Tribunal Dismisses Mining Company’s $315M Claim Against Mexico
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on June 16 published a tribunal’s award dismissing a $315 million North American Free Trade Agreement (NAFTA) claim brought by a mining investor against the United Mexican States for failing to stop a mining cooperative from blockading and seizing silver and zinc mines in which it had invested and ordering the claimant to pay Mexico roughly $1 million in attorney fees, arbitration costs and expenses.
Judge OKs Stipulated Class Certification In ERISA Suits Over Fees, Funds
NEW YORK — Pursuant to joint stipulations, a New York federal judge on June 16 certified mandatory classes as to the remaining claims in two related long-running Employee Retirement Income Security Act cases that generally allege imprudent management of New York University (NYU) retirement plans.
Haitian TPS Holders Move To Dismiss U.S. Petition In Revocation Class Case
WASHINGTON, D.C. — The U.S. Supreme Court should dismiss as improvidently granted a petition for a writ of certiorari that was filed by federal government parties after a federal court in the District of Columbia stayed the U.S. Department of Homeland Security’s (DHS) decision to terminate the temporary protected status (TPS) for Haiti, Haitian TPS holders argue in a June 16 motion filed in their own case and also docketed in a consolidated case concerning DHS’s decision to terminate the TPS for Syria.
4th Circuit Vacates Class Certification In Brewery Workers’ Pay Case
RICHMOND, Va. — A federal court in Virginia “committed legal error” and “erroneously ignored the directive of our binding Bojangles [Stafford v. Bojangles’ Restaurants, Inc.] precedent” when it determined that a proposed class of Anheuser-Busch LLC employees who allege they were not paid for pre- and post-shift activities met Federal Rule of Civil Procedure 23’s commonality and predominance requirements, a Fourth Circuit U.S. Court of Appeals panel ruled, finding “significant variation in the” employees’ work.
Judge Dismisses Parent Companies But Says Opioid Case Against PBMs Can Move Forward
JACKSON, Miss. — A Mississippi federal judge agreed to dismiss nine entities from a lawsuit filed by Mississippi that alleges that various pharmacy benefit managers (PBMs) and their parent companies contributed to the opioid epidemic in the state, finding that “the state has not explained how each Defendant’s actions contributed to the injury in Mississippi.”
Lilly, Medical Centers File Stipulation Of Dismissal In Compounded Drug Row
SEATTLE — Eli Lilly and Co., two medical centers and two of their physicians who prescribe patients compounded versions of tirzepatide, a U.S. Food and Drug Administration-approved drug for diabetes and weight loss, on June 15 filed a joint stipulation of dismissal after a Washington federal judge again refused to approve a sealed consent judgment and settlement agreement.
U.S. Supreme Court Denies Macy’s Petition In Lockout Dispute With NLRB, Union
WASHINGTON, D.C. — The U.S. Supreme Court on June 15 denied a petition for writ of certiorari filed by Macy’s Inc. in which it sought review of whether neutral practices can be “inherently destructive” under the National Labor Relations Act (NLRA) and whether the National Labor Relations Board could require compensation for worker financial harms in a long-running collective bargaining dispute with the board and the union representing groups of locked-out employees.
Judge Dismisses U.K. Citizens’ Class Suit Over Deceptive Online Discount Finder
SAN FRANCISCO — A California federal judge on June 15 dismissed with prejudice a putative class action filed by citizens of the United Kingdom against two companies that own and operate the “Honey” discount-finding browser extension for violation of California’s unfair competition law (UCL) and other laws, writing that their claims are flawed and that they cannot seek restitution because Honey’s commission agreements were lawful.
No Error In PTAB Construction Of Dispenser Patent Claims, Federal Circuit Finds
WASHINGTON, D.C. — The Patent Trial and Appeal Board (PTAB) correctly construed a disputed claim phrase in a patent describing a dispensing system for certain adhesive medical materials, a Federal Circuit U.S. Court of Appeals panel said in a June 15 opinion that affirmed PTAB’s finding that the asserted claims of the patent at issue were unpatentable as obvious in view of prior art.
Pa. Supreme Court: Software Enabled Game Terminals Qualify As Slot Machines
HARRISBURG, Pa. — Reversing lower court rulings in consolidated appeals, the Pennsylvania Supreme Court on June 15 held that software-enabled Pennsylvania skill devices are considered slot machines and are therefore subject to both the Pennsylvania Gaming Act and the Crimes Code.
Arguing Lack Of Notice, LTD Claimant Asks 7th Circuit To Revive His Lawsuit
CHICAGO — Asking the Seventh Circuit U.S. Court of Appeals to reverse a decision that upheld termination of his long-term disability (LTD) benefits under a “regular care of a physician” requirement, a former Whole Foods worker argues in his June 15 opening brief that the trial court was wrong both in concluding that the insurer cited the requirement during his administrative appeal and in ruling that under de novo review it could consider the requirement even if the insurer hadn’t cited it in the administrative appeal.