U.S. Supreme Court Denies Landowner’s Petition In Wetlands CWA Liability Case
WASHINGTON, D.C. — The U.S. Supreme Court on June 1 denied a petition for a writ of certiorari filed by a Connecticut farmland owner seeking review of an order that held him liable for remediation of his property after he violated the Clean Water Act (CWA) by filling in wetlands without a permit (Andrews v. United States, No. 25-668, U.S. Sup., 2026 U.S. LEXIS 2336).
7th Circuit Holds Hague Convention Bars Email Service In IP Row, If It Applies
CHICAGO — A Seventh Circuit U.S. Court of Appeals panel reversed an Illinois federal judge’s finding that the Hague Service Convention allowed a plaintiff clothing company to serve alleged counterfeiters in China through email, holding that the convention bars email service to entities based in China; however, the panel also determined that the judge failed to address the threshold issue of whether the Hague Service Convention applies to the case at all.
8th Circuit: Sanctions In Database Copyright Case Not Yet Appealable
ST. LOUIS — An Eighth Circuit U.S. Court of Appeals panel determined on June 1 that it lacked jurisdiction to consider a Minnesota federal judge’s entry of sanctions against a man accused of copying business databases and selling data derived from them through a series of web entities; the panel held that the sanctions order was not a final appealable judgment.
‘Rescoring’ Settlement In NFL Benefits Lawsuit Wins Preliminary Approval
BALTIMORE — A Maryland federal judge on June 1 gave preliminary approval to a class settlement that would resolve a suit former NFL players filed over the use of “race-based demographic adjustments” in “scoring neuropsychological tests” used to determine whether they receive disability and related benefits; the parties said the deal is designed to ensure that such “adjustments play no role in the Plans’ benefit determinations, whether prospectively or retroactively.”
Firm’s Suit Over Lost Engle Case Referrals Was Wrongly Dismissed, Panel Says
TAMPA, Fla. — A Florida appellate panel on May 29 reversed the dismissal of a law firm’s complaint against the widow of an attorney for interfering with a contingency fee agreement by allegedly giving away or selling Engle cases on which the firm claims it was owed compensation, finding the dismissal procedurally improper because it was based on issues outside the complaint.
‘King Of Vape’ Owner’s Defamation Suit Over Newspaper Article Dismissed
FORT MYERS, Fla. — A Florida federal judge on May 29 dismissed with prejudice a defamation lawsuit brought by the owner of a chain of e-cigarette stores in Florida against the company that owns the New York Post and a journalist who wrote an article about him, finding that the plaintiff engaged in “bad-faith tactics” by amending his complaint to avoid the “actual malice” standard for defamation against public figures rather than addressing the court’s prior findings.
Insurer Responds To Company’s Objection To Recommendation In Defense Coverage Case
SHERMAN, Texas — In a May 27 filing, the insurer of an infectious disease lab testing company urged a Texas federal judge to adopt a magistrate judge’s recommendation granting the insurer judgment on the pleadings in a dispute over defense coverage for regulatory claims, arguing that the liability policy clearly limits coverage for such claims and that the limit applies to the company’s defense costs.
Panel: Entirety Of EEOC Proceeding Is Squarely In ‘Heartland’ Of Policy Exclusion
NEW YORK — The Second Circuit U.S. Court of Appeals on May 29 held that the entire charge of discrimination that was filed with the Equal Employment Opportunity Commission against a construction company insured “is squarely in the heartland” of a management liability insurance policy’s sexual and physical abuse exclusion, affirming a federal court’s dismissal of the coverage dispute arising from sexual harassment claims.
Panel Sends Case Challenging $7.25B Nationwide Roundup Settlement To MDL
WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) has transferred to the MDL court for Roundup product liability litigation a putative class action that would establish a preliminarily approved nationwide Roundup settlement of up to $7.25 billion after a group of objectors who refer to themselves as the “objector defendants” removed the lawsuit to Missouri federal court and sought its transfer, arguing that the proposed settlement “extinguishes” the claims of current and future plaintiffs.
2nd Circuit Finds Gap’s Challenged Statements Weren’t False Or Misleading
NEW YORK — A Second Circuit U.S. Court of Appeals panel affirmed a lower court’s dismissal of investors’ putative class action against The Gap Inc. and two of its executives, finding that the challenged statements about problems with an inclusive clothing size initiative were not false or misleading.
Judge Orders THC Vape Companies To Correct Labels, Awards $732K In Attorney Fees
LOS ANGELES — A California federal judge on May 28 entered final judgment in favor of a certified class of consumers of Cake-brand vape products containing tetrahydrocannabinol (THC) against two nonappearing companies for violating California’s unfair competition law (UCL) and other laws by mislabeling the THC content of their vapes. The judge ordered the companies to correct their labels and awarded class counsel approximately $850,000 in attorney fees and costs.