High Court Hears Argument In ERISA Case Concerning Meaningful Benchmarks
WASHINGTON, D.C. — The U.S. Supreme Court heard oral argument on Oct. 6 in an Employee Retirement Income Security Act case concerning whether fund underperformance claims must allege a “meaningful benchmark” to survive dismissal, with retirement plan participants arguing that the Ninth Circuit U.S. Court of Appeals improperly imposed a categorical rule that prohibits a holistic analysis of the allegations and plan fiduciaries and amicus curiae the U.S. government contending that the Ninth Circuit correctly decided that an apples-to-apples comparison is necessary in such cases.
Texas High Court Agrees To Review Exhaustion, Occurrence Ruling In Asbestos Suit
FORT WORTH, Texas — The Texas Supreme Court agreed to review an appellate panel’s ruling that an insurer has a continued duty to defend its insured against underlying asbestos bodily injury lawsuits because the underlying allegations fall within the policies’ premises-operations coverage and the insurer failed to show that its policies have been exhausted.
U.S. Can Offer Arguments In University Workers’ High Court Title IX Sex Bias Case
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 5 granted a motion filed by the solicitor general of the United States for leave to participate in oral argument as amicus curiae and for divided argument supporting the position of the Board of Regents of the University System of Georgia and Georgia Tech Athletic Association (GTAA) in a case involving sex discrimination suits filed by two former university system employees.
U.S. Invited To File Brief In Smelter Operator’s CERCLA Damages Dispute With Tribes
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 5 invited the U.S. solicitor general to file a brief on behalf of the United States in a case in which a British Columbia lead-zinc smelter operator is seeking review of whether the Comprehensive Environmental Response, Compensation, and Liability Act “authorizes damages for the felt loss of a cultural connection to natural resources” in a dispute with the Confederated Tribes of the Colville Reservation over claims seeking up to $538 million in damages in connection with the discharge of millions of tons of toxic waste into the Columbia River.
N.Y. Panel Modifies, Vacates, Affirms 2 Orders In NFL Concussion Coverage Dispute
NEW YORK — Ruling on appeals of two summary judgment rulings in a coverage dispute over underlying lawsuits alleging that the National Football League negligently failed to protect former players from brain injuries purportedly caused by concussive head impacts, a New York appellate panel held that an excess insurer has no duty to indemnify the NFL and NFL Properties LLC in connection with an underlying multidistrict litigation settlement and found that NFL football does not constitute a “product” under the Products Completed Operations Hazard (PCOH) so the PCOH aggregate limits are not applicable.
Extraterritoriality, Preemption Debated In High Court Colo. Climate Law Dispute
WASHINGTON, D.C. — Oil and gas companies and two Colorado municipalities debated Oct. 5 during oral argument before the U.S. Supreme Court whether federal law precludes state law claims seeking relief for alleged damage to infrastructure and resources caused by greenhouse gas emissions in a dispute over the companies’ alleged contribution to climate change and resulting global harms through their production and sale of fossil fuels.
6th Circuit Grants PBMs’ Mandamus Petition, Vacates Opioid MDL Amendment Order
CINCINNATI — The Ohio federal judge overseeing the national opioid multidistrict litigation failed to conduct the individualized diligence inquiry required by Federal Rule of Civil Procedure 16 and abused his discretion by allowing approximately 800 plaintiffs to belatedly amend their complaints to assert claims against pharmacy benefit managers (PBMs), a Sixth Circuit U.S. Court of Appeals panel held Oct. 2 in granting mandamus relief.
New York Justice Upholds $10M Past Pain Award, Asbestos Verdict
NEW YORK — The plaintiffs in a New York asbestos case on Oct. 2 entered a notice of ruling in which a New York justice said they presented sufficient evidence of asbestos exposure to cause mesothelioma and that the $10 million award for past pain and suffering, while higher than past awards, was consistent with more recent jury verdicts.
High Court Asks United States To Weigh In On California Interest On Escrow Law
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 5 invited the solicitor general to file a brief expressing the views of the United States on a petition challenging a split Ninth Circuit U.S. Court of Appeals panel’s ruling stating that the National Bank Act (NBA) does not preempt a California state law requiring a minimum 2% interest on certain mortgage escrow accounts and affirming in part a more than $9 million judgment in favor of a class of escrow-holders, which the petitioner says was incorrect under high court precedent.
U.S. High Court Vacates Judgment In Class Suit Over TPS End For Venezuela, Haiti
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 5 granted the federal government’s petition for a writ of certiorari in a putative class lawsuit over the Homeland Security secretary’s termination of temporary protected status (TPS) for Venezuela and Haiti, vacated the Ninth Circuit U.S. Court of Appeals’ judgment in the case and remanded it for further consideration in light of the June decision in Mullin v. Doe.
Stay Of IRS Tax Case Due To Related Action Denied, But Consolidation Possible
NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals judge denied the Internal Revenue Service’s request to stay briefing in a tax firm’s Administrative Procedure Act (APA) challenge to the agency’s final microcaptive insurance disclosure rule pending resolution of a related appeal involving the same regulations but wrote that should either party desire to consolidate the present action with the related one, a motion should be filed.