DENVER — A split 10th Circuit U.S. Court of Appeals panel reversed the denial of certification of a class of “Natural American Spirit” (NAS) cigarette smokers in 12 states who in a multidistrict litigation accused three tobacco companies of misleadingly labeling NAS cigarettes “natural” and “additive-free” and affirmed the certification of a class of smokers in eight states who were allegedly deceived by the label on NAS-brand menthol cigarettes, while a dissenting judge said the consumers did not have sufficient proof of their claims.

RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel split in a July 30 ruling as to whether sellers of e-cigarette products have standing to sue North Carolina officials over a new state directory that prohibits sales of products that are not authorized for sale by the Food and Drug Administration, with the majority concluding that vape sellers have standing to sue but affirming that they were unlikely to prevail on their preemption theory.

PHILADELPHIA — Artificial intelligence could facilitate the type of coordinated pricing and collusion resulting in reduced competition, and a proposed class plausibly alleges that casinos shared otherwise nonpublic information about hotel room pricing through such a program and acted in a way they likely would not have otherwise, a Third Circuit U.S. Court of Appeals panel held in reversing dismissal of the putative class action.

ST. LOUIS — An Eighth Circuit U.S. Court of Appeals panel on July 30 unanimously vacated a judge’s ruling enjoining Iowa’s law regulating sales of e-cigarettes and barring sales of certain products without Food and Drug Administration marketing authorization, finding that a vaping advocacy association and five vape companies were not likely to prevail on the merits, but split as to whether the law is preempted, which a judge concurring in the judgment said “requires a far more extensive record” to decide.

ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on July 30 affirmed a lower federal court’s dismissal of a breach of contract and vexatious refusal to pay lawsuit that an insured’s receiver brought against a directors and officers liability insurer in a coverage dispute arising from a defaulted loan, holding that the receiver failed to plausibly allege that two letters that he sent to the insurer constitute a claim under the D&O policy.

ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on July 30 affirmed a lower court’s ruling granting summary judgment to a life insurer in a breach of contract and bad faith suit over the insurer’s failure to pay the death benefits under a $4 million life insurance policy, finding that the policy was void as a stranger-originated life insurance (STOLI) policy because the policy was procured with the intent to benefit persons lacking an insurable interest in the insured’s life under New Jersey law.

SAN FRANCISCO — Applying Platt v. Sodexo, S.A. in a July 30 ruling that one panel member dissented from for two reasons, the Ninth Circuit U.S. Court of Appeals affirmed that a nonseverable arbitration provision is unenforceable because it contains a class, collective and representative action waiver that prevents effective vindication of retirement plan participants’ substantive right under the Employee Retirement Income Security Act.

DENVER — The 10th Circuit U.S. Court of Appeals reversed a lower federal court’s grant of summary judgment in favor of insurers in The Church of Jesus Christ of Latter-Day Saints’ breach of contract and declaratory judgment lawsuit seeking coverage for a negligence action alleging that it failed to take precautions to stop sexual abuse, finding that the policies’ definitions of occurrence are ambiguous and the insured’s interpretation of the policies is reasonable.