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Panel Affirms Denial Of Shelter’s Anti-SLAPP Defense In Homeless Dog Theft Suit

LOS ANGELES — A California appellate panel on May 16 affirmed a trial court’s denial of an anti-SLAPP (Strategic Lawsuit Against Public Participation) motion filed by the owner of an animal care nonprofit seeking to strike allegations by a deceased homeless man’s daughter who accuses the owner of stealing her father’s dog and later euthanizing it in violation of California’s unfair competition law (UCL), writing that the conduct at issue was not protected speech activity.

CGL Insurer Fails To Support Piercing Of Corporate Veil Claim, 2nd Circuit Affirms

NEW YORK — The Second Circuit U.S. Court of Appeals on May 16 affirmed a lower federal court’s finding that a commercial general liability insurer failed to establish facts supporting its quest to pierce a construction company insured’s corporate veil in connection with its breach of contract lawsuit seeking to hold the insured’s owners and officers liable for the alleged $1,247,950.03 in policy premiums, taxes and fees that the insured failed to pay.

6th Circuit Finds No Abuse Of Discretion In Long COVID LTD Benefits Denial

CINCINNATI — Ruling against a claimant who said in her opening brief that “this appears to be the first ‘Long COVID’ disability case to come before the Court,” the Sixth Circuit U.S. Court of Appeals on May 15 affirmed a judgment upholding denial of her claim for long-term disability (LTD) benefits, concluding that the insurer’s “decision was neither procedurally nor substantively unreasonable.”

Nationwide Injunctions Debated In U.S. High Court In Birthright Citizenship Cases

WASHINGTON, D.C. — The constitutionality of nationwide or universal injunctions was debated before the U.S. Supreme Court in May 15 oral arguments concerning three consolidated applications by the federal government seeking a partial stay of the injunctions halting enforcement of President Donald J. Trump’s Jan. 20 birthright citizenship executive order (EO).

D.C. Circuit Denies Mandamus Petition Filed After DOGE Discovery Orde r

WASHINGTON, D.C. — The District of Columbia U.S. Court of Appeals on May 14 denied a petition for a writ of mandamus filed by U.S. DOGE Service (DOGE or USDS) after a nonprofit’s discovery motion seeking information relevant to whether DOGE has substantial authority independent of President Donald J. Trump was partially granted.

Bankruptcy Judge Asks District Court To Decide If Asbestos Was In Debtor’s Talc

HOUSTON — A Texas federal district court should decide the threshold question of whether any of the talc sold by BMI Oldco Inc. actually contained asbestos, before the talc mining company’s Chapter 11 case can go any further, the U.S. bankruptcy judge overseeing the case said in a May 14 report and recommendation issued sua sponte.

Judgment Granted For Def Con In Defamation Suit Over Cybersecurity Conference Ban

SEATTLE — A Washington federal magistrate judge granted summary judgment to the organizer of the Def Con cybersecurity and hacking conference, Def Con Communications Inc., and its founder, Jeff Moss, in a suit accusing them of defamation related to transparency statements announcing a ban from the conference of a company for alleged violations of the conference code of conduct by its founder, finding that the misconduct implications in the statements “are true and were true at the time of publication, and that truth is a complete defense to a defamation action.”

Health Care Firm’s Data Breach Suit Settlement Provides Up To $5,000 Per Claimant

NASHVILLE, Tenn. — A Tennessee federal judge on May 14 granted an unopposed motion for preliminary approval to the settlement of class claims over a health care provider’s 2023 data security incident, giving an initial thumbs up to an agreement that would provide for payments of up to $5,000 for each claimant in a settlement class he said “is likely to include millions of people.”

Preliminary Injunction Bars Transfer Of Noncitizen Class Under Alien Enemies Act

NEW YORK — A federal judge in New York issued a preliminary injunction order on May 14 in a class case by immigrant detainees currently being held in the Southern District of New York pending their removal from the United States due to a presidential proclamation invoking the Alien Enemies Act (AEA); the order enjoins enforcement of the proclamation, bars the transfer of the named petitioners under the AEA and directs that class counsel be provided information about the class members.

