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Smoker’s Estate Moves For New Trial After $350K Verdict Reduced To $0

KONA, Hawaii — A smoker’s estate on Nov. 17 filed a motion in Hawaii state court to vacate a jury’s general damages award in his favor and for a new trial solely on general damages, after the court entered final judgment reducing the jury’s verdict of $350,000 in compensatory damages to $0 based on comparative fault and prior settlements by co-defendants.

Stay Denied Due To No Irreparable Injury Showing In Centralized Database Case

WASHINGTON, D.C. — A federal judge in the District of Columbia in a Nov. 17 opinion noted doubt about “the lawfulness of” the federal government’s centralized database of Americans’ personal data but denied a motion for a stay filed by several nonprofits and individuals based on the failure to demonstrate irreparable injury as the database changes have already been made.

9th Circuit Vacates Ruling That TPA Discriminated By Enforcing Exclusions

PASADENA, Calif. — Citing the U.S. Supreme Court’s split June 18 ruling in United States v. Skrmetti, the Ninth Circuit U.S. Court of Appeals on Nov. 17 vacated and remanded for reconsideration a class action ruling that the third-party administrator (TPA) of a self-funded health plan violated the Patient Protection and Affordable Care Act (ACA)’s antidiscrimination provision by administering exclusions of gender-affirming care.

N.C. Judge Approves $2.45M Website Tracking Software Settlement With Health System

RALEIGH, N.C.  — A North Carolina state court judge on Nov. 17 approved a class action settlement between patients and former patients of a hospital system and the hospital system in a suit asserting that software on the hospital’s website captured their information and sent it to Facebook without their consent, finding that the $2.45 million settlement “is fair, reasonable, adequate, and in the best interest of the settlement class.”

Contamination Exclusion Bars Coverage For COVID-19 Losses, 9th Circuit Affirms

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Nov. 17 affirmed a district court’s ruling that an all-risk policy’s contamination exclusion bars coverage for losses sustained during the COVID-19 pandemic, rejecting the insureds’ argument that the district court erred in finding that a California appellate panel’s ruling in a similar case is applicable to the instant dispute.

Split D.C. Circuit Denies En Banc Rehearing In Immigrant Removal Case

WASHINGTON, D.C. — A divided District of Columbia Circuit U.S. Court of Appeals issued a per curiam order denying rehearing en banc sought by immigrants after a panel in August dismissed an appeal by the federal government for lack of appellate jurisdiction and vacated a trial court’s ruling that probable cause exists to determine that the federal government’s actions in an immigrant removal class case constitute criminal contempt, opining that the government “satisfied the stringent requirements for a writ of mandamus.”

9th Circuit Amends Order To Clarify Position On Other Preemption Arguments

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Nov. 17 amended a previous opinion to clarify that it took no position on other arguments on preemption that a pharmaceutical company may assert in a case brought by former members of the U.S. military who allege that they were injured after ingesting military-prescribed mefloquine products, an anti-malarial medication.

Mexico’s Request To Suspend British-Chinese Mining Arbitration Denied

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 14 published a tribunal’s order denying the United Mexican States’ request to suspend an arbitration brought against it by British and Chinese lithium mining investors pending the potential consolidation of the arbitration with a recently filed claim brought by British parties who previously claimed an interest in the investors’ royalties, writing that suspension is not yet warranted.

Deponent Ordered To Pay More Than $60,000 For Fees, Costs In Health Plan Case

CHICAGO — An Illinois federal magistrate judge who previously determined that a deponent’s “obstructive and combative behavior and dilatory tactics” warranted three extra hours of deposition and monetary sanctions awarded more than half of the $105,875.20 requested for related attorney fees in the Employee Retirement Income Security Act class action that challenges the expenses and allocations by trustees of a nationwide multiemployer health plan.

Justice’s Earlier Stay Vacated, Stay Of Class-Challenged Marcos Funds Ruling Denied

WASHINGTON, D.C. — U.S. Supreme Court Justice Sonia Sotomayor on Nov. 14 vacated her Nov. 5 stay of a Second Circuit U.S. Court of Appeals decision that cleared the way for the Republic of the Philippines to receive the millions of dollars in a U.S. bank account opened by former President Ferdinand E. Marcos and denied the application for stay filed by a class of individuals who were subject to Marcos’ human rights abuses.

Supreme Court To Consider Ruling In Immigrant Class Case Over Metering Policy

WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 17 granted a petition for a writ of certiorari filed by federal government officials after a divided Ninth Circuit U.S. Court of Appeals partially upheld a permanent injunction in a class case over a now-rescinded border metering policy.

LATEST NEWS

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Record Update Ordered, IRS Dismissal Bid Partly Granted In Captive Rule Dispute
Smoker’s Estate Moves For New Trial After $350K Verdict Reduced To $0
Stay Denied Due To No Irreparable Injury Showing In Centralized Database Case
Insurer, General Contractor Dismiss Damages Coverage Suit
9th Circuit Vacates Ruling That TPA Discriminated By Enforcing Exclusions
N.C. Judge Approves $2.45M Website Tracking Software Settlement With Health System
Walmart Seeks $745K In Attorney Fees From Plaintiff’s Counsel In Avocado Oil Case
4th Circuit Grants Homeowners Dismissal Of Dispute Over Water Damage Coverage
Dozens File U.S. High Court Amicus Briefs Supporting Removed FTC Commissioner
Biomechanical Engineer Can Testify In Police Shooting Case, Federal Judge Says
J-MM Revives RICO Claims Against Asbestos Litigation Firm
Contamination Exclusion Bars Coverage For COVID-19 Losses, 9th Circuit Affirms
Split D.C. Circuit Denies En Banc Rehearing In Immigrant Removal Case
Texas Dental Practice Will Pay $1M To End Patients’ Data Breach Class Suit
No Coverage Owed To Insured For Contamination Suit, Federal Judge Says
Plaintiff/Defense Experts Testifying Since Jan. 1, 2002
Judge Used Wrong Standard To Exclude Patent Evidence, Federal Circuit Says
9th Circuit Amends Order To Clarify Position On Other Preemption Arguments
Panel: Lower Court Did Not Abuse Discretion In Denying Remand Of Royalty Dispute
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