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Amici Ask Court To Grant Petition In N.J. Row With Kalshi Over Gambling Laws

WASHINGTON, D.C. — Amici curiae on Oct. 8 filed five briefs in support of New Jersey’s petition for a writ of certiorari seeking review of a Third Circuit U.S. Court of Appeals decision that affirmed an injunction against the enforcement of New Jersey gambling laws against KalshiEX LLC, a federally regulated prediction-market exchange that allows customers to buy and sell contracts based on the outcomes of sporting events and other future occurrences, arguing from different perspectives that Congress did not use the Dodd-Frank Act to transfer regulation of sports betting from states and Native American tribes to the Commodity Futures Trading Commission (CFTC).

Litigation Funders Tell High Court New Award Doesn’t Moot Arbitrability Dispute

WASHINGTON, D.C. — Three litigation funders on Oct. 8 filed a supplemental brief telling the U.S. Supreme Court that their petition for a writ of certiorari is not moot, despite a tribunal’s new award declining to exercise jurisdiction over an application for discovery brought against them by a German claims aggregator, and arguing that the court should still grant their petition based on the underlying jurisdictional issue, vacate the Third Circuit U.S. Court of Appeals’ ruling and remand the case.

U.S. Urges Supreme Court To Review Section 11 Disclosure Standard

WASHINGTON, D.C. — In an amicus curiae brief, federal government urged the U.S. Supreme Court to review a Ninth Circuit U.S. Court of Appeals ruling on Section 11(a) of the Securities Act of 1933, arguing that the appellate court erred in finding the materiality of omitted interim financial information to be sufficient without also determining whether the omission caused an affirmative statement to be misleading.

Panel Partly Reverses Punitive Damages Ruling In Coverage Suit Prompted By Hate Mail

WEST PALM BEACH, Fla. — Following the Florida Supreme Court’s determination, in answer to a certified question, that an appeals court erred in its interpretation of Florida Statutes Section 768.72(1) when it refused to allow petitioners to amend their counterclaims to seek punitive damages against a neighbor, his insurer and the insurer’s counsel in a lawsuit arising from “hate mail” letters, the appeals court panel on remand affirmed without discussion the trial court’s order permitting amendment of the counterclaims to seek punitive damages against the neighbor but reversed the lower court’s order allowing amendment of counterclaims against the insurer and the insurer’s counsel.

High Court Petitioners Address Amicus Brief In ERISA Surcharge Case

WASHINGTON, D.C. — Ahead of the Oct. 9 U.S. Supreme Court conference for which their certiorari petition has been distributed, participants in “top hat” deferred compensation and retirement plans filed a response to the government’s amicus curiae brief that said “this case’s idiosyncratic factual context makes it an unsuitable vehicle for clarifying the propriety of surcharge relief” under the Employee Retirement Income Security Act even though the government viewed the challenged decision as erroneous.

Spain Tells D.C. Circuit 6 ICSID Awards Against It Were Wrongly Confirmed

WASHINGTON, D.C. — The Kingdom of Spain on Oct. 7 filed an appellant brief with the District of Columbia Circuit U.S. Court of Appeals in consolidated appeals in which it is challenging the confirmation of six arbitral awards against it, writing that D.C. Circuit precedent regarding its agreement to arbitrate disputes under the Energy Charter Treaty (ECT) with European Union investors is wrong and urging the court to overrule that precedent.

DNC Alleges OMB Diverted $20M In CBP Commemorative Funds For Trump Political Ads

WASHINGTON, D.C. — The Democratic National Committee (DNC) on Oct. 7 sued President Donald J. Trump, the White House Office, the Office of Management and Budget (OMB) and the U.S. Department of Homeland Security (DHS), asserting that in order to pay for political ads, OMB diverted $20 million in commemorative funds appropriated to U.S. Customs and Border Protection (CBP) in violation of the Administrative Procedure Act (APA).

Federal Circuit Panel Rejects Rehearing Bid After Nullifying Jury Patent Ruling

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Oct. 7 rejected a petition for panel rehearing from the Board of Regents of the University of Texas System (UT), leaving in place the panel’s July ruling that a technology company was entitled to a judgment as a matter of law (JMOL) in its favor in a dispute over a patent describing a biodegradable fiber implant.  The ruling reversed a Delaware federal jury’s findings in favor of the patent holder because a prior art patent disclosed every asserted claim of the patent at issue.

