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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.

Maryland High Court Rejects Duty Element In Bystander Asbestos Case

BALTIMORE — A household member who suffers an injury from exposure to asbestos brought home on work clothing qualifies as a bystander, and state law does not impose a duty element for a strict liability claim, the Maryland Supreme Court said in answering a certified question from the District of Columbia Court of Appeals.

Trial Court Erred In Refusing To Sever N.J. Statutory Claim, Panel Says

TRENTON, N.J. — A New Jersey appeals panel on April 29 reversed a trial court’s denial of an insurer’s motion to sever and stay a claim alleging violation of the New Jersey Insurance Fair Conduct Act (IFCA) after determining that staying the IFCA claim until after the insured’s claim for underinsured motorist (UIM) benefits is resolved promotes judicial efficiency and protects the interests of both parties.

Md. Supreme Court: Insurer Can’t Moot Embryo Thawing Class Case With $900 Payment

ANNAPOLIS, Md. — Health policies in Maryland, with the exception of policies issued to small employers, must “cover expenses arising from IVF [in vitro fertilization] procedures to the same extent as expenses arising from other pregnancy-related procedures,” a divided Maryland Supreme Court ruled, affirming an appellate panel’s reinstatement of putative class claims by insureds seeking coverage for embryo thawing and agreeing that a class case can’t be mooted by reimbursing the insureds after the complaint was filed and before class certification was sought.

U.S. High Court Hears Arguments On Judicial Review Of TPS Revocation

WASHINGTON, D.C. — No judicial review of the U.S. Department of Homeland Security’s decision to terminate the temporary protected status (TPS) for Syria and Haiti is permitted under the Immigration and Nationality Act (INA), the U.S. solicitor general told the U.S. Supreme Court April 29 during oral arguments in two putative class cases consolidated by the high court after it treated the government’s applications to stay orders postponing the TPS terminations as petitions for writ of certiorari before judgment and granted them.

9th Circuit Affirms Dismissal Of Class Suit Against Meta Over Facebook Content

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on April 28 affirmed a lower court ruling dismissing a putative class action suit against Meta Platforms Inc. alleging that anti-Rohingya content on Facebook incited violence against the plaintiffs and their villages in Myanmar and that Meta breached its duty of care to avoid injury to others, finding that Section 230 of the Communications Decency Act barred the plaintiffs’ claims because the content at issue was third-party content.

Judge Remands Smoker’s Suit Against Tobacco Companies, Local Retailers

SPRINGFIELD, Mass. — A Massachusetts federal judge on April 28 remanded a lawsuit filed by a 58-year-old smoker with lung cancer against three tobacco companies and two retailers to state court, finding the tobacco defendants failed to establish fraudulent joinder of one of the retailers and that the plaintiff’s misidentification of the retailer in the pleadings was an “excusable misnomer.”

Purdue Pharma Sentenced In Criminal Case Stemming From Role In Opioid Crisis

NEWARK, N.J. — A New Jersey federal judge on April 28 sentenced Purdue Pharma LP in its criminal proceeding, ordering the OxyContin manufacturer to pay a criminal fine of $3.544 billion and an additional $2 billion in criminal forfeiture to end criminal proceedings five years after the drug maker pleaded guilty to three felony offenses relating to its role in the opioid epidemic.

LATEST NEWS

Split 11th Circuit Revives ‘Alligator Alcatraz,’ Says APA, NEPA Claims Won’t Stick
PFAS Protective Order Sets Protocol For Confidentiality, Use Of Generative AI
Judge Partially Excludes Plaintiffs’ Expert In PFAS Class Action Against DuPont
Dead Woman’s Insurance Suit Axed By Texas Federal Judge For Lack Of Jurisdiction
Maker Of Cosmetics Ingredients Files Chapter 11 Petition, Reorganization Plan
Federal Courts Dismiss 2 In Series Of Cases Alleging Fraud In NSA IDR Claims
Optimization Patent Claims Abstract, Appeals Court Says, Narrowing LG Trial Loss
High Court Hears Arguments On Induced Infringement In ‘Skinny-Label’ Suits
Tate Brothers’ Lawsuit Against Meta For Social Media Bans Dismissed By Judge
Magistrate Judge Won’t Disqualify Chinese Law Firm’s Counsel In Attorney Fee Case
Dismissal Denied In FTC Suit Over Alleged Violations Of Ticketmaster Purchase Limits
Judge Denies Reconsideration Of Claim Over One Misstatement In Stock-Drop Suit
Judge Allows Claims Expert, Limits Forensic Accountant In Case Against Insurer
Families: OpenAI, Sam Altman Ignored Warnings Leading Up To School Shooting
Maryland High Court Rejects Duty Element In Bystander Asbestos Case
Trial Court Erred In Refusing To Sever N.J. Statutory Claim, Panel Says
Respondents To High Court: There Is No ERISA Estoppel Split To Review
Judge Reprimands Former U.S. Attorney For ‘Particularly Odious’ AI Conduct
Plaintiff Says It Was Unaware Properties Not Insured Before $1.1M Hurricane Damage
Mass Tort Cases For Drugs, Medical Devices
Insulin Pump Manufacturer Wins Bid To Dismiss Negligence, Wrongful Death Suit
Md. Supreme Court: Insurer Can’t Moot Embryo Thawing Class Case With $900 Payment
Lilly, Amicus Filers Tell High Court Review Of False Claims Judgment Is Needed
U.S. High Court Hears Arguments On Judicial Review Of TPS Revocation
Judge Approves Settlements For 119 Minors in Hawaii Naval Base Jet Fuel Spill Case
Exiting Post-Gazette Publisher Wants Review Of NLRB Decision In Labor Dispute
Asbestos Claimants Denied Rehearing Of 4th Circuit’s Automatic Stay Ruling
JPMDL Sets Date To Consider Whether To Centralize Defective Spinal Cord Device Cases
$14M Settlement Approved In Medical Patient Data Breach Class Action
Doctor Sued For Mailing Abortion-Inducing Drugs Into Texas Urges Dismissal