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Supreme Court Reverses Ruling In Immigration Judges’ Speech Policy Dispute

WASHINGTON, D.C. — In a per curiam opinion issued today, 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.”

School District Settles Suit Against Social Media Companies Alleging Harm To Youths

OAKLAND, Calif. — After a Kentucky school district and Meta Platforms Inc. and its subsidiaries filed a joint stipulation of dismissal on May 21 in a California federal court, counsel for the school district issued a statement on May 22 advising that the parties had resolved the school district’s claims against Meta as well as Snap Inc., TikTok Inc. and related entities, Google LLC and YouTube LLC, in a suit accusing the social media companies of negligence in harming minors’ mental health by targeting them to use the platforms to increase revenue.

United States Tells High Court To Reject Petition In Compounding Drug Case

WASHINGON, D.C. — The U.S. Supreme Court should deny a petition for a writ of certiorari on whether state unfair competition laws are preempted by federal law in cases accusing compounding pharmacies of marketing drugs without premarket approval by the U.S. Food and Drug Administration because the lower court got it right and the FDA “is currently considering whether to take regulatory action with respect to the drug at issue here,” the federal government contends in a May 21 amicus curiae brief.

D.C. Circuit Asks United States To Weigh In On $5B Award Against Russia

WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel on May 21 asked the United States to file an amicus curiae brief regarding its views on an international treaty and Russian law in relation to the Russian Federation’s appeal of a judge’s denial of its motion to dismiss or stay a Luxembourg entity’s petition to enforce an arbitral award worth more than $5 billion for the loss of a loan to its parent company.

Panel: Court’s Dismissal Of Case For Prosecutorial Delay Was Abuse Of Discretion

SAN DIEGO — A California appellate panel ruled in an unpublished opinion that a trial court abused its discretion by dismissing a wrongful death lawsuit against Monsanto Co. and others for delay in prosecution after the plaintiffs made a sufficient showing of good cause for the delay.

3 Race Bias Cases Against A Houston College Dismissed After Settlements

HOUSTON — Three racial discrimination cases by employees against Houston Community College, including two that were filed as class actions, were separately dismissed by a federal judge in Texas after more than 100 named plaintiffs reached a confidential global settlement with the school.

Judge: Some Of Pool Construction Company’s Claims Against Insurer May Continue

AUSTIN, Texas — A federal judge granted in part and denied in part an insurer’s motion to dismiss a pool construction company’s suit against it stemming from two underlying suits for property damage and construction defects, finding that the company provided sufficient allegations to plausibly support the company’s claims for breach of contract and bad faith, but not its claims for declaratory relief or under the Texas Deceptive Trade Practices Act (DTPA) or the Texas Insurance Code.

High Court Rules Against Employers In Withdrawal Liability Assumptions Case

WASHINGTON, D.C. — Taking the position supported by multiemployer plans and amicus curiae the U.S. government and opposed by the withdrawing employers, the U.S. Supreme Court on May 21 affirmed a ruling that the actuarial assumptions used to calculate liability for withdrawing from a multiemployer pension plan do not have to be made by the “measurement date,” which is the end of the plan year before the withdrawal.

Judge Rejects Challenge To LCIA’s Dismissal Of Employee’s $1.3M Bonus Claim

LONDON — An English judge on May 20 denied the former director of a Russian company’s challenge of a London Court of International Arbitration (LCIA) arbitrator’s ruling dismissing the director’s claim for an unpaid bonus worth $1.3 million for lack of jurisdiction, writing that the arbitrator properly found the alleged incentive agreement was fraudulently backdated and therefore invalid.

COPD Ruling, Expert’s ‘Contaminated House’ Opinions Feature In Asbestos Case

NEW ORLEANS — A defense expert may testify that a man suffers from chronic obstructive pulmonary disease (COPD) in addition to other asbestos-related illnesses, a federal judge in Louisiana said May 19 in denying a motion to exclude.  In other developments, the court announced that the man had settled with Shell USA Inc. and asked the court to reconsider summary judgment on a nonintentional tort claim, and the parties wrapped briefing on a plaintiff expert’s “contaminated house” testimony.

Panel Affirms Order Issued Against Insurance Mogul’s Interest In Holding Company

RALEIGH, N.C. — The Court of Appeals of North Carolina on May 20 affirmed a lower court order granting a motion for a charging order filed by a life insurance company against the economic interest of former insurance mogul, Greg Lindberg, in his holding company, Global Growth Holdings LLC, finding that the lower court had statutory authority to issue the charging order and “was not required to establish in rem or quasi in rem jurisdiction over Global because charging orders are not directed at foreign LLCs but rather concern the judgment-debtor’s personal property.”

LATEST NEWS

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
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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
5th Circuit Agrees Insured Failed To Prove Covered Hail Damage In Payment Dispute
Plaintiff/Defense Experts Testifying Since Jan. 1, 2002
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Known Pollution Exclusion Bars Coverage For Lead Exposure Suit, N.Y. Panel Says
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Experts Featured In Mealey’s Daubert Report
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Duty-To-Indemnify Claim In Exposure Coverage Suit Should Proceed, Insurer Says
Judge Rules On Admissibility Of Expert Testimony In Dispute Over Barge Condition
Appellate Court Vacates Asbestos Duty Ruling After Maryland High Court Decision
Excess Insurer Owes No Coverage For Remediation Costs, Panel Says In Reversing
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Union Carbide, Man Debate Registration’s Reach In North Dakota Asbestos Case
Expert On Nonprofit Rules Allowed To Testify In Criminal Case Against Couple
Experts Should Be Allowed To Testify That Palliative Care, Not Crash, Caused Death
4th Circuit Says Lower Court Erred In Requiring Expert To Link Injuries To Fall
Expert Can Testify That Kitchen Device Was Defectively Designed In Injury Case
Pipe Maker: New Decision Shows Fake Litigation Doesn’t Enjoy Protections
School District Settles Suit Against Social Media Companies Alleging Harm To Youths
PTAB Right To Invalidate Web Browsing Patent Claims, Panel Rules
Mandate Issued After VPPA Consumer Status Ruling Affirmed By 2nd Circuit
5th Circuit: Insured Failed To Meet Burden Under Texas Law To Show Timing Of Loss
ERISA Suit Over Stable Value Fund, Forfeitures Survives Dismissal