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Objectors: $7.25B Roundup Deal ‘Extinguishes’ Claims; Case Should Be Sent To MDL

ST. LOUIS — Individuals who object to the proposed $7.25 billion nationwide Roundup settlement between a putative class and Bayer Corp., Monsanto Co.’s parent company, removed the putative class action to Missouri federal court, arguing that the proposed agreement “extinguishes” the claims of current and future plaintiffs “in exchange for pennies on the dollar.” The objectors also moved to stay all proceedings pending a ruling on their motion to transfer the case to the multidistrict litigation for Roundup litigation.

9th Circuit Reverses Water Fluoridation Ruling, Says Court Abused Discretion

SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals has vacated and remanded a lower court decision on the risk of water fluoridation, ruling that the district court “abused its discretion” when it refused to rule on the record presented in the first of two bench trials and when it paused the case pending publication of an additional study on water fluoridation, despite both parties asking the court to decide the case on the existing evidentiary record.

Federal Circuit Reinstates $82M Damages Ruling Against Ford In Trade Secret Case

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel held that a Michigan federal judge wrongly barred a technology company from seeking unjust enrichment damages against Ford Motor Co. and wrongly vacated a jury’s award of breach of contract damages; the panel also affirmed a finding that Ford had misappropriated the company’s trade secrets related to software used in vehicle development.

Another Circuit Rules That ERISA Requires Reasonable Conversion Assumptions

ATLANTA — Reviving a putative class action and agreeing with a recent ruling that made a sister circuit “the only other federal court of appeals to have decided the issue,” an 11th Circuit U.S. Court of Appeals panel on May 26 concluded that the Employee Retirement Income Security Act requires pension plans to “convert married participants’ single-life annuities to joint-and-survivor annuities using reasonable mortality and interest-rate assumptions.”

High Court Denies Rehearing In Case Over SEC’s, Court’s Authority Over Receivership

WASHINGTON, D.C. — The U.S. Supreme Court on May 26 denied a petition for rehearing filed by a man subject to a civil action by the Securities and Exchange Commission asking the court to determine whether federal securities laws allow the SEC and a district court to use the commission’s general equitable authority to order a receivership that will seize every entity owned by a defendant that even slightly benefited from the defendant’s allegedly illegal acts; the Supreme Court had denied the man’s petition for certiorari on March 30.

Experts Weigh In On DOJ Use Of FCA To Enforce ‘Illegal DEI Practices’

Experts on False Claims Act (FCA) litigation, comprising a law professor, a whistleblower attorney and a former deputy assistant attorney general, who answered FCA-related questions on May 22, weighed in and spoke with Mealey Publications on efforts by the U.S. Department of Justice (DOJ) to use the FCA against entities the DOJ accuses of violating the FCA by failing to comply with antidiscrimination requirements in federal contracts or what the DOJ terms are “illegal DEI practices.”

U.S. High Court Won’t Hear NFL’s Arbitration Question In Coach’s Race Bias Suit

WASHINGTON, D.C. — A divided U.S. Supreme Court on May 26 denied a petition for a writ of certiorari filed by the National Football League and three teams concerning the enforceability of arbitration agreements that designate the NFL commissioner as the default arbitrator and allow the commissioner to develop the arbitral procedures after the Second Circuit U.S. Court of Appeals affirmed a trial court’s partial denial of the arbitration motion.

11th Circuit Dismisses Sex Trafficking Coverage Dispute For Lack Of Jurisdiction

ATLANTA — The 11th Circuit U.S. Court of Appeals on May 22 dismissed a commercial general liability insurer’s appeal of a lower federal court’s declaration that it has a duty to defend a hotel operator insured against an underlying sex trafficking lawsuit, holding that the appeals court lacks jurisdiction to hear the appeal.

