Judge Allows Newsom’s Defamation Suit Against Fox News, Denies Attorney Fees
WILMINGTON, Del. — A Delaware state judge on April 30 denied a motion by Fox News Network (FNN) to dismiss a lawsuit brought against it for defamation per se by California Gov. Gavin Newsom regarding FNN’s claim on-air that the governor “lied” about not having a phone call with President Donald J. Trump in June 2025 and denied FNN’s request for attorney fees based on Newsom’s withdrawal of a claim for violation of California’s unfair competition law (UCL).
Split Texas Panel Denies Mandamus Petition Seeking To Toss Qui Tam Fraud Suit
AUSTIN, Texas — A split Texas appellate court on April 30 denied a petition for writ of mandamus by Novartis Pharmaceuticals Corp. seeking dismissal of a qui tam suit brought by Health Selection Group LLC (HSG) alleging fraud under the Texas Medicaid Fraud Prevention Act, finding that “the costs of discovery and the litigation process that the parties will endure are insufficient in this instance to demonstrate a lack of an adequate remedy by appeal.”
Panel: Texas Insured Not Entitled To Windfall Recovery In Hurricane Nicholas Suit
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on April 30 affirmed a lower federal court’s summary judgment ruling in favor of an insurer in a breach of contract lawsuit over an insured’s claim for roof damage caused by Hurricane Nicholas, holding that the insured failed to establish that a “full” roof replacement is necessary under the homeowners insurance policy for his alleged Hurricane Nicholas damage despite his failure to replace the roof after his 2017 Hurricane Harvey claim.
Washington Supreme Court: Insulator’s Sales Fall Outside Statute Of Repose
SEATTLE — A Washington state statute of repose covers a subcontractor’s work installing insulation at an oil refinery, but a plaintiff can still pursue a negligence claim for the subcontractor’s sale of the asbestos-containing insulation that was used at the refinery, a divided Washington Supreme Court said April 30.
Parties, Amici Dispute Bid For En Banc 4th Circuit To Review Class Cert Vacatur
RICHMOND, Va. — Arguing in part that en banc rehearing is not warranted because “[t]he panel nowhere placed class certification off-limits for all § 502(a)(2) claims involving defined-contribution plans,” an employer urged the Fourth Circuit U.S. Court of Appeals to let stand an interlocutory ruling that reversed and vacated certification of a mandatory class in an Employee Retirement Income Security Act case challenging the employer’s decision to include passively managed BlackRock LifePath Index target date funds (TDFs) in its retirement plan.
Panel Affirms Defense Verdict In Roundup Case, Overruling Plaintiff’s Objections
SAN JOSE, Calif. — In an unpublished opinion, an appellate court panel in California affirmed a verdict in favor of Monsanto Co. in a lawsuit alleging that exposure to the herbicide Roundup caused a man to develop cancer, ruling that to the extent the trial court did not limit Monsanto’s use of a separate-but-related lawsuit in questioning at trial, the plaintiff forfeited his objection to that line of questioning by not raising that specific issue at trial.
Ad Patent Claims Properly Construed, Invalidated, Federal Circuit Finds
WASHINGTON, D.C. — The U.S. Patent Trial and Appeal Board (PTAB) correctly construed two disputed claim terms during inter partes review (IPR) proceedings initiated by Google LLC, a Federal Circuit U.S. Court of Appeals panel held April 30; the appeals court rejected the plaintiff-appellant technology company’s claim that PTAB violated the Administrative Procedure Act (APA) by providing an analysis that does not enable Federal Circuit review.
Maker Of Cosmetics Ingredients Files Chapter 11 Petition, Reorganization Plan
HOUSTON — Cosmetics ingredients producer Miyoshi America Inc. has filed a Chapter 11 petition and a prepackaged plan of reorganization that establishes a $20 million asbestos trust in Texas federal bankruptcy court, saying more than 99% of holders of talc personal injury claims voted to accept the plan in prepetition balloting.
Federal Courts Dismiss 2 In Series Of Cases Alleging Fraud In NSA IDR Claims
As of April 29, at least two federal courts have dismissed suits filed by insurers alleging fraud in the arbitration process created by the No Surprises Act (NSA), rejecting the insurers’ bids to impose judicial review over the administrative arbitration process established by Congress when it enacted the NSA.
High Court Hears Arguments On Induced Infringement In ‘Skinny-Label’ Suits
WASHINGTON, D.C. — The U.S. Supreme Court heard oral argument April 29 on the standard for the inducement of infringement in medical patent cases, including ones that involve “skinny label” generic versions. A bioequivalent manufacturer told the high court that recent precedent emphasized that an entity must take active steps to induce infringement, while a patent-owning pharmaceutical company maintained that statements made by the bioequivalent maker did not clearly disclaim patented cardiovascular uses, thus inducing infringement.
Magistrate Judge Won’t Disqualify Chinese Law Firm’s Counsel In Attorney Fee Case
SEATTLE — A Washington federal magistrate judge on April 29 denied a motion to disqualify the U.S. law firm representing a Chinese law firm in its bid to enforce a confirmed arbitral award worth more than $765,000 in unpaid attorney fees against the Chinese firm’s former client, finding that an attorney who transitioned from the defendant’s firm to the plaintiff’s firm was not involved in the plaintiff’s case; the judge also declined to award fees incurred litigating the motion.