High Court Hears Arguments On Statutory Interpretation Of ‘Consumer’ Under VPPA
WASHINGTON, D.C. — The Video Privacy Protection Act’s (VPPA) reach is not limited to video-related services, the attorney representing a California man who brought a putative class complaint regarding data sharing against Paramount Global under the VPPA argued Oct. 14 before the U.S. Supreme Court in a case debating the meaning of “consumer” under the act.
Judge Grants Preliminary Injunction In Media Suit Over White House Ban
WASHINGTON, D.C. — A District of Columbia federal judge on Oct. 13 granted a motion for a preliminary injunction in a suit filed by CNN, MS NOW and POLITICO and three of their reporters after the judge previously granted a temporary restraining order (TRO) requiring that the plaintiffs’ passes to the White House be restored after they were revoked by President Donald J. Trump, finding that the plaintiffs are likely to succeed on their due process and First Amendment violation claims against defendants Trump, Steven Cheung, Sean M. Curran and Susan Wiles.
CVS Agrees To Pay $315M To Settle Claims Of Allegedly Unlawful Opioid Prescriptions
PROVIDENCE, R.I. — CVS Pharmacy Inc. and certain subsidiaries have agreed to pay $315 million to resolve federal allegations that they violated the False Claims Act (FCA) and the Controlled Substances Act (CSA) by filling prescriptions for opioids and other controlled substances that allegedly lacked a legitimate medical purpose and submitting those prescriptions for reimbursement from federal health care programs, the government announced Oct. 13.
Hanover College Enjoined In Class Suit From Eliminating Women’s Swim Team
NEW ALBANY, Ind. — A federal judge in Indiana on Oct. 13 granted a motion by four female student-athletes for an emergency preliminary injunction in their putative class action halting Hanover College’s plans to eliminate its women’s swim team; the college’s motion to dismiss that was filed in the meantime remains pending.
Georgia Appeals Court Finds Any Error In Admitting Expert’s Testimony Was Harmless
ATLANTA — A Georgia appeals court on Oct. 13 affirmed a man's conviction on rape and other charges, finding that even if the trial court erred in admitting testimony from an expert on intimate partner violence presented by the state, any error was harmless in light of the substantial evidence of the appellant’s guilt.
Judge Grants Final Approval To $68M Settlement For Google Assistant Eavesdropping
SAN JOSE, Calif. — A California federal judge on Oct. 13 granted a motion for final approval of a $68 million settlement resolving class claims against Google LLC and Alphabet Inc. (collectively Google) for allegedly eavesdropping on Google Assistant (GA) users in violation of California’s unfair competition law (UCL) and privacy laws and granted the plaintiffs’ motion for more than $22 million in attorney fees but reduced the named plaintiffs’ service awards.
FTC, States Tell Court That Shkreli Is Violating Lifetime Ban From Drug Industry
NEW YORK — The Federal Trade Commission and seven states on Oct. 13 asked a federal court in New York to hold former pharmaceutical executive Martin Shkreli in civil contempt, alleging that his trading in pharmaceutical company stocks and public commentary about drug companies violate a lifetime ban from the pharmaceutical industry imposed after an antitrust trial.
11th Circuit Ditches Exhaustion Precedent For Statutory ERISA Claims
ATLANTA — Overruling the 1985 decision Mason v. Continental Group, Inc. and its progeny “to the extent they hold that” the Employee Retirement Income Security Act “requires exhaustion of statutory claims,” the en banc 11th Circuit U.S. Court of Appeals on Oct. 13 reversed dismissal of an employee stock ownership plan (ESOP) valuation case and remanded to the panel that initially decided the appeal “for any further proceedings that may be necessary.”
Solicitor General To Participate In Argument In Case Over Bivens Damages For Inmate
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 13 granted the U.S. solicitor general’s motion to participate in oral argument as amicus curiae supporting a staff nurse at a federal detention center who has asked the court to reverse a Ninth Circuit U.S. Court of Appeals ruling recognizing a cause of action for damages under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics for an inmate who was injured in a prison gang fight but was not sent to a hospital.
Supreme Court: U.S. As Amicus May Participate In Pipeline Condemnation Argument
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 13 granted the United States’ motion for leave to participate in the Nov. 9 oral argument as amicus curiae in an appeal concerning whether the compensation a private pipeline company must pay in an eminent domain action carried out under the Natural Gas Act is controlled by the Fifth Amendment to the U.S. Constitution or state law.
Washington Supreme Court Rules State Privacy Act Doesn’t Bar Hospital’s Data Share
OLYMPIA, Wash. — The Washington Privacy Act (WPA) doesn’t prohibit Seattle Children’s Hospital (SCH) from using Meta Platforms Inc. technology to track the searches and clicks of users of the SCH public website and SCH’s automated responses and from sharing that data with Meta to create targeted ads, the Washington Supreme Court majority ruled in a putative class lawsuit brought by website users.