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Missouri Appeals Court Finds Expert Wrongly Excluded In Forklift Injury Case

KANSAS CITY, Mo. — A divided Missouri appeals court on April 1 ruled that a trial court erred in finding that testimony from an expert in a forklift injury case was inadmissible and reversed a summary judgment award, but two judges filed dissents, contending that the trial court did not abuse its discretion.

Preliminary Injunction Halts Firing Of Multiple Federal Agency Workers In 20 States

BALTIMORE — The federal government may fire probationary workers en masse if it follows certain laws and regulations, but the actions taken in multiple federal agencies failed to follow such procedures, a federal judge in Maryland ruled April 1, partially granting a motion for a stay and preliminary injunction sought by 20 states.

Judge Rules Tennessee PBM Provisions Preempted As To Self-Funded ERISA Plans

CHATTANOOGA, Tenn. — Concluding that parts of Tennessee law regarding pharmacy benefit managers (PBMs) are “preempted to the extent they purport to govern self-funded [Employee Retirement Income Security Act] plans,” a Tennessee federal judge issued a permanent injunction enjoining Tennessee Department of Commerce and Insurance Commissioner Carter Lawrence from enforcing those provisions against the plaintiff directly or indirectly.

High Court Overturns En Banc 5th Circuit’s Vacatur Of FDA Flavored E-Liquid Bans

WASHINGTON, D.C. — The U.S. Supreme Court on April 2 unanimously reversed the en banc Fifth Circuit U.S. Court of Appeals’ reversal of U.S. Food and Drug Administration bans of certain flavored e-liquids intended for use with e-cigarettes after finding the FDA’s bans were “consistent” with its guidance to manufacturers.  The high court declined to address whether the FDA improperly changed its standards while reviewing manufacturers’ applications for approval and remanded the case for a new “harmless error” review.

Judge Permanently Enjoins Arkansas Law Restricting Minors’ Social Media Access

FAYETTEVILLE, Ark. — An Arkansas federal judge granted summary judgment to an internet trade association in its suit against Arkansas Attorney General Tim Griffin seeking to enjoin enforcement of a state law restricting minors’ access to social media platforms, finding that the act is unconstitutional and violates rights of Arkansas residents under both the First and 14th Amendments to the U.S. Constitution.

Only WARN Act Claims Survive Summary Judgment In Pandemic Hotel Closure Class Suit

NEW YORK — Former employees of a New York City Four Seasons hotel who were furloughed during the coronavirus pandemic may proceed in their class case only with federal and state Worker Adjustment and Retraining Notification (WARN) Act claims against the defendant that was their employer of record, a federal judge in New York ruled, partially granting and partially denying the defendants’ motions for summary judgment.

Union, Groups Challenge Government’s Appeals Court Stay Filing After CFPB Ruling

WASHINGTON, D.C. — The federal government can’t skip over the a trial court and go right to the appellate court requesting a stay after preliminary injunction was granted in a case seeking to halt the dismantling of the Consumer Financial Protection Bureau (CFPB), a union representing federal workers and other groups argue in filings on March 31 and April 1 in both a trial court in the District of Columbia and the District of Columbia Circuit U.S. Court of Appeals.

Texas Federal Judge Vacates FDA’s Final FDCA Regulation Rule On Lab Test Services

SHERMAN, Texas — A final rule by the U.S. Food and Drug Administration that laboratory-developed testing services can be regulated as medical devices under the Federal Food, Drug, and Cosmetic Act (FDCA) exceeds the agency’s statutory authority, a Texas federal judge held March 31 and vacated the rule.

U.S. Bankruptcy Judge In Texas Dismisses Chapter 11 Case Of J&J’s Latest Debtor

HOUSTON — A Texas federal bankruptcy judge on March 31 dismissed the Chapter 11 case of the latest Johnson & Johnson (J&J) spinoff, Red River Talc LLC, after finding that the debtor’s plan of reorganization, which included a $9 billion asbestos trust, cannot be confirmed because voting on the plan cannot be certified due to irregularities and that the plan “contains impermissible nonconsensual third-party releases.”

Federal Judge: No Jurisdiction To Consider Kennedy Assassination Tape Copyrights

DALLAS — A federal judge in Texas on March 31 dismissed a complaint brought by a group that focuses on access to public records against a Texas historical society that owns the copyrights associated with footage showing the assassination of President John F. Kennedy, holding that the group failed to establish that the court has subject matter jurisdiction.

Immigrant Removal Class Seeks Denial Of Government’s Application From High Court

WASHINGTON, D.C. — An application to vacate a temporary restraining order (TRO) and for administrative stay filed by the United States, President Donald J. Trump and other federal government officials and agencies in a class case over the removal of immigrants under the Alien Enemies Act (AEA) should be denied by the U.S. Supreme Court as the TRO is not an appealable order and the federal government has not shown harm, the provisionally certified immigrant class argues in its April 1 opposition.

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Missouri Appeals Court Finds Expert Wrongly Excluded In Forklift Injury Case
Judge Allows Insureds’ ERISA, UCL Claims Against Cigna In AI Claims Denial Case
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Objector To $17.3M Attorney Fees Award Says Class Counsel Committed ‘Malpractice’
3rd Circuit Affirms Ruling Tossing Medicare ‘Fraud’ FCA Suit Against Care Homes
Federal Circuit: PTAB’s Construction Error Meant It Wrongly Found Validity
Insurer Not Liable To Insured Seeking Coverage For Asbestos Liabilities, Federal Judge Says
Preliminary Injunction Halts Firing Of Multiple Federal Agency Workers In 20 States
Federal Judge Denies Remand, Finds ERISA Preempts Disability Benefits Case
Judge Rules Tennessee PBM Provisions Preempted As To Self-Funded ERISA Plans
Judge: Chicago, Former Top Cop Infringed On Reporter’s Protest Video
5th Circuit Says No Additional Coverage Owed For Insured’s Hurricane Damage Claims
High Court Overturns En Banc 5th Circuit’s Vacatur Of FDA Flavored E-Liquid Bans
Attorney Notifies High Court Of 5th Circuit Decision In EPA Air Quality Case
‘Utah Insurers’ Fighting Rehabilitation Bid Win OK To Keep Some Filings Private
Groups Opposing Drilling In San Joaquin Valley Allowed To Amend Complaint
BSA Claimant Not Bound By Insurance Equity Injunction, Federal Judge Affirms
Judge Permanently Enjoins Arkansas Law Restricting Minors’ Social Media Access
Class Says Fracking Companies Conspired To Fix Gas Prices, Violating Antitrust Law
Parties Seeks Dismissal Of 1 Insurer In Coverage Dispute Over Medicaid Fraud Claims
Only WARN Act Claims Survive Summary Judgment In Pandemic Hotel Closure Class Suit
Defendants Push Back On Consolidating Shotgun Shell Asbestos Case
$4M Class Settlement Gets Initial OK In Lawsuit Over ESOP Deal
Majority Affirms Policy Exclusions Bar Coverage For Claims Against Contractor
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