NEW YORK — Saying in part that it found no error “in the district court’s decision to assign minimal weight to [the claimant]’s self-reported symptoms and to focus, instead, on the paucity of objective record evidence supporting her claimed inability to work,” the Second Circuit U.S. Court of Appeals issued a March 17 summary order affirming judgment for a long-term disability (LTD) plan administrator that denied a claim that was based on a nurse practitioner’s purported symptoms of long COVID.

ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on March 17 affirmed a federal district court’s grant of a commercial general liability insurer’s motion for judgment on the pleadings in its lawsuit seeking a declaration that it has no duty to defend or indemnify its insured for the appellant’s underlying abuse-of-process claim, holding that a reasonable person in the insured’s position would not think malicious prosecution coverage extended to abuse of process claims.

CINCINNATI — In a 2-1 ruling, the Sixth Circuit U.S. Court of Appeals on March 16 revived two putative class suits contesting the use of decades-old mortality tables in calculating certain pension benefits, with the majority concluding that the Employee Retirement Income Security Act “prohibits employers from using unreasonable, inappropriate actuarial assumptions” when making those calculations.

LOS ANGELES — A California judge granted judgment notwithstanding the verdict on a $950 million punitive damages award against Johnson & Johnson (J&J) in an asbestos-talc case, finding that while the plaintiff family members established causation, they had not demonstrated malicious conduct or that J&J had a duty to disclose, adding that the award was also likely inflated by attorney misconduct.

SAN FRANCISCO — A federal judge in California on March 16 denied Apple Inc.’s motion to dismiss a putative class’s claims for fraudulent concealment and other causes of action in a case alleging that its smartwatch bands contain per- and polyfluoroalkyl substances (PFAS), ruling that the plaintiffs demonstrated standing and adequately pleaded an injury.  The judge granted Apple’s motion to dismiss the plaintiffs’ fraudulent misrepresentation and implied warranty of merchantability claims, however.

WASHINGTON, D.C. — A technology company lacked constitutional standing to bring patent infringement claims against another technology company because a 2006 agreement transferred all rights associated with the patents at issue to a third party, a Federal Circuit U.S. Court of Appeals panel held March 16 in agreeing with a Nevada federal judge.

BOSTON — Finding that physicians’ professional groups and others are likely to prevail in their challenge to the Centers for Disease Control and Prevention’s (CDC) changes to vaccine recommendations and the reconstitution of the Advisory Committee on Immunization Practices (ACIP) as violations of the Administrative Procedure Act (APA), a Massachusetts federal judge on March 16 stayed both a January U.S. Department of Health and Human Services memorandum announcing the reduction of the recommended childhood vaccinations from 17 to 11 and the appointment of 13 new ACIP members.

CHICAGO — Following the Illinois Supreme Court’s determination that a pollution exclusion can apply to exposure to the emissions of ethylene oxide from an insured facility, the Seventh Circuit U.S. Court of Appeals reversed a district court’s ruling in favor of the insureds after determining that the pollution exclusion bars coverage for the claims asserted against them.