FDA, Diet Drug Maker Win Summary Judgment In Case Against Compounding Pharmacies

FORT WORTH, Texas — A Texas federal judge on May 13 made public his ruling that granted summary judgment to the U.S. Food and Drug Administration and to Eli Lilly and Co. in a dispute filed by companies representing the interests of drug compounders over whether the agency properly determined that the shortage of tirzepatide, a drug for diabetes and weight loss, had ended when it removed the drug from the agency’s drug shortage list.

Immigrants Facing Removal Under AEA Tell High Court Class Relief Is Necessary

WASHINGTON, D.C. — Immigrants facing removal from the United States after the federal government invoked the Alien Enemies Act (AEA) tell the U.S. Supreme Court in a May 14 response to a supplemental memorandum that without “class relief, there will be nothing prevent the government from giving AEA notices to dozens or hundreds more people going forward and then removing them to El Salvador if they do not manage to state their intention to file a habeas petition within 12 hours notice, or file a pro se petition within 24 hours after that.”

LATEST NEWS

1st Circuit Affirms Jury’s $10K Award To Injured Laborer For ADA, Mass. Law Claims
5th Circuit Affirms Dismissal Of Derivatives Suit Against Fracking Company
No Breach Of Contract, Bad Faith In Coverage Suit Over Stolen Art, Panel Affirms
Connecticut Federal Judge Grants Judgment For LLC In Fire Coverage Row With AIG
Judge Says Class Has Plausible Claim Against Costco Related To PFAS In Baby Wipes
CEO Of Spinal Device Company To Plead Guilty To Unlawfully Paying Surgeons
Attorney Fees Motion Deemed Premature After Defense Verdict In Pandemic Policy Case
Panel Affirms Denial Of Shelter’s Anti-SLAPP Defense In Homeless Dog Theft Suit
CGL Insurer Fails To Support Piercing Of Corporate Veil Claim, 2nd Circuit Affirms
Judge Finds More Likely Uses Of AI, Denies Reconsideration
6th Circuit Finds No Abuse Of Discretion In Long COVID LTD Benefits Denial
Meso Claimants, Asbestos Debtor Jointly Drop Appeal Due To Expected Settlement
9th Circuit Denies Rehearing In Discovery Dispute Over Lethal Injection Drugs
Magistrate Grants Discovery Motion In Trademark Row Involving Web-Based Retailers
Judge Tosses Defamation Suit Against Meta, Says Opinions Are Not Defamation
Anthropic Admits Its Claude AI Mangled Cite Used By Expert In Copyright Suit
Supreme Court Sets Timeline For Decision On Federal Officer Removal Case
8th Circuit Affirms Ruling In Insurer’s Favor In Bad Faith Suit Over Storm Damage
Judge Grants DuPont’s Request For Lone Pine Order In PFAS Drinking Water Cases
Class Would Get Up To $6.75M In Proton Beam Row Under Proposed Settlement
Professional Liability Insurer’s Defense Withdrawal Was Not Breach Of Contract
Debtors Seek Judgment In Bankruptcy Dispute Over Deferred Compensation Plans
Man Hurt In Accident Loses Bid To Exclude Defense’s Expert In Texas Crash Suit
Magistrate Judge Finds No Error In Experts’ Disclosures, Testimony Admissible
Nationwide Injunctions Debated In U.S. High Court In Birthright Citizenship Cases
Hospital Indemnity Insurer Did Not Breach Contract Based On Payment To Insured
Federal Judge Grants Preliminary Injunction In ‘Breeze’ Vape Mark Case
Florida Supreme Court Refuses To Review Ruling In Hurricane Irma Appraisal Dispute
Camp Lejeune Plaintiffs Seek Records Of Firm That Worked For Justice Department
D.C. Circuit Denies Mandamus Petition Filed After DOGE Discovery Orde r