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3rd Circuit Affirms Dismissal Of FCA Retaliation Claim Against Device Maker

PHILADELPHIA — The Third Circuit U.S. Court of Appeals affirmed a lower court’s dismissal of a former employee’s False Claims Act (FCA) retaliation suit against the medical device company that terminated his employment, finding that the operative complaint failed to allege that the former employee held the belief that the employer submitted or would submit fraudulent claims to the government for payment.

Disclosure Statement Hearing Set For Expedited Uniroyal Chapter 11 Bankruptcy

NEWARK, N.J. — Just days after Uniroyal Holding Inc. and an affiliate filed voluntary petitions for Chapter 11 bankruptcy, citing more than 35,000 pending asbestos injury cases, a federal bankruptcy judge in New Jersey on Aug. 4 scheduled a hearing for Sept. 10 to consider the company’s disclosure statement.

Generic Lidocaine Patch Would Not Infringe Appellants’ Patents, Federal Circuit Agrees

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Aug. 4 affirmed a Florida federal judge’s final judgment of noninfringement in a patent dispute over a generic lidocaine patch because intrinsic evidence showed that the accused patch did not use a claimed dissolving agent.

1st Covidien MDL Bellwether Trial Ends With $88 Million Jury Award

BOSTON — A Massachusetts federal jury on Aug. 4 awarded a man and his wife $88 million in the first bellwether case from the multidistrict litigation involving Covidien hernia mesh to go to trial, finding that the manufacturer failed to warn him about the danger of the mesh and made false statements about its safety.

D.C. Circuit Vacates COVID Vaccine PREP Act Suit Dismissal As Violating Act

WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals vacated and remanded a lower court ruling dismissing claims for violation of the Public Readiness and Emergency Preparedness Act (PREP Act) in parents’ suit alleging that the COVID-19 vaccine caused the death of their 14-year-old daughter, finding that the PREP Act claims could not be dismissed by a single judge because motions to dismiss willful misconduct claims are statutorily required to be heard by a three-judge court.

7th Circuit Sends Kohl’s Pricing Class Suit To Wisconsin High Court To Resolve

CHICAGO — Finding that no decision in the Wisconsin Supreme Court has addressed whether a plaintiff, “lured by false price comparison advertising into purchasing a product that is worth the purchase price, suffers a pecuniary loss,” a Seventh Circuit U.S. Court of Appeals panel certified a woman’s putative class claims against Kohl’s Corp. and a related entity to the state high court and stayed her appeal of a Wisconsin federal judge’s decision to dismiss her complaint for lack of subject matter jurisdiction.

S.C. Federal Judge Denies Stay As Government Defendants Appeal EPA Grants Ruling

CHARLESTON, S.C. — A federal judge in South Carolina on Aug. 3 denied an emergency motion for a stay pending appeal filed by President Donald J. Trump and several federal officials, agencies and departments over a ruling that the U.S. Environmental Protection Agency’s guidance terminating the Environmental and Climate Justice Block Grant (ECJ) program was unlawful, holding that the federal defendants “have not made a strong showing that they will succeed on the merits” and cannot show irreparable injury.

In 2nd Appeal, Federal Circuit Affirms PTAB’s Denial Of Pfizer’s Amendments

WASHINGTON, D.C. — Considering a patent dispute between Pfizer Inc. and other biopharmaceutical companies for the second time, a Federal Circuit U.S. Court of Appeals panel affirmed a U.S. Patent Trial and Appeal Board (PTAB) finding that Pfizer’s proposed substitute claims for a patent describing pneumococcal vaccine technology would be unpatentable as obvious.

$48M Common Fund Plus Other Relief Proposed In ERISA Class Case

NEWARK, N.J. — The plaintiffs in an Employee Retirement Income Security Act class action that is now centered on allegations of self-dealing and prohibited transactions have asked a New Jersey federal court to grant preliminary approval of a settlement with ADP TotalSource Group Inc. and related parties that would include a $48 million common fund and nonmonetary relief.

Plaintiffs’ Law Firms File Brief In Support Of Keller Postman’s Sanctions Appeal

NEW YORK — Law firms that routinely accept leadership responsibilities in multidistrict litigations filed an amicus curiae brief in support of Keller Postman LLC and Ashley C. Keller, telling the Second Circuit U.S. Court of Appeals that it should reverse sanctions leveled against the firm and its senior partner, who serves as plaintiffs’ co-lead counsel in the acetaminophen autism spectrum disorder-attention deficit hyperactivity disorder (ASD-ADHD) multidistrict litigation, for failing to comply with a protective order.

Delaware High Court Allows Asbestos Trusts To Implement Document Retention Policies

WILMINGTON, Del. — Repeat litigants in asbestos litigation have not identified a sufficiently specific or anticipated claim under which a court can require asbestos bankruptcy trusts to preserve claims data under an equitable bill of discovery, the Delaware Supreme Court said in reversing and remanding for dismissal of the action.

LATEST NEWS

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3rd Circuit Affirms Dismissal Of FCA Retaliation Claim Against Device Maker
Bath Product Producer Files Chapter 11 Petition To Resolve Talc Claims
Federal Judge Grants Summary Judgment To Insureds In Hurricane Ida Dispute
Judge Vacates Status Conference Pending End Of Mediation In Life Policy Payout Row
Magistrate Judge Says Breach Of Contract Suit In Wet Wipes Dispute Is Timely
Settlement Ends Trade Secrets Suit Against Fracking Sand Supplier
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Appellate Panel: No Jurisdiction In Investors’ Suit Against Irish Company
Worker Accepts $200,000 Judgment Offer For Fracking Site Injuries, Bias
Disclosure Statement Hearing Set For Expedited Uniroyal Chapter 11 Bankruptcy
Cancer Patient’s Suit Against Tobacco Companies, Retailers Remanded To State Court
Generic Lidocaine Patch Would Not Infringe Appellants’ Patents, Federal Circuit Agrees
1st Covidien MDL Bellwether Trial Ends With $88 Million Jury Award
Settlement Talks Stay Groups’ Case Challenging DHS Oversight Office Closures
10th Circuit Affirms Dismissal Of Broker’s SEC Rule 17a-8 APA Challenge
Insurer Failed To Show It Did Not Issue Insured’s Auto Policy, Magistrate Judge Says
D.C. Circuit Vacates COVID Vaccine PREP Act Suit Dismissal As Violating Act
PBGC, Terminated Multiemployer Plan Reach Agreement On SFA Application
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Federal Judge Dismisses D&O Coverage Suit Over Credit Card Processing Services
7th Circuit Sends Kohl’s Pricing Class Suit To Wisconsin High Court To Resolve
2nd Circuit Sets Argument In Appeal Concerning Attorney’s LTD Claim
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