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Magistrate Addresses Row Over Documents DOL Gave Plaintiffs Challenging ESOP Deal

DENVER — Ruling that a common interest agreement (CIA) does not protect the U.S. Department of Labor (DOL) from waiving its privileges and protections by sharing investigative materials with plaintiffs challenging an employee stock ownership plan (ESOP) deal, a Colorado federal magistrate judge on Sept. 11 said the plaintiffs gained “access to information they can leverage, use to take shortcuts, and rely upon to circumvent ordinary discovery protocols.”

Jury Hands Monsanto A Win In Pennsylvania Glyphosate Cancer Trial

PHILADELPHIA — A jury in a Pennsylvania state court on Sept. 12 ruled in favor of Monsanto Co. in a trial for damages brought by a man who contended that he developed cancer from exposure to glyphosate, the active ingredient in the herbicide Roundup.

Experts In College Admission Case Challenging Racial Preferences Can Testify

BALTIMORE — Experts retained by an organization that alleges that the U.S. Naval Academy unconstitutionally considers race as a factor in admissions can testify after a federal judge in Maryland largely denied a motion to exclude.

Federal Judge Enjoins Trump Campaign From Further Uses Of Soul Song

ATLANTA — A federal judge in Georgia on Sept. 11 partially granted a motion from the estate of a songwriter and the company that manages his works to bar former President Donald J. Trump and associated entities from using a soul tune from the 1960s at future campaign appearances, but the judge held that the estate and the company are not harmed by videos of the song being used at past campaign stops.

Split Panel Reverses Dismissal Of Hand Sanitizer Suit On ‘Dirty Hands’ Theory

PASADENA, Calif. — A split Ninth Circuit U.S. Court of Appeals panel on Sept. 11 reversed the dismissal of a putative class action against a hand sanitizer maker that advertises its products as capable of killing “99.99% of germs,” with the majority finding that the plaintiff adequately raised an “alternative theory” that the defendant misrepresented the effectiveness of its products under “real-world conditions” in which consumers’ hands may be dirty, greasy or wet.

10th Circuit Reinstates Bias Claims Of Fired Administrator Who Opposed School Play

DENVER — An assistant principal who was fired after citing religious beliefs when disagreeing with a play that was to be put on by students may proceed with his discrimination claims under Title VII of the Civil Rights Act of 1964 and the Colorado Anti-Discrimination Act (CADA), a 10th Circuit U.S. Court of Appeals panel ruled Sept. 10, opining that the former employee “provide[d] a plausible link between his termination and a discriminatory motive.”

Manufacturer Of Embryo Culture Media Wins Dismissal In Suit Over Loss Of Embryos

OAKLAND, Calif. — A California federal judge granted motions to dismiss filed by the manufacturer of embryo culture media and its subsidiary in a case in which a couple alleges that a defective solution that was used in the fertility procedure caused none of their fertilized eggs to survive to the blastocyst stage.

Calif. Federal Judge Awards Metal-On-Metal Hip Implant Maker Summary Judgment

OAKLAND, Calif. — A California federal judge on Sept. 10 granted summary judgment to defendants in a defective metal-on-metal hip implant case remanded from a multidistrict litigation after finding that the man who alleges that he was injured failed to prove causation or that his doctor relied on misrepresentations from the company.

BIPA Violation Suit Did Not Trigger Coverage, Illinois Majority Rules In Reversal

CHICAGO — A majority of an Illinois appeals court panel on Sept. 10 held that an underlying lawsuit alleging that an insured violated the Biometric Information Privacy Act did not trigger coverage under its “Cyber, Data Risk, and Media Insurance” policies, reversing the lower court’s summary judgment ruling in favor of the insured and remanding for the court to enter summary judgment in favor of the insurer on the issue of its duty to defend.

5th Circuit Affirms Ruling In Insurer’s Subrogation Suit On Other Grounds

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Sept. 10 held that an oil well operator is not liable to the excess insurer of an oilfield consultancy, affirming on other grounds a lower federal court’s grant of summary judgment in favor of the oil well operator in the insurer’s subrogation breach of contract lawsuit seeking reimbursement for the $5 million it paid toward the settlement of an underlying injury lawsuit.

Ohio Federal Judge Tosses Trademark Dispute Over Use Of Word ‘Chipotle’

COLUMBUS, Ohio — A federal judge in Ohio dismissed a man’s trademark infringement suit against a food manufacturing company, holding that the company did not infringe the man’s registered trademarks on phrases related to a type of pepper in salsas because the company used the words descriptively without a risk of confusion with the man’s products.

LATEST NEWS

Magistrate Addresses Row Over Documents DOL Gave Plaintiffs Challenging ESOP Deal
Jury Hands Monsanto A Win In Pennsylvania Glyphosate Cancer Trial
Government Seeks Rehearing After Appeals Court Revives AI Image Program Vendor’s Suit
Canada Tells ICSID Climate Change Goals Required It To Block Gas Project
Judge Allows Consumer Suit Alleging ‘Compostable’ Bags, Tableware Contain PFAS
Experts In College Admission Case Challenging Racial Preferences Can Testify
Nevada Federal Judge Dismisses Invalidity Defense In Dispute Over LED Patents
Auto Insurer Must Produce Documents Created Prior To Counteroffer, Judge Says
Federal Judge Enjoins Trump Campaign From Further Uses Of Soul Song
New Disclosures Explain J&J Stock Drop, Not Coincidence, Securities Class Says
Split Panel Reverses Dismissal Of Hand Sanitizer Suit On ‘Dirty Hands’ Theory
EPA, California: High Court Intervention Not Needed In Emissions Standards Case
Judge Won’t Bar Nonprofit From Using Contested Trademark In Economic Report
8th Circuit Grants Rehearing After Reinstating Manager’s Disability Bias Claims
Federal Circuit: GoPro Not Entitled To Summary Judgment In Camera Patent Dispute
Government To U.S. High Court: Let EAJA Fee Denial In ESOP Challenge Stand
Insureds’ Suit Against Homeowners Insurer Remanded; Damages Do Not Exceed $75K
Rehearing Denied After 6th Circuit Reinstates Worker’s Pandemic Bias Claims
11th Circuit Won’t Rehear ERISA Fees, Funds Ruling Rejecting Burden-Shifting
Federal Circuit: Patent Expert Didn’t Need Requisite Skill At Time Of Invention
9th Circuit: Monsanto’s Brief Denying Glyphosate Claims Is Now Officially Filed
11th Circuit: Marvel Did Not Infringe On Artist’s Hero Design
West Virginia Appeals Court Affirms Order Transferring Grandparent Visitation Case
10th Circuit Reinstates Bias Claims Of Fired Administrator Who Opposed School Play
Manufacturer Of Embryo Culture Media Wins Dismissal In Suit Over Loss Of Embryos
Delaware Judge Finds Asbestos Trust Timing Rules Apply, Bar Tort Claim
Calif. Federal Judge Awards Metal-On-Metal Hip Implant Maker Summary Judgment
BIPA Violation Suit Did Not Trigger Coverage, Illinois Majority Rules In Reversal
Magistrate Partially Grants Insured’s Motion To Compel Discovery In Yacht Damage Row
Federal Contractor’s Suit Seeks Refund Of Over $3.5M In Employee Retention Credits