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Forfeiture Order Issued In Suit Over Alleged North Korean ‘Cryptocurrency Heist’

WASHINGTON, D.C. — A District of Columbia federal judge on March 11 granted the U.S. government’s motion for default judgment and ordered forfeiture to the government of now-frozen cryptocurrency allegedly stolen by North Korean hackers, finding that the cryptocurrency is considered the proceeds of computer fraud and subject to forfeiture in this case where the government correctly provided notice.

Judge Dismisses Putative Class Action Over Mislabeled Home Depot Christmas Lights

SACRAMENTO, Calif. — A California federal judge on March 11 granted a motion by Home Depot Inc. (HD) to dismiss a putative class action lawsuit against it for allegedly violating California’s unfair competition law (UCL) and other laws by mislabeling its Christmas lights in a manner that a consumer says rendered the products defective.

Former NFL Player Sues Over Denial Of His Claim For Disability Benefits

NORFOLK, Va. — Claiming that his application for total and permanent (T&P) disability benefits didn’t get “a full and fair review” and that “the lasting effects of his injuries . . . render him substantially unable to engage in any occupation or employment for remuneration or profit” under the applicable definition, former National Football League player Aaron R. Rouse sued the NFL Player Disability and Survivor Benefit Plan in a Virginia federal court on March 11 for retroactive and continuing benefits.

Government Asks High Court To Stay Orders Postponing End Of TPS For Syria, Haiti

WASHINGTON, D.C. — The federal government filed two applications with the U.S. Supreme Court asking the justices to stay orders issued in two putative class lawsuits that postpone the termination of temporary protected status (TPS) for individuals from Syria and Haiti; in the latest application filed March 11 and concerning individuals from Haiti, the government argues, referencing earlier rulings by the high court for the government concerning a similar case over Venezuela, that “[l]ower courts should be guided by this Court’s conclusions that the government was likely to succeed on the merits,” but instead “stop-and-start litigation over TPS terminations has become endemic.”

Federal Circuit: Lack Of Algorithm Didn’t Make Patent Claim Indefinite

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on March 11 reversed an Iowa federal judge’s finding that claims of a patent describing a type of crop harvesting tool were invalid as indefinite; the panel held that the patent specification’s reference to a commercially available controller with logic circuitry constituted sufficient corresponding structure without the disclosure of an algorithm.

Aetna Settles FCA Allegations Over Medicare Advantage Diagnosis Codes For $117.7M

PHILADELPHIA — The U.S. Department of Justice on March 11 announced that Aetna Inc. has agreed to pay $117,700,000 to settle a relator’s qui tam suit filed in the U.S. District Court for the Eastern District of Pennsylvania alleging that Aetna and related entities violated the False Claims Act (FCA) by submitting inaccurate diagnosis codes for Aetna members enrolled in its Medicare Advantage plan to increase payments from Medicare.

Filed-Rate Doctrine Bars Class Action Against Allstate, 5th Circuit Affirms

NEW ORLEANS —The Fifth Circuit U.S. Court of Appeals on March 10 affirmed a lower federal court’s grant of summary judgment in favor of an insurer and denial of the plaintiffs’ motion for class certification in their lawsuit alleging that Allstate violated the Texas Insurance Code by charging its longstanding customers higher premiums than new customers for materially identical automobile insurance coverage, agreeing with the lower court that the filed-rate doctrine bars the action because the plaintiffs inherently challenge the reasonableness of the filed insurance rates that were reviewed by the Texas Department of Insurance.

2nd Circuit Vacates Judgment For GEICO In $6.6M No-Fault Row With Acupuncturists

NEW YORK —  The Second Circuit U.S. Court of Appeals on March 10 vacated and remanded a lower court ruling granting GEICO summary judgment on its declaratory judgment, common-law fraud and violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) claims against acupuncture practices and related individuals (collectively, acupuncturists), resulting in a $6,616,142.68 damages award for GEICO, finding that the ruling was based on an inaccurate determination that a health care provider that “improperly buys patient referrals” cannot receive no-fault reimbursements.

Certification Of 1 Subclass In COVID-19 Vaccine Case Against United Upheld

NEW ORLEANS — A partially divided Fifth Circuit U.S. Court of Appeals panel affirmed a trial court’s certification of only one subclass out of several proposed classes and subclasses in a case by workers who accuse United Airlines Inc. of discrimination by failing to provide religious and medical accommodations, finding no abuse of discretion in the certification only of employees who sought an accommodation due to religious beliefs and were accommodated with unpaid leave.

Insureds’ Breach Of Contract Suit Untimely, Magistrate Says In Hurricane Ian Dispute

FORT MYERS, Fla. — A federal magistrate judge in Florida on March 10 granted an insurer’s unopposed motion for summary judgment in its insureds’ breach of contract lawsuit seeking coverage for Hurricane Ian flood damage, holding that the “simple and unforgiving” math indicates that the insureds failed to file their suit within the one-year jurisdictional deadline and failed to submit a sworn proof of loss.

OpenAI Says State Action Should Take Lead In ChatGPT Murder-Suicide Case

SAN FRANCISCO — A woman’s California unfair competition law (UCL) action alleging that interactions with ChatGPT led to a murder-suicide threatens to waste court resources and produce piecemeal litigation duplicative of a recently consolidated state court action, OpenAI entities say in a March 10 motion urging the federal court to dismiss the case or stay it while the state court suit proceeds.

LATEST NEWS

Judge: Jury Will Be Told Asbestos Expert Should Have Preserved Emails
Judge Denies Injunction Over Parallel Arbitrations In $1.3M Dispute
Forfeiture Order Issued In Suit Over Alleged North Korean ‘Cryptocurrency Heist’
Judge Dismisses Putative Class Action Over Mislabeled Home Depot Christmas Lights
Mass. Case Alleging Suturing Device’s Needle Broke During Surgery Moves Forward
Parties Agree To Terms For Selecting Defective Port MDL Bellwether Cases
Magistrate Judge Chooses To Dismiss Insurer’s Action Against Roofing Company
Federal Magistrate Judge Says Insured Failed To Show Entitlement To UIM Benefits
Former NFL Player Sues Over Denial Of His Claim For Disability Benefits
Government Asks High Court To Stay Orders Postponing End Of TPS For Syria, Haiti
J&J: No Need For Surreply On Motion To Exclude Asbestos-Talc Causation Expert
9th Circuit Won’t Rehear Case Against Digital Platform For Misleading Statements
SEC And CFTC Enter Memorandum Of Understanding
Subcontractor Appeals Order Preventing It From Seeking Recovery
Louisiana, Woman Urge Rejection Of Mifepristone Makers’ Motions To Dismiss
Homeowners Insurer’s Transfer Of Venue Not Warranted, Magistrate Judge Says
1st Circuit Affirms Injunction Denial, Attorney Fees In Nurse’s Retaliation Case
Using Collateral Order Doctrine, Split 5th Circuit Vacates Discovery Order
Woman Tells High Court To Reject Petition Mulling Daubert Requirements For Class
Federal Circuit: Lack Of Algorithm Didn’t Make Patent Claim Indefinite
Preliminary Injunction, Certification Granted In Oregon ICE Facility Protest Case
Judge Will Consider MosaicML Dismissal Motion On The Briefs
Aetna Settles FCA Allegations Over Medicare Advantage Diagnosis Codes For $117.7M
Suit Involving Cousin’s Purported Disability Fraud Is Dismissed As Untimely
Indiana High Court: Health Care Providers Immune From Suit In COVID-Related Death
5th Circuit Finds No Error In Lower Court’s Refusal To Consider Expert Affidavit
5th Circuit Affirms In Part Grant Of Summary Judgment, Attorney Fees
7th Circuit: Judge Erred By Finding Jurisdiction In Counterfeiting Row
Judge Rejects Parties’ Stipulation To Dismiss Coverage Suit Over Fatal Shooting
Filed-Rate Doctrine Bars Class Action Against Allstate, 5th Circuit Affirms