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Union, 2 Nonprofits Sue President, OMB Over Government Efficiency Department

WASHINGTON, D.C. — Shortly after the inauguration on Jan. 20, Donald J. Trump and the Office of Management and Budget (OMB) were sued in a federal court in the District of Columbia by a government employees union and two nonprofits that allege that the formation of the Department of Government Efficiency (DOGE) violates the Federal Advisory Committee Act (FACA).

Latest Parity Act Rules Are Focus Of Lawsuit Against DOL, Other Agencies

WASHINGTON, D.C. — The ERISA Industry Committee (ERIC) on Jan. 17 sued three U.S. agencies in a District of Columbia federal court over Mental Health Parity and Addiction Equity Act (MHPAEA or Parity Act) final rules released in September, which it argues upend “the regulatory and compliance framework that has evolved over decades pursuant to the limits established by Congress” and impose “entirely new, ambiguous requirements.”

Argument Set For Hawaii Supreme Court Case On Wildfire Settlement Subrogation

HONOLULU — An amicus curiae group called the “Consolidated Class Plaintiffs” will take part in Feb. 6 oral argument after the Hawaii Supreme Court expanded the time allotted in the case concerning reserved questions on how the subrogation rights of property and casualty insurance carriers bear on a proposed global settlement of claims related to the August 2023 Maui wildfires; additionally, a pending opposed motion seeks to stay a lower court’s allocation proceeding.

Supreme Court Says Law Banning TikTok Does Not Violate 1st Amendment Rights

WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 17 held that provisions of the Protecting Americans from Foreign Adversary Controlled Applications Act do not violate the First Amendment rights of petitioners TikTok Inc. and Tik Tok creators and a nonprofit seeking to stop the enforcement of the law that promises to ban the social network on Jan. 19 absent a corporate ownership change, finding that the act’s challenged provisions “further an important Government interest unrelated to the suppression of free expression and do not burden substantially more speech than necessary to further that interest.”

Michigan Jury Awards $133,000 To Employee Fired For Refusing COVID-19 Vaccination

DETROIT — A Michigan federal jury on Jan. 16 awarded $133,000 to a former employee of a resort after determining that his refusal to take the COVID-19 vaccine was based on a sincerely held religious belief and that the resort failed to prove that accommodating the employee’s religious beliefs would have caused it to suffer an undue hardship.

$4.95M Class Settlement Gets Preliminary OK In ERISA Tobacco Surcharge Suit

SPRINGFIELD, Mo. — A Missouri federal judge on Jan. 16 granted preliminary approval to a $4.95 million class settlement proposed in a suit that was filed months before a recent wave of similar Employee Retirement Income Security Act challenges to health plans’ tobacco surcharges.

2nd Circuit: Judge Erred In Similarity Analysis In Nut Trade Dress Fight

NEW YORK — A Second Circuit U.S. Court of Appeals panel on Jan. 16 reversed a New York federal judge’s dismissal of a trade dress infringement dispute between competing nut companies, holding that the plaintiff company adequately alleged the possibility of confusion between the packaging of the companies’ respective pistachio products.

Panel Affirms Ruling In Insurers’ Indemnification Dispute Over $1M Appeal Bond

RICHMOND, Va. —The Fourth Circuit U.S. Court of Appeals affirmed a lower federal court’s grant of summary judgment in favor of a plaintiff insurer alleging a defendant insurer breached their indemnity agreement for a $1 million appeal bond, rejecting the defendant insurer’s argument that it has no duty to indemnify under the equitable estoppel theory.

Abandoned Wells, Groundwater Case Is Valid Based On Fraud Allegation, Judge Says

DENVER — A federal judge in Colorado has denied two motions to dismiss a lawsuit over abandoned hydraulic fracturing wells that the plaintiffs contend pose a threat to human health and have the potential to contaminate groundwater, ruling that the plaintiffs have “sufficiently alleged fraud with particularity” against the company and its principals.

DOL Issues Long-Awaited ‘Adequate Consideration’ Proposed Regulation For ESOPs

WASHINGTON, D.C. — The U.S. Department of Labor (DOL) on Jan. 16 released a long-awaited revised proposed regulation and a proposed class exemption on an Employee Retirement Income Security Act of 1974 issue that has seen significant litigation — employee stock ownership plan (ESOP) transactions.

Magistrate Judge Won’t Condition Talc Suit Dismissal On Expert Discovery

NEW YORK — A man is free to sue whomever he wants, and because dismissal with prejudice precludes any future litigation on the claims, the talc defendant will not suffer any prejudice and is not entitled to discovery into an expert on whom the plaintiff no longer relies, a federal magistrate judge in New York said Jan. 15 in recommending that the court grant the motion.

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Union, 2 Nonprofits Sue President, OMB Over Government Efficiency Department
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Latest Parity Act Rules Are Focus Of Lawsuit Against DOL, Other Agencies
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Building Owner Appeals Attorney Fee Award In Coverage Suit Over Structural Damage
New DOJ Final Rule Prohibits Certain Data Transactions With ‘Countries Of Concern’
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Judge Tosses Insurer’s Claims Against Condo Corp. For Lack Of Personal Jurisdiction
MOVEit Data Breach MDL Plaintiffs Oppose Review Of Dismissal Denial
SBA Within Statutory Authority To Set Corporate Limits On PPP Loan Disbursements
Judge Rules On What Experts Can Testify To In Suit Over Prisoner Searches
5th Circuit Vacates Attorney Fees In Soccer Business Sale Dispute For Segregation
Idaho Supreme Court Rules On Towing Dispute, Reverses Attorney Fee Reduction
Judge: Injuries Not Caused By ‘Occurrence,’ No Homeowners Insurance Coverage Owed
10th Circuit Tosses Appeal Of Tax Court Ruling On Purported Microcaptive
Judge Dismisses Class Action Alleging Insurer Violated Insureds’ Right To Privacy
Excess Insurers Dismissed From Suit Over Sexual Abuse Claims Against Foster Home
MOVEit Data Breach MDL Plaintiffs Oppose Review Of Dismissal Denial
Investment Adviser Sues Insurers For Breach Of Contract In Delaware Court
Declaratory Judgment Suit Focuses On Reinsurance, Legionnaires’ Disease Claims
Cosmetics Company Ben Nye Says No Error In Confirmation Of Reorganization Plan
Opioid Plaintiff Says PBMs Unlikely To Win Privilege Order Row On Appeal
8th Circuit: Floor Plans Don’t Infringe On Home Designer’s Copyright
Former Detainee Agues No Circuit Split Exists On Standing, Class Service Award
Argument Set For Hawaii Supreme Court Case On Wildfire Settlement Subrogation
Supreme Court Says Law Banning TikTok Does Not Violate 1st Amendment Rights