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Jury Awards $78M To Couple In Roundup Case; Monsanto Plans Supreme Court Petition

PHILADELPHIA — A jury in Pennsylvania state court has awarded a couple $78 million against Monsanto Co. for injuries related to exposure to glyphosate, the active ingredient in the herbicide Roundup.  In a statement responding to the verdict, which was officially posted to the docket on Oct. 11, Bayer Corp., Monsanto’s parent company, said the verdict “conflicts with the overwhelming weight of scientific evidence” and contended that the claim in the case is preempted by the ruling of the Third Circuit U.S. Court of Appeals in Schaffner v. Monsanto, warranting review by the U.S. Supreme Court.

3rd Party Defendants: ‘Norfolk Southern Alone’ Is Liable For Ohio Train Derailment

YOUNGSTOWN, Ohio — Two of the third-party defendants being sued by Norfolk Southern Corp. over the train derailment in East Palestine, Ohio, that released toxic chemicals into the air and soil have filed a brief in support of a motion for summary judgment on two claims against them, arguing that “Norfolk Southern — and Norfolk Southern alone — is responsible for the derailment it caused and the consequences of its erroneous vent-and-burn decision.”

Government Moves To Enter $311M Consent Decree In Ohio Train Derailment Case

YOUNGSTOWN, Ohio — The U.S. government on Oct. 10 asked a federal court in Ohio to enter a proposed consent decree under which Norfolk Southern Corp. and Norfolk Southern Railway Co. (collectively, Norfolk Southern) agree to pay $311,175,000 to settle claims related to the release of toxic chemicals from the train derailment in East Palestine, Ohio.  The payment includes a $15 million civil penalty, as well as money to improve rail safety and pay for health monitoring in the community.

Change Of Venue To New Jersey Denied For J&J’s 3rd Spinoff Bankruptcy Case

HOUSTON — A Texas federal bankruptcy judge on Oct. 10 denied two requests to transfer the new Chapter 11 case of the latest Johnson & Johnson (J&J) spinoff, Red River Talc LLC, to New Jersey where J&J is headquartered and where its previous Chapter 11 attempts for other spinoffs were litigated and eventually dismissed as bad faith filings.

Doctor, North Carolina A.G. Say All Restrictions On Mifepristone Are Preempted

RICHMOND, Va. — A doctor who sued North Carolina over its laws regulating mifepristone, one of the two drugs prescribed for medication abortions, and the state’s attorney general, who did not object to the doctor’s arguments, on Oct. 10 filed separate opening briefs in the Fourth Circuit U.S. Court of Appeals, urging the appellate court to not only affirm that a district court was correct in holding that certain restrictions on mifepristone are preempted by federal law but also to expand the ruling and find that the restrictions that were upheld are also preempted.

Federal Circuit Vacates Claim Construction, Summary Judgment, Fees In Patent Case

WASHINGTON, D.C. — A federal judge in Nevada erred in construing the claim “automatically detecting” in a patent dispute between two technology companies, the Federal Circuit Court of Appeals said Oct. 10; the panel reversed the entry of summary judgment of noninfringement in the defendant company’s favor and vacated the award of nearly $6.9 million in attorney fees.

Massachusetts Appeals Court Hears Arguments In Asbestos Firms’ Unfair Practices Spat

BOSTON — The Massachusetts Appeals Court heard oral argument Oct. 10 in a case pitting two asbestos plaintiffs’ law firms against each other in a battle over the scope of damages for unfair practices under Massachusetts law and the ownership of client-related databases lawyers took from their former firm during the formation of their new firm.

Judge Makes Tentative Findings In ERISA Row Over Spin-Off, Retirement Benefits

PHILADELPHIA — Following a six-day bench trial in an Employee Retirement Income Security Act class action over corporate restructuring that affected early retirement and optional retirement benefits, a Pennsylvania federal judge on Oct. 10 issued tentative findings of fact regarding liability issues and a related procedural order.

7th Circuit: New Issues On Appeal Doom Claims For Intellectual Property Royalties

CHICAGO — The Seventh Circuit U.S. Court of Appeals affirmed an Indiana federal judge’s dismissal of a breach of contract suit brought by a plaintiff manufacturer who claimed that a defendant manufacturer allegedly failed to pay royalties for a lung-expansion therapy device required by a licensing agreement; the panel noted that the plaintiff company predicated its arguments on appeal on a new theory not raised before the district court.

Marriott To Pay $52M, Improve Security In Data Breach Disputes With FTC, States

WASHINGTON, D.C. — Documents filed Oct. 9 by the Federal Trade Commission and in Massachusetts court announced the settlement of allegations of inadequate cybersecurity by the commission and a group of U.S. states, respectively, against Marriott International Inc. related to a series of data breaches that resulted in hackers obtaining the personally identifiable information (PII) of millions of customers.

GSK To Pay $$2.2 Billion To Settle Majority Of Zantac Cases In United States

LONDON — GSK PLC announced Oct. 9 that it has reached settlement agreements to end approximately 80,000 Zantac (ranitidine) state court product liability cases pending against the pharmaceutical company in the United States.

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