3rd Circuit Vacates Certification Of Third-Party Payers Class In Avandia MDL
PHILADELPHIA — The Third Circuit U.S. Court of Appeals on July 21 vacated the certification of a class of third-party payers (TPPs) who paid for prescriptions for Avandia after finding that the statistical evidence presented in the district court to prove that alleged fraud by GlaxoSmithKline LLC (GSK) caused them to pay more for diabetes drug showed proof of correlation but failed to meet the appropriate causation standard.
Homeowners Insurer Was Required To Replace Only Damaged Siding, Judge Says
PHILADELPHIA — A Pennsylvania federal judge granted summary judgment in favor of a homeowners insurer on breach of contract and bad faith claims after determining that the insurer was required to replace only damaged aluminum siding on the insureds’ home as long as it was “substantially similar” to the damaged siding.
ICSID Award Worth $390M Was Timely Enforced Under Local Law, D.C. Circuit Says
WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on July 21 affirmed a $390 million federal court judgment entered after the confirmation of an International Centre for Settlement of Investment Disputes (ICSID) award in favor of airline investors and against the Argentine Republic, writing that the case was timely filed under the District of Columbia’s 12-year statute of limitations.
4th Circuit Affirms Judgment For Employer In FCA Dispute Involving ADA Claims
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals affirmed a lower court’s grant of summary judgment for an employer in a former employee’s suit alleging that she was terminated in violation of the Americans with Disabilities Act (ADA), finding that the former employee failed to show that there is a dispute regarding whether the employer’s stated reason for her termination was a pretext for disability discrimination.
California Panel: Insured’s Failure To Submit To EUO Dooms Coverage Lawsuit
LOS ANGELES — A California appellate panel on July 20 affirmed a lower court’s grant of summary judgment in favor of an insurer in an insured’s breach of contract and breach of the implied covenant of good faith and fair dealing lawsuit seeking coverage for theft by conversion of three African art pieces, agreeing with the lower court that the insured’s refusal to submit to an examination under oath as required by the personal articles insurance policy doomed his lawsuit.
3rd Circuit Affirms Dismissal Of Patent Licensing Dispute Over Contract Terms
PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on July 20 affirmed a Delaware federal judge’s dismissal with prejudice of a breach of contract suit involving a licensing agreement for patented hand sanitizer and other skin-care products; the panel agreed with the judge that the plaintiff-appellant entity never received a required affirmative written communication that would allow it to bring infringement suits regarding the patents.
4th Circuit Remands Mootness Issue Raised By Insurer For 1st Time On Appeal
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on July 20 remanded for the district court to consider a commercial general liability insurer’s argument that its declaratory relief action was rendered moot by the settlement of an underlying lawsuit alleging that a nightclub insured misappropriated professional models’ likenesses and injured their professional reputations by posting their images online without their consent, noting that the question of mootness was raised by the insurer for the first time on appeal.
Judge: D.C. Circuit Petition Filing Stops Review Of New Drug Application Challenge
WASHINGTON, D.C. — A pharmaceutical company’s filing of a petition with the District of Columbia Circuit U.S. Court of Appeals to review the U.S. Food and Drug Administration’s denial of a new drug application (NDA) deprived the district court of jurisdiction to hear the company’s argument that the FDA erred or to consider whether the employee who made the decision was improperly appointed, a federal judge in the District of Columbia held.
Judge Says Record Is Unclear On Whether Water, Vermin Caused Insured’s Damages
SEATTLE — A Washington federal judge on July 20 partially granted an insured’s motion for summary judgment on an insurer’s application of a policy exclusion in a dispute over coverage for water, mold and vermin damage to the insured’s personal items; however, the judge partially denied the motion as it applied to the cause of the damage because the record is not clear as to what actually caused the damage.
6th Circuit Affirms Dismissal Of COVID Rental Assistance Suit For Lack Of Standing
CINCINNATI — The Sixth Circuit U.S. Court of Appeals affirmed dismissal for lack of standing of a landlord’s putative class action that alleged constitutional violations against the city of Detroit for purportedly unlawfully conditioning COVID-19 emergency rental assistance on compliance with the city’s municipal code, finding that the lower court correctly held that the landlord lacked standing because he applied for funding under the state’s control “and the State’s voluntary choice to apply the City’s policies severed the causal chain” between the city and the landlord.
8th Circuit Vacates Class Certification, Orders Dismissal Of Light Trigger Lawsuit
ST. LOUIS — A Missouri gun owner lacks standing to sue over a pistol’s alleged defective features that can cause it to be inadvertently discharged because he admitted he has never experienced that or any other issues, an Eighth Circuit U.S. Court of Appeals panel ruled, vacating a trial court’s class certification order and remanding with instructions to dismiss the case.