9th Circuit Says City, Officials Immune Under PREP Act In COVID Policies Row

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals affirmed a lower court’s dismissal and denial of reconsideration in an employee’s suit against the city of Pasadena, Calif., and specified city officials, alleging harm for the city’s policy requiring unvaccinated employees to complete weekly COVID testing and wear masks in shared spaces, finding that the appellees are immune under the Public Readiness and Emergency Preparedness (PREP) Act.

High Court Hears Arguments In Guam Beach Hazardous Waste Disposal Dispute

WASHINGTON, D.C. — The U.S. Supreme Court heard oral arguments on Oct. 7 in a dispute between the U.S. Air Force and a Guam-based nonprofit over the Air Force’s continued open detonation of hazardous waste munitions at Tarague Beach in Guam, with the parties arguing first about whether the Air Force’s Resource Conservation and Recovery Act (RCRA) permit renewal application for the work is a final agency action subject to review under the Administrative Procedure Act (APA), and second about whether the RCRA displaces the more general environmental review requirement of the National Environmental Policy Act (NEPA).

Judge Grants Preliminary Injunction In Dispute Over Rural Radio Trademarks

PEORIA, Ill. — A federal judge in Illinois granted the Illinois Agricultural Association’s (IAA) motion for a preliminary injunction in its second trademark infringement case against a media group focusing on content for rural listeners, finding that IAA is likely to succeed on its claims that the media group infringed its “RFD” trademarks.

LATEST NEWS

Amici Ask Court To Grant Petition In N.J. Row With Kalshi Over Gambling Laws
Federal Circuit: Patent Applicant Forfeited Arguments On Appeal, Before PTAB
Washington High Court Addresses Loudon In Personal Injury Case
Lab Appeals Federal Judge’s Adoption Of Ruling For Insurer In Coverage Dispute
Litigation Funders Tell High Court New Award Doesn’t Moot Arbitrability Dispute
Judge Stays Suit Attacking FDA’s Tobacco Regulations Pending New Rulemaking
Federal Circuit: Patent Suit Against Google Should Have Been Moved To California
5th Circuit Affirms Judgment Against Company Owner As ERISA Fiduciary
Venezuela’s Creditors Oppose Stay Of $5.8B Oil Shares Auction Appeal
Judge Allows Investor’s Claims Against Platform Operator To Move Forward
6th Circuit Says CEA Does Not Preempt State Sports Event Contract Regulation
Fla. Panel Reverses Verdict On Personal Property Claim, Vacates FIGA Damages Order
Judge Dismisses Town’s Toxic Cables Nuisance Suit Finding No Injury Alleged
Judge Dismisses Student Loan Borrowers’ Claims Against Servicer, Federal Agency
U.S. Urges Supreme Court To Review Section 11 Disclosure Standard
Panel Partly Reverses Punitive Damages Ruling In Coverage Suit Prompted By Hate Mail
Panel Reverses Rulings Denying Vacatur Of Default, Final Judgment In FIGA Row
Judge Approves Settlement With Insurers For Marketing Texts, Calls
Judge Finds Investors Failed To Plead Misstatements, Scienter In Stock-Drop Suit
Judge Denies Summary Judgment On Crypto Investors’ Unregistered Securities Claims
Monsanto Entities, 4 States Settle PCB Litigation For At Least $132.3M
High Court Petitioners Address Amicus Brief In ERISA Surcharge Case
California Woman Files Complaint In Bair Hugger MDL, Says Device Caused Infection
Spain Tells D.C. Circuit 6 ICSID Awards Against It Were Wrongly Confirmed
DNC Alleges OMB Diverted $20M In CBP Commemorative Funds For Trump Political Ads
Insurer Did Not Act In Bad Faith In Handling Hurricane Damage Claim, Judge Says
High Court Denies Cert In COVID-19 Shot, Testing Disputes And Flu Vaccine Case
9th Circuit Bifurcates Jurisdictional Issue In 4 Pipeline Permit Challenges
Federal Circuit Panel Rejects Rehearing Bid After Nullifying Jury Patent Ruling
Insurers Prevail On Motion For Order To Show Cause In Lead-Contaminated Water Suit