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5th Circuit Upholds Louisiana Law Expanding Section 340B Drug-Pricing Program

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Feb. 9 affirmed a lower court’s decision that found that a Louisiana law governing the distribution to contract pharmacies of medication covered under the Section 340B drug price program of the Public Health Service Act is not preempted by federal law and is not unconstitutional.

Tribunal Won’t Suspend Mexican Investors’ NAFTA Claim Despite Negotiations

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Feb. 9 published a tribunal’s order denying two American entities’ request for suspension of their arbitration against the United Mexican States for harming their interest in debt securities worth more than $219 million in violation of the North American Free Trade Agreement (NAFTA), rejecting their argument that the Mexican president is willing to negotiate because Mexico opposed the suspension.

No Infringement Of Patent Affirmed, Despite Wrongful Claim Constructions

WASHINGTON, D.C. — While a Federal Circuit U.S. Court of Appeals panel vacated some of a Massachusetts federal judge’s claim constructions in a patent infringement dispute concerning artificial blood-pumping systems for cardiac patients, the panel held in a Feb. 9 opinion that other correct claim constructions supported the judge’s entry of summary judgment of noninfringement.

9th Circuit: ‘Hatchet Wielding’ Man’s Copyright Claims Fail, Not Defamation Claim

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel largely affirmed the dismissal of a sprawling pro se complaint brought by the subject of a documentary titled “The Hatchet Wielding Hitchhiker,” agreeing with a California federal judge’s finding that the man’s copyright claims failed but also finding that he narrowly established a defamation claim against one defendant-appellee for potentially fabricated claims made in the documentary.

1st Circuit Affirms Dismissal Of Negligence Suit Against Gun Marketplace Company

BOSTON — The First Circuit U.S. Court of Appeals affirmed in part a New Hampshire federal court’s ruling dismissing for lack of personal jurisdiction a former police officer and his wife’s negligence suit against a company that operates an online marketplace for firearms, finding “no basis for disturbing the District Court's purposeful-availment ruling insofar as it does not relate to” additional evidence provided by the couple.

Mold Exposure Coverage Suit Dismissed For Failure To Allege Amount In Controversy

NASHVILLE, Tenn. — A Tennessee federal judge on Feb. 9 dismissed a commercial lines liability insurer’s suit seeking a declaration that no coverage is owed for an underlying suit filed against an insured and stemming from mold exposure because the insurer failed to show that the amount in controversy exceeds $75,000, the federal jurisdictional minimum amount necessary to establish diversity jurisdiction.

5th Circuit Panel Lets Reversal Of Fee Award To NFL Disability Claimant Stand

NEW ORLEANS — In a per curiam order denying panel rehearing issued without explanation, the Fifth Circuit U.S. Court of Appeals let stand its reversal of an award of more than $1.25 million in attorney fees to a former National Football League player who sued for a higher level of disability benefits than he was awarded, prevailed after a bench trial and then saw that favorable ruling reversed in a previous appeal.

Louisiana Panel: Assault And Battery Exclusion Bars Coverage For Shooting Death

NEW ORLEANS — A Louisiana appeals panel held that a commercial general liability insurance policy’s assault and battery exclusion unambiguously bars coverage for a wrongful death lawsuit arising from a fatal shooting that occurred at an apartment that was owned by the insured, affirming a lower court’s grant of summary judgment in favor of the insurer.

New Jersey Appeals Court Disqualifies Beasley Allen From MDL Talc Litigation

ATLANTIC CITY, N.J. — Beasley, Allen, Crow, Methvin, Portis & Miles PC’s knowing collaboration on talc litigation with a former Johnson & Johnson attorney who worked on the same litigation warrants disqualifying the firm from New Jersey’s asbestos-talc multicounty litigation, a state appeals court held in a Feb. 6 opinion reversing a trial court.

Federal Circuit: Judge Rightly Excluded Little Giant Expert For Claim Construction

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel affirmed a Minnesota federal judge’s decision to grant summary judgment of noninfringement in favor of a company accused by Little Giant Ladder Systems LLC; the panel agreed that the accused product did not meet the court’s construction of a claim limitation requiring a “cavity” in a locking mechanism.

Maryland Panel Affirms Rulings In Insurers’ Favor In Suit Arising From Land Dispute

ANNAPOLIS, Md. — Noting that the adage “If at first you don’t succeed, try, try again” does not apply to lawsuits, the Appellate Court of Maryland affirmed both the Maryland Insurance Administration’s (MIA) finding that the appellant was collaterally estopped from relitigating his insurers’ duty to defend him against an underlying land dispute filed against him and his wife by their neighbors and a lower court’s ruling to strike his second amended complaint when he attempted to add civil claims to his petition for judicial review of the MIA’s conclusion.

LATEST NEWS

5th Circuit Upholds Louisiana Law Expanding Section 340B Drug-Pricing Program
Discovery Deadline Extended In Hurricane Coverage Dispute Involving LIGA
LTD Insurer Objects To Order Allowing Discovery On Fiduciary Breach Claim
Tribunal Won’t Suspend Mexican Investors’ NAFTA Claim Despite Negotiations
No Infringement Of Patent Affirmed, Despite Wrongful Claim Constructions
Judge Seeks Explanation For Dozens Of Fake Cites In Tainted Supplement Case
Magistrate Recommends No Intervention In GEICO RICO Fraud Suit Against Physician
Nonprofit Appeals Montana Federal Jury Verdict In Golf Course CWA Dispute
5th Circuit Won’t Rehear Insurers’ Bid To Arbitrate Hurricane Insurance Dispute
Parties To Reinsurance Breach Of Contract Suits Seek Case Reopening
4th Circuit: DEI Executive Orders Preliminary Injunction Is ‘Too Strong’
Mining Company Seeks Annulment Of No-Damages ICSID Award Against Colombia
9th Circuit: ‘Hatchet Wielding’ Man’s Copyright Claims Fail, Not Defamation Claim
1st Circuit Affirms Dismissal Of Negligence Suit Against Gun Marketplace Company
1st Circuit Affirms Discovery, Summary Judgment Rulings In Life Insurance Case
Novo Nordisk Sues Hims For Patent Infringement Over Compounded Semaglutide Sales
Auto Insurer Disputes Coverage For Wrongful Death Suit Against Delivery Driver
AFGE Opposes Final Rule That Transfers Federal Worker RIF Review To OPM
States: Supreme Court Must Review Ruling That Denied Remand Of AFFF Lawsuits
Mold Exposure Coverage Suit Dismissed For Failure To Allege Amount In Controversy
Louisiana Judge Denies Genetic Testing In Asbestos Lung Cancer Case
With Experts, Wrongful Death Questions Unresolved, Judge Continues Talc Trial
Experts Can’t Fill Holes In Take-Home Asbestos Case, California Federal Judge Says
Herbicide Coverage Dispute Will Remain In Delaware, Judge Says In Denying Dismissal
Judge Enters $24.6M Default Judgment In Asbestos-Talc Suit
Plaintiff/Defense Experts Testifying Since Jan. 1, 2002
Appeals Court Affirms Scottish Asbestos Case Can Go Before Jury
Panel Says Insurer’s Directed Verdict In Water Damage Suit Was Properly Denied
Insurer Owes Defense For Underlying Lead Paint Exposure Suit, Judge Says
Talc Class Claims Stricken, Medical Monitoring Claim Dismissed By Judge