Mealey Publications™

TOP STORIES

High Court Hears Arguments On Suits Against Freight Brokers For Negligent Hiring

WASHINGTON, D.C. — The U.S. Supreme Court today heard arguments on whether a common-law action for negligent hiring of a motor carrier or driver by a freight broker is preempted by the Federal Aviation Administration Authorization Act (FAAAA), which preempts state laws related to the services of a broker with respect to the transportation of property but does not restrict the safety regulatory authority of states with respect to motor vehicles.

Jury Says Rescission Justified In Life Insurer Suit Involving Missing Physician

FORT MYERS, Fla. — After a jury returned a verdict finding that a life insurer was entitled to rescind its insured’s $1.4 million policy, a Florida federal judge on March 3 ordered the court clerk to enter judgment in favor of the insurer on the rescission issue and denied the insurer’s request for a declaratory judgment that the insured, a physician who has been missing at sea since Aug. 10, 2022, committed suicide.

Federal Circuit Partly Reverses PTAB Ruling On 3D Imaging Patent

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel delivered a mixed opinion on March 3 in a dispute over a patent that concerns the use of 3D modeling of patient data on augmented reality (AR) headsets, affirming the U.S. Patent Trial and Appeal Board’s (PTAB) decision to reject the appellant’s anticipation arguments but reversing the rejection of obviousness arguments.

Stalking Horse Sale Debated In Talc Company’s New Chapter 11 Case

SYRACUSE, N.Y. — A New York federal bankruptcy court should approve a request by new Chapter 11 debtor Vanderbilt Minerals LLC to allow a stalking horse bidder and bid procedures for the sale of most of the debtor’s assets over the objections of counsel for asbestos claimants and the U.S. trustee so potential bidders have timely information on the sale, the debtor says in a March 4 reply to the objections.

Groups Throw Support Behind Monsanto In Roundup Case At Supreme Court

WASHINGTON, D.C. — Two groups representing agricultural business interests on March 3 filed an amicus curiae brief in the U.S. Supreme Court in support of Monsanto Co. in its case over whether the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) preempts state law failure-to-warn claims based on the content of pesticide product labels related to the herbicide Roundup.  The amici, whose brief is one of many that have been filed in support of Monsanto, argue that “under federal law, Monsanto need not—indeed, must not—include a cancer warning in the labeling of its glyphosate-based products.”

Split 3rd Circuit Affirms Ruling Against Multiemployer Fund Involving Timeliness

PHILADELPHIA — Affirming a decision against a multiemployer pension plan fund in a 2-1 opinion issued March 3, the Third Circuit U.S. Court of Appeals ruled that “timely notice and demand is an element of a withdrawal liability claim, so the existence of this element may be decided by a court sua sponte and without first submitting the matter to an arbitrator.”

1st Circuit Affirms Dismissal Of Boston’s Opioid Suit Against PBMs As Time-Barred

BOSTON — The First Circuit U.S. Court of Appeals affirmed a lower court’s ruling that dismissed Boston’s claims against pharmacy benefit managers (PBMs) for contributing to the opioid epidemic as time-barred and further ruled that the lower court did not err in refusing to disqualify Motley Rice LLC from representing Boston and others in the suit.

New Evidence Revives J&J Spinoff’s Trade Libel Suit Against Talc Study Author

TRENTON, N.J. — A New Jersey federal judge hearing a trade libel case filed by Johnson & Johnson (J&J) spinoff Pecos River Talc LLC against the author of a scientific study on asbestos in talc products has granted the spinoff relief from the judge’s dismissal of the suit and allowed it to amend its complaint after the company presented new evidence.

4th Circuit Affirms Use Of De Novo Review For Untimely LTD Decision

RICHMOND, Va. — Affirming a lower court’s use of the de novo standard of review in a long-term disability (LTD) benefits case because the plan administrator failed to meet a regulatory deadline during the administrative appeal of its initial decision, the Fourth Circuit U.S. Court of Appeals on March 3 upheld a ruling that the appellee is owed past-due benefits because long COVID symptoms have disabled her from working as an engineer.

4th Circuit Backs Trial Court In ERISA Plan Termination Case

RICHMOND, Va. — Concluding in an unpublished opinion that the trial court properly applied the governing principles of the Employee Retirement Income Security Act, “credited evidence where warranted, and rejected claims where the proof fell short,” the Fourth Circuit U.S. Court of Appeals on March 3 affirmed two denials of class certification and two other rulings in a long-running case over termination of a retiree welfare benefits plan that was the subject of consolidated appeals.

Settlement Conference Set After Judgment Granted In Insurance Application Dispute

LAS VEGAS —  A Nevada federal magistrate judge ordered the parties to appear for a settlement conference after a federal judge granted in part and denied in part cross-motions for summary judgment in insureds’ suit seeking coverage for expenses in defending another suit regarding fraud-based claims.

LATEST NEWS

Ohio High Court In Mortgage Case Splits On Retroactive Application Of Class Ban
High Court Hears Arguments On Suits Against Freight Brokers For Negligent Hiring
DOJ Abruptly Seeks Withdrawal Of Dismissal Motion In Cases Over EOs Targeting Firms
10th Circuit: Investors Didn’t Prove DISH’s 5G Network Statements Were False
Reinsurers Transfer Dispute Over Arbitrator Conflict To New York Federal Court
Jury Says Rescission Justified In Life Insurer Suit Involving Missing Physician
Sanofi Gets Interlocutory Appeal For Preemption Question In Taxotere Eye Injury MDL
Federal Circuit Partly Reverses PTAB Ruling On 3D Imaging Patent
Stalking Horse Sale Debated In Talc Company’s New Chapter 11 Case
Immigration Judges Tell U.S. High Court To Deny Speech Policy Dispute Petition
2nd Circuit Affirms Dismissal Of Suit Over Norfolk Southern’s Alleged Misstatements
Groups Throw Support Behind Monsanto In Roundup Case At Supreme Court
Split 3rd Circuit Affirms Ruling Against Multiemployer Fund Involving Timeliness
1st Circuit Affirms Dismissal Of Boston’s Opioid Suit Against PBMs As Time-Barred
English Judge Says Russia Must Pay $50B Oil Awards, But Not $60M In Attorney Fees
New Evidence Revives J&J Spinoff’s Trade Libel Suit Against Talc Study Author
4th Circuit Affirms Use Of De Novo Review For Untimely LTD Decision
Judge: Investors Repackaged Previously Denied Arguments Over Offering Documents
Reinsurance Broker Gets Dismissal Of Most Claims In Brokerage Fee Case
4th Circuit Backs Trial Court In ERISA Plan Termination Case
Professional Liability Insurer Owes No Coverage To Law Firm, N.Y. Justice Rules
Settlement Conference Set After Judgment Granted In Insurance Application Dispute
USDA SNAP Data Request Blocked In Part Over Statutory Limitations
Magistrate Deems Reserve Information ‘Relevant’ In Diocese Sex Abuse Coverage Row
High Court Won’t Review Washington State Bulkhead Construction CWA Permit Dispute
Temporary Restraining Order, Preliminary Injunction Denied In Crop Insurance Case
Ex-CEO Moves To Dismiss Counterclaims, Seeks Judgment In Claims Reserve Dispute
Policy’s Express Contract Exclusion Bars Coverage, Federal Magistrate Says
Groups Revive Case Against Federal Agencies Alleging Arctic Fracking Violations
Premises Endorsement Limits Liability To Injuries That Occurred At Insured’s Tavern