Firm’s Suit Over Lost Engle Case Referrals Was Wrongly Dismissed, Panel Says
TAMPA, Fla. — A Florida appellate panel on May 29 reversed the dismissal of a law firm’s complaint against the widow of an attorney for interfering with a contingency fee agreement by allegedly giving away or selling Engle cases on which the firm claims it was owed compensation, finding the dismissal procedurally improper because it was based on issues outside the complaint.
‘King Of Vape’ Owner’s Defamation Suit Over Newspaper Article Dismissed
FORT MYERS, Fla. — A Florida federal judge on May 29 dismissed with prejudice a defamation lawsuit brought by the owner of a chain of e-cigarette stores in Florida against the company that owns the New York Post and a journalist who wrote an article about him, finding that the plaintiff engaged in “bad-faith tactics” by amending his complaint to avoid the “actual malice” standard for defamation against public figures rather than addressing the court’s prior findings.
Insurer Responds To Company’s Objection To Recommendation In Defense Coverage Case
SHERMAN, Texas — In a May 27 filing, the insurer of an infectious disease lab testing company urged a Texas federal judge to adopt a magistrate judge’s recommendation granting the insurer judgment on the pleadings in a dispute over defense coverage for regulatory claims, arguing that the liability policy clearly limits coverage for such claims and that the limit applies to the company’s defense costs.
Panel: Entirety Of EEOC Proceeding Is Squarely In ‘Heartland’ Of Policy Exclusion
NEW YORK — The Second Circuit U.S. Court of Appeals on May 29 held that the entire charge of discrimination that was filed with the Equal Employment Opportunity Commission against a construction company insured “is squarely in the heartland” of a management liability insurance policy’s sexual and physical abuse exclusion, affirming a federal court’s dismissal of the coverage dispute arising from sexual harassment claims (Joy Construction Corporation v. StarStone Specialty Insurance Company, No. 25-1630, 2nd Cir., 2026 U.S. App. LEXIS 15373).
Panel Sends Case Challenging $7.25B Nationwide Roundup Settlement To MDL
WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) has transferred to the MDL court for Roundup product liability litigation a putative class action that would establish a preliminarily approved nationwide Roundup settlement of up to $7.25 billion after a group of objectors who refer to themselves as the “objector defendants” removed the lawsuit to Missouri federal court and sought its transfer, arguing that the proposed settlement “extinguishes” the claims of current and future plaintiffs.
2nd Circuit Finds Gap’s Challenged Statements Weren’t False Or Misleading
NEW YORK — A Second Circuit U.S. Court of Appeals panel affirmed a lower court’s dismissal of investors’ putative class action against The Gap Inc. and two of its executives, finding that the challenged statements about problems with an inclusive clothing size initiative were not false or misleading.
Judge Orders THC Vape Companies To Correct Labels, Awards $732K In Attorney Fees
LOS ANGELES — A California federal judge on May 28 entered final judgment in favor of a certified class of consumers of Cake-brand vape products containing tetrahydrocannabinol (THC) against two nonappearing companies for violating California’s unfair competition law (UCL) and other laws by mislabeling the THC content of their vapes. The judge ordered the companies to correct their labels and awarded class counsel approximately $850,000 in attorney fees and costs.
2nd Circuit Affirms Judgment For Newsweek In Defamation Suit Over Website Article
NEW YORK — The Second Circuit U.S. Court of Appeals on May 28 affirmed a lower court ruling granting summary judgment in favor of Newsweek Digital LLC in a defamation suit related to publishing a website-based story with a quote describing covering up alleged sexual abuse at The Satanic Temple Inc., finding “that The Satanic Temple failed to establish an issue of triable fact as to Newsweek’s actual malice.”
Hospital Seeking $11.5M Refund For COVID Tax Credit Evades Motion To Dismiss
SPOKANE, Wash. — Finding that a hospital plausibly alleged that it had experienced a partial suspension of its operations during the COVID-19 pandemic due to a government order, a Washington federal judge on May 28 denied the government’s motion to dismiss the hospital’s complaint seeking payment of a tax refund of more than $11.5 million representing employee retention tax credits (ERCs) provided for by the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Monsanto, Consumers Seek Remand Of Roundup Suit With Pending $7.25B Settlement
ST. LOUIS — Removal to federal court of a Missouri state court putative class action where a $7.25 billion nationwide Roundup settlement has been preliminarily approved can’t be done by objectors to the settlement, consumers who filed the lawsuit and Monsanto Co. argue in separate motions to remand filed in the federal court; Monsanto is seeking expedited consideration of its motion.
Split Federal Circuit Finds DTSA Claims Time-Barred For Insulin Pump Dispute
WASHINGTON, D.C. — A partially split Federal Circuit U.S. Court of Appeals panel on May 28 reversed a Massachusetts federal judge’s entry of judgment against defendant-appellants accused of misappropriating trade secrets related to an insulin patch pump, holding that the plaintiff-appellee’s claims were time-barred by the Defend Trade Secrets Act (DTSA).