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Split 9th Circuit Panel Affirms Injunction Denial In Seattle Uber Ordinance Row

SAN FRANCISCO — A split Ninth Circuit U.S. Court of Appeals panel on March 4 affirmed a lower court’s denial of a motion by Uber Technologies Inc., its subsidiary Portier LLC and Maplebear Inc. (Instacart) for a preliminary injunction to enjoin the enforcement of a Seattle ordinance prohibiting “unwarranted” deactivations of app-based workers’ accounts, finding in part that the ordinance does not regulate speech that is protected by the First Amendment to the U.S. Constitution.

Judge: Polo Association Established Jurisdiction, But Marks Not Famous Enough

NEW YORK — A federal judge in New York dismissed a claim of trademark dilution from a complaint the United States Polo Association Inc. (USPA) brought against an apparel company that the polo association accused of fraudulently obtaining a registered trademark; the judge held March 4 that USPA failed to establish the requisite fame of its marks.

4th Circuit Won’t Rehear Order Staying Virginia Vape Registry Injunction

RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel denied two vape manufacturers’ petition for rehearing or rehearing en banc of the panel’s decision staying a lower court’s ruling enjoining Virginia from enforcing civil penalty provisions of its new tobacco products registry law, which the manufacturers claim will force them to close more than 100 retail locations and leave thousands of employees without work.

Amid Criticism, Judge Gives Initial Approval To $7.25B Roundup Cancer Settlement

ST. LOUIS — Amid concerns raised by some putative class members, a state court judge in Missouri on March 4 granted preliminary approval to a $7.25 billion nationwide Roundup settlement between the putative class and Bayer Corp., Monsanto Co.’s parent company, which would resolve claims alleging that the herbicide causes cancer.

9th Circuit Reverses, Remands Judgment For Government In FCA Crop Insurance Case

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals reversed and remanded a lower court’s grant of summary judgment for the U.S. government in its suit alleging that a wheat farmer defrauded the government and violated the False Claims Act (FCA) by concealing harvested wheat and receiving crop insurance indemnity payments of more than $500,000, finding that issues of fact remain regarding whether the farmer acted with the required scienter under the FCA.

TIAA Gets ERISA Suit Over Cross-Selling Narrowed For Lack Of ‘Class Standing’

NEW YORK — Greatly narrowing a putative class suit in which plaintiffs challenging purported cross-selling done by a third-party service provider have sought to represent participants in thousands of retirement plans, a New York federal judge on March 4 ruled that the plaintiffs “may not attempt to pursue classwide claims for those plans in which they did not participate” because they didn’t show “class standing” as required in the Second Circuit U.S. Court of Appeals.

Scholars, Religious Groups, Dozens Of Other Amici Support Birthright Citizenship

WASHINGTON, D.C. — Race law scholars and faith-based groups filed amicus curiae briefs March 3 and 4 in the U.S. Supreme Court, joining more than three dozen other amici in arguing against a January 2025 executive order (EO) that would end birthright citizenship.

High Court Hears Arguments On Suits Against Freight Brokers For Negligent Hiring

WASHINGTON, D.C. — The U.S. Supreme Court on March 4 heard arguments on whether a common-law action for negligent hiring of a motor carrier or driver by a freight broker is preempted by the Federal Aviation Administration Authorization Act (FAAAA), which preempts state laws related to the services of a broker with respect to the transportation of property but does not restrict the safety regulatory authority of states with respect to motor vehicles.

Jury Says Rescission Justified In Life Insurer Suit Involving Missing Physician

FORT MYERS, Fla. — After a jury returned a verdict finding that a life insurer was entitled to rescind its insured’s $1.4 million policy, a Florida federal judge on March 3 ordered the court clerk to enter judgment in favor of the insurer on the rescission issue and denied the insurer’s request for a declaratory judgment that the insured, a physician who has been missing at sea since Aug. 10, 2022, committed suicide.

Federal Circuit Partly Reverses PTAB Ruling On 3D Imaging Patent

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel delivered a mixed opinion on March 3 in a dispute over a patent that concerns the use of 3D modeling of patient data on augmented reality (AR) headsets, affirming the U.S. Patent Trial and Appeal Board’s (PTAB) decision to reject the appellant’s anticipation arguments but reversing the rejection of obviousness arguments.

Stalking Horse Sale Debated In Talc Company’s New Chapter 11 Case

SYRACUSE, N.Y. — A New York federal bankruptcy court should approve a request by new Chapter 11 debtor Vanderbilt Minerals LLC to allow a stalking horse bidder and bid procedures for the sale of most of the debtor’s assets over the objections of counsel for asbestos claimants and the U.S. trustee so potential bidders have timely information on the sale, the debtor says in a March 4 reply to the objections.

LATEST NEWS

Massachusetts Justice Says Insured’s Primary Policies Must Be Deemed Exhausted
Synthetic Nicotine Pouch Maker Says FDA Treated Its Application Unfairly
Ohio City Says Military Base Contaminated Drinking Water With PFAS In Federal Suit
Split 9th Circuit Panel Affirms Injunction Denial In Seattle Uber Ordinance Row
Father Claims Gemini Encouraged Son’s Delusion, Suicide
Judge: Polo Association Established Jurisdiction, But Marks Not Famous Enough
U.K. Supreme Court Says Spain, Zimbabwe, Waived Immunity From ICSID Awards
Federal Judge Rules For Uber In Coverage Dispute Over 23 Personal Injury Suits
4th Circuit Won’t Rehear Order Staying Virginia Vape Registry Injunction
Amid Criticism, Judge Gives Initial Approval To $7.25B Roundup Cancer Settlement
9th Circuit Reverses, Remands Judgment For Government In FCA Crop Insurance Case
Workday Takes Issue With Discovery Letter, Exhibits In AI Discrimination Case
2nd Circuit Affirms Mixed Ruling In Family’s Pension Plan Dispute
Mass Tort Cases For Drugs, Medical Devices
Discovery Deadline Extended Again In Hurricane Coverage Dispute Involving LIGA
Suit Alleges Santa Cruz County’s Landfill Discharges Violate CWA, Federal Permit
TIAA Gets ERISA Suit Over Cross-Selling Narrowed For Lack Of ‘Class Standing’
Teva Renews Interlocutory Appeal Motion On Preemption In Paragard IUD MDL
FDA Files Supplemental Brief In Row Over Its Rules For Mifepristone Dispensing
Scholars, Religious Groups, Dozens Of Other Amici Support Birthright Citizenship
Business Owner To Seek Rehearing After Grant Bias Class Suit Dismissal Upheld
Attorney Says Faulty Quotes Not AI’s Fault In Valve Patent Troll Trial
Parties Say Other Side In Public Nuisance Opioid Case Gets 4th Circuit Opinion Wrong
Judge: Dispute Remains About How Much Subcontractor’s Actions Impacted Damage
7th Circuit Allows Appeal Of Arbitrability In Canadian Gambling Site Lawsuit
On De Novo Review, LTD Claimant Is Found To Be Physically Disabled
9th Circuit Won’t Revisit Revival Of CERCLA Claims Against Smelter Operator
Group Files CWA Suit Over California Manufacturer’s Stormwater Discharges
9th Circuit: Firm Size Should Not Be Factor In Calculating Unfair Competition Award
Ohio High Court In Mortgage Case Splits On Retroactive Application Of Class Ban