Woman Amends Class Complaint Involving ‘Nature’s Ozempic’ After Dismissal Motion
LOS ANGELES — A woman seeking to represent nationwide and California classes of purchasers on Sept. 24 amended her complaint against Veracity Wellness Inc. that alleges that the company deceptively markets its Metabolism Ignite dietary supplement as “Nature’s Ozempic” and as a natural alternative to prescription weight-loss drugs, asserting claims for violation of California’s unfair competition law and other laws.
Panel: Judge Correctly Found Pollution Liability Insurer Has No Duty To Defend
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Sept. 24 affirmed a district court’s ruling that a pollution liability insurer has no duty to defend its insured against underlying suits stemming from the insured’s environmental remediation work, agreeing with the lower court that the pollution conditions at issue were not unexpected or unintended as required by the policies.
Split D.C. Circuit: Copyright Royalty Board Didn’t Fully Explain Sports Royalties
WASHINGTON, D.C. — A partly split District of Columbia Circuit U.S. Court of Appeals panel vacated the Copyright Royalty Board’s allocation of royalties related to the retransmission of copyrighted sporting events between 2014 and 2017, finding that even though the board evaluated its valuation methods, it never explained how it combined the results to reach the final allocation percentages (Office of the Commissioner of Baseball, et al. v. Librarian of Congress, et al., No. 24-1259, Public Broadcasting Service v. Copyright Royalty Board, et al., No. 24-1260, D.C. Cir., 2026 U.S. App. LEXIS 29071).
Judgment Issued In Policy Rescission Suit Over ‘Material Misrepresentations’
BROOKLYN, N.Y. — After a commercial general liability insurer accepted its insured’s offer of judgment, a New York federal judge on Sept. 23 entered a declaratory judgment resolving the insurer’s suit seeking policy rescission and a declaration that it owes no duty to defend or indemnify in any underlying litigation related to the construction of sidewalk sheds due to purported misrepresentations in insurance applications; the judgment ended the insurer’s obligation to defend the insured in specific underlying litigation or any other action, rescinded the policies and declared them void ab initio.
Idaho Supreme Court Warns Of AI Dangers After Briefing Issue
BOISE, Idaho — The Idaho Supreme Court warned that litigants’ reliance on artificial intelligence is “fraught with potential peril” while ultimately declining to impose any sanction on a pro se litigant and affirming a $1,176,000 defamation judgment.
Amici Tell High Court Massachusetts Let Estate ‘Evade’ Preemption To Win $64M
WASHINGTON, D.C. — Several parties, including other tobacco companies, on Sept. 23 filed amicus curiae briefs to the U.S. Supreme Court urging it to grant a petition for a writ of certiorari filed by Philip Morris USA Inc. (PM), which seeks review of a Massachusetts Supreme Judicial Court ruling upholding a more than $64 million judgment against it in favor of a smoker’s estate, which the amici say exemplifies the “recurring issue” of courts allowing plaintiffs to “evade” the preemption provision of the Federal Cigarette Labeling and Advertising Act (FCLAA).
$8.95M Deal Gets Initial OK In Case That Is Part Of Tobacco Surcharge Wave
CHICAGO — One of the cases in a wave of tobacco surcharge challenges would be resolved for $8.95 million under a class settlement an Illinois federal judge has granted preliminary approval.
CNN, MS NOW, POLITICO, Reporters Allege Violations Of TRO In White House Suit
WASHINGTON, D.C. — CNN, MS NOW and POLITICO and three of their reporters on Sept. 24 filed a notice in a District of Columbia federal court asserting that President Donald J. Trump’s administration officials violated a federal judge’s earlier order the same day granting the plaintiffs’ motion for a temporary restraining order (TRO) requiring the reinstatement of their White House press credentials by defendants other than Trump.
DOJ Argues Against Restored Access In White House Ban Of CNN, MS NOW, POLITICO
WASHINGTON, D.C. — Arguing in favor of a ban on White House access due to an alleged “threat” to national security because CNN, MS NOW and POLITICO failed to “maintain basic minimum” professional standards, including their purported publication of classified information, the U.S. Department of Justice on Sept. 22 filed a brief opposing the news outlets’ request for a temporary restraining order (TRO) seeking to stop the defendants from taking further action to implement the ban and to immediately restore their press credentials.
5th Circuit Majority Revives Ex-University Police Detective’s Retaliation Suit
NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals majority held that factual disputes over the suspension and investigation of a former West Texas A&M University (WTAMU) police detective need to be decided by a jury in reversing and remanding a Texas federal judge’s summary judgment ruling that the officer failed to establish a prima facie case for retaliation pursuant to Title VII of the Civil Rights Act.
False Claims Suit Over Adulterated Infant Formula Dismissed After $385M Settlement
GRAND RAPIDS, Mich. — A federal judge in Michigan on Sept. 22 issued a final order closing a False Claims Act lawsuit alleging that Abbott Laboratories “made and sold substandard, adulterated, and non-compliant infant formula and nutritional therapy products for distribution to Federal Payer Programs and Private Payers, and submitted false claims for payment to the federal government” after the parties filed a joint stipulation of dismissal indicating that Abbott has agreed to pay $384,999,040.12 to resolve the qui tam lawsuit, as well as intervenor complaints filed by the United States and various states.