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WILMINGTON, Del. — The manufacturer of Ozempic, Wegovy and Rybelsus on March 9 told a Delaware federal court that it agreed to dismiss all claims against Hims & Hers Health Inc. and Hims Inc. (collectively, Hims) stemming from its marketing and sale of compounded semaglutide for weight loss the same day the parties announced a partnership that will allow the sale of those drugs on the online health care provider’s website.
NEW YORK — The Second Circuit U.S. Court of Appeals issued a mandate denying a motion to stay and related petition for a writ of mandamus challenging lower court proceedings in which a judge denied recusal in qui tam suits alleging that the lab and related parties violated the False Claims Act (FCA) by submitting false claims to government insurers for reimbursement for COVID-19 testing services.
SACRAMENTO, Calif. — A California federal judge on March 9 granted in part and denied in part a pet food company’s motion to dismiss a putative class action against it for allegedly falsely labeling its pet food products as containing no preservatives in violation of California’s unfair competition law (UCL), finding that the plaintiff’s claims in general were sufficient but dismissing her omission-based and punitive damages claims.
SAN FRANCISCO — Perplexity AI Inc.’s artificial intelligence agents are barred from accessing or providing access to protected areas of Amazon.com Services LLC’s store after a federal judge in California granted the retailer’s motion for preliminary injunctive relief on March 9.
WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on March 9 affirmed final written decisions by the U.S. Patent Trial and Appeal Board (PTAB), holding that the board did not abuse its discretion when it held that a technology company forfeited a new antedating argument during inter partes review (IPR) proceedings.
NEW YORK — After two similar putative class actions filed under the Employee Retirement Income Security Act in other jurisdictions were dismissed for lack of standing, a New York federal judge on March 9 ruled that plaintiffs who sued JPMorgan Chase & Co. and related entities over purported mismanagement of a prescription drug program have standing but sufficiently stated only their prohibited transaction claims.
ATLANTA — A Georgia appeals panel reversed a lower court’s $345 million judgment against insurers in a breach of contract lawsuit seeking coverage for a consent judgment that was awarded against a school insured and its teacher who was accused of sexually abusing 20 students between 1974 and 1994, holding that the ongoing mental anguish that resulted from a teacher’s abusive conduct is not covered by insurance policies that were not in effect until decades later.
FORT WORTH, Texas — An outsourcing facility that neither compounds sodium thiosulfate “nor has a facility capable of doing so” lacks standing to challenge a decision by the U.S. Food and Drug Administration to decline to add the drug to a list of bulk drug substances approved for compounding, a Texas federal judge ruled in granting summary judgment to the government (FarmaKeio Outsourcing, LLC v. United States Food And Drug Administration, et al., No. 2401040, N.D. Texas, 2026 U.S. Dist. LEXIS 46434).
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on March 6 affirmed a lower court’s order adopting a report and recommendation to award attorney fees of $479,656.22 to a health care company and related entities in a relator’s qui tam suit against them asserting violations of the False Claims Act (FCA) regarding disputes over the Medicare Recovery Audit Contractor program, finding that the lower court did not abuse its discretion in finding attorney fees “justified” due to the relator’s claims being “frivolous.”
NEW ORLEANS — The Louisiana Supreme Court on March 6 affirmed and remanded to a trial court an appellate court’s denial of an exception of prescription sought by the Louisiana Insurance Guaranty Association (LIGA) as purported guarantor for a now-insolvent insurer in an insurance coverage dispute over purported damages from Hurricane Ida, finding that because the insurer made an unconditional payment on its insureds’ claims, which interrupted the prescriptive period, the insureds’ complaint was timely.
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals affirmed a lower federal court’s ruling that granted subrogee insurers’ motion to dismiss a yacht owner’s petition seeking limitation of liability for damage caused by a fire and explosion under the Limitation of Liability Act, agreeing with insurers that the lower court lacked admiralty jurisdiction over the yacht owner’s claims.