Supreme Court Reverses Ruling In Immigration Judges’ Speech Policy Dispute

WASHINGTON, D.C. — In a per curiam opinion issued May 26, the U.S. Supreme Court, in granting a petition for a writ of certiorari filed by the director of the Executive Office for Immigration Review (EOIR), reversed a Fourth Circuit U.S. Court of Appeals panel’s ruling vacating dismissal of a complaint challenging a federal employee speech policy, holding that the panel “violated the principle of party presentation.”

Verizon Retirees Drop Bid To Have 2nd Circuit Revive Putative Class PRT Case

NEW YORK — Without substantive explanation, parties in a challenge to dismissal of a putative Employee Retirement Income Security Act pension risk transfer (PRT) class case on May 22 informed the Second Circuit U.S. Court of Appeals that they have stipulated to dismissing the appeal with prejudice and bearing their own “costs and fees on appeal.”

High Court Refuses To Hear Challenge To Expert Ruling In EtO Injury Case

WASHINGTON, D.C. — The U.S. Supreme Court on May 26 denied a petition for a writ of certiorari in a case brought by Union Carbide Corp. and an affiliate in which they argued that the court should review a Fourth Circuit U.S. Court of Appeals opinion pertaining to the correct legal standard for the admissibility of an expert under Federal Rule of Evidence 702 in an ethylene oxide (EtO) injury case.

LATEST NEWS

Insurer Says Chinese Bank Won’t Honor Vesttoo-Related Letters Of Credit
Objectors: $7.25B Roundup Deal ‘Extinguishes’ Claims; Case Should Be Sent To MDL
9th Circuit Reverses Water Fluoridation Ruling, Says Court Abused Discretion
Air Force Makes Case To Reverse Guam Beach Waste Disposal Suit Revival
Federal Circuit Reinstates $82M Damages Ruling Against Ford In Trade Secret Case
Another Circuit Rules That ERISA Requires Reasonable Conversion Assumptions
Insurance Mogul Lindberg Gets 12-Year Prison Sentence For Money Laundering, Fraud
FCIC, Crop Insurance Agency Split On Immunity In Dispute Over Agent Commissions
Yet Again, High Court Skips Review Of An ERISA Effective Vindication Ruling
Parent Asks High Court To Hear Fair Use Argument To Obtain School Survey Copy
Judge: Insured Failed To File Sworn Proof Of Loss For All Claimed Flood Damage
Admissibility Of AI Video Of Homicide Victim At Issue In Arizona Appeal
Boston University Seeks Coverage For $1.76M In Costs Defending Class Action Lawsuits
6th Circuit Won’t Rehear ERISA Cases Its ‘Reasonable Assumptions’ Ruling Revived
Maryland Federal Judge Finds Claims In Defective Medical Device Case Are Preempted
Potbelly Appeals Dismissal Of Suit Seeking Employment Practices Liability Coverage
Dismissal Order Amended In Trump $10B Wall Street Journal Defamation Suit
High Court Denies Rehearing In Case Over SEC’s, Court’s Authority Over Receivership
U.S. High Court Denies Petition Seeking Review Of Church Autonomy Question
Lawyer Suspended; Court ‘Deeply Troubled’ By Conduct In Wake Of AI Questions
Experts Weigh In On DOJ Use Of FCA To Enforce ‘Illegal DEI Practices’
U.S. High Court Won’t Hear NFL’s Arbitration Question In Coach’s Race Bias Suit
11th Circuit Dismisses Sex Trafficking Coverage Dispute For Lack Of Jurisdiction
High Court Rebuffs Review Bid Concerning ERISA Suit Over Risky Strategy
9th Circuit Won’t Rehear Car-Maker’s Appeal Of Denial Of Arbitration
Supreme Court Reverses Ruling In Immigration Judges’ Speech Policy Dispute
Pennsylvania Vape Directory Law Called Unconstitutional By Retailers In Complaint
Verizon Retirees Drop Bid To Have 2nd Circuit Revive Putative Class PRT Case
Judge Stands By Ruling That Insurer Waived Right To Remove Hurricane Maria Suit
Plaintiff/Defense Experts Testifying Since Jan. 1, 2002