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High Court Asked To Determine If Accountant Is Liable For Company’s Financial Statements

WASHINGTON, D.C. — Investors have filed a petition for a writ of certiorari asking the U.S. Supreme Court to determine whether an accountant is liable under Section 11 of the Securities Act of 1933 for a company’s financial statements; the investors had brought a case against a fuel-cell server manufacturer’s outside accountant, alleging the accountant was liable under the statute.

Judge Says Government May Appeal Rulings In Flint Water FTCA Lawsuit

DETROIT — A federal judge in Michigan has granted the U.S. government permission to file an interlocutory appeal to the Sixth Circuit U.S. Court of Appeals of the lower court’s denial of the government’s motion to dismiss the Flint water crisisFederal Tort Claims Act (FTCA) lawsuit pursuant to the discretionary function exception (DFE) related to sovereign immunity.  The judge also gave the government permission to appeal a separate ruling denying its bid to dismiss the case under the FTCA’s private liability requirement related to what is called the Good Samaritan doctrine, saying that immediate appellate court review is appropriate.

Court Stays Perplexity AI Agent Injunction After 9th Circuit Order

SAN FRANCISCO — An artificial intelligence agent directed to shop at the Amazon.com store isn’t illegally accessing a computer or acting any differently than when an individual uses a web browser to visit the same site, Perplexity AI Inc. told the Ninth Circuit U.S. Court of Appeals in an April 1 opening brief in its challenge to a ruling enjoining the Perplexity AI agent Comet from accessing password-protected areas of the Amazon.com store.

After Bench Trial, Defendants Prevail In Class Action Over ESOP Refinancing

ALBANY, N.Y. — Following a bench trial in the Employee Retirement Income Security Act class action challenging a 2011 refinancing that employee stock ownership plan (ESOP) participants alleged improperly benefited the company’s co-presidents, a Georgia federal judge entered judgment for the defendants on the grounds that “the fraud concealment exception does not apply,” so all the claims were untimely.

Illinois Panel Affirms Dismissal Of Auto Insurer’s Declaratory Judgment Suit

CHICAGO — An Illinois appellate court affirmed a lower court’s dismissal of an insurer’s suit seeking a declaration that it did not owe coverage beyond the $25,000 policy limits to its insured, who was involved in an auto accident, ruling that the lower court was correct in finding that the insurer’s alleged bad faith liability regarding past conduct, which relates to a separate bad faith suit, “was more properly considered in the bad faith action.”

Patent Applicant Explicitly Disclaimed Prior Art Reference, Federal Circuit Agrees

WASHINGTON, D.C. — A Texas federal judge rightly granted summary judgment of noninfringement in favor of defendant-appellee entities accused of infringing a patent describing air purifying technology because the patent applicant explicitly narrowed the scope of patent claims during prosecution history to exclude the type of reflective surfaces present in the accused devices, a Federal Circuit U.S. Court of Appeals panel ruled April 1.

Florida Panel Reverses, Remands In Hurricane Irma Coverage Dispute

WEST PALM BEACH, Fla. — A Florida appeals court panel on April 1 reversed a lower court’s dismissal of a condominium association’s breach of contