N.Y. Federal Judge Allows Testimony On Calculations In Agreement Breach Case
NEW YORK — That a party in a dispute involving a breach of a manufacturing and supply agreement disagrees with the opinions of an opposing expert witness is not grounds for exclusion under Federal Rule of Evidence 702, a New York federal judge held in denying two motions to exclude expert testimony.
Calif. Asks 9th Circuit To Vacate Pipeline Orders; Federal Agency Says Case Is Moot
SAN FRANCISCO — Attorneys for the state of California and environmental groups asked a panel of the Ninth Circuit U.S. Court of Appeals to vacate orders issued by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) that restarted the Las Flores Pipelines on grounds that the agency lacks jurisdiction, while an attorney for the pipeline company argued that PHMSA has jurisdiction under federal law and an attorney for the federal government said the agency has since issued a new special permit that supersedes the orders the state challenges, rendering the case moot.
Pennsylvania Panel Affirms Denial Of New Trial After Molded Asbestos-Talc Verdict
PITTSBURGH — A Pennsylvania appellate panel affirmed a trial court judge’s denial of a plaintiff-appellant executrix’s request for a new trial, finding no errors in the judge’s decision to mold the verdict to one in favor of Johnson & Johnson entities after a jury held that the company’s products were not the cause of a man’s mesothelioma but still awarded $22 million in damages.
2nd Circuit: Provisions In In Purchase Agreements Prevent Fund’s Liability
NEW YORK — In what it said was an issue of first impression in the circuit, a Second Circuit U.S. Court of Appeals panel determined that the provisions of an investment funds’ agreements to purchase derivatives from Bed Bath & Beyond Inc. (BBBY) that prevented the fund from obtaining more than 9.99% of the retailer’s common stock at one time, known as “blockers,” effectively prevented the investment fund from becoming a 10% beneficial owner subject to short-swing profit liability under Section 16(b) of the Securities Exchange Act of 1934.
6th Circuit: Agreements Unambiguously Gave Furniture Company Rights To Lamp Marks
CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel affirmed a Michigan federal judge’s grant of summary judgment in favor of a furniture company, agreeing with the judge’s determination that a royalty agreement allowed the company to use and own trademarked designs and names related to creations from influential modernist designer George Nelson.
Split 4th Circuit Affirms Injunction In Federal Officers’ DEIA Assignments Case
RICHMOND, Va. — In holding that the due process clause of the Fifth Amendment to the U.S. Constitution “has been construed to require federal government agencies to adhere to their own binding regulations,” a Fourth Circuit U.S. Court of Appeals majority affirmed a federal judge’s partial grant of a motion for preliminary injunction in a lawsuit filed by national security workers alleging that they were wrongly forced to choose resignation or termination because they were in temporary assignments related to diversity, equity, inclusion and accessibility (DEIA).
Appeal Of Order On Silica Exclusion Not Warranted, Federal Judge Says
LOS ANGELES — A California federal judge denied an insurer’s motion for certification for an interlocutory appeal of an order in which the judge found that silica and total pollution exclusions do not bar coverage for underlying silica bodily injury suits filed against an insured after determining that the insurer failed to show that the order presents substantial grounds for a difference of opinion.
Judge Tosses Medicare Fraud Suit Against Staffing Company For Lack Of Jurisdiction
HONOLULU — A Hawaii federal judge on July 7 dismissed without prejudice and without leave to amend a suit filed by UnitedHealthcare Insurance Co. against a staffing company for emergency medicine physicians for alleged Medicare fraud related to submitting a claim through the independent dispute resolution (IDR) process, finding that the court lacks subject matter jurisdiction because United failed to show that the alleged fraud presented a “substantial” federal issue.
Dental Machine Learning Patent Abstract, Federal Circuit Agrees With Judge
WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on July 7 affirmed a California federal judge’s holding that a dental technology plaintiff-appellant company’s patents describing the use of machine learning technology in a dental imaging tool were directed at patent-ineligible abstract concepts.
D.C. Panel Partly Reverses Multiemployer Fund’s Withdrawal Liability Victory
WASHINGTON, D.C. — Weighing in on a separate aspect of the withdrawal liability case that spawned a May 21 ruling from the U.S. Supreme Court, the District of Columbia Circuit U.S. Court of Appeals on July 7 partially reversed and remanded a summary judgment ruling in which a multiemployer pension fund had prevailed on all issues.
High Court Leaves In Place Stay Of Injunctions Blocking Enforcement Of App Law
WASHINGTON, D.C. — The U.S. Supreme Court on July 6 denied applications in two separate cases seeking to vacate the Fifth Circuit U.S. Court of Appeals’ stay of lower court injunctions preventing the enforcement of a Texas state law that requires age verification and parental consent before minors download mobile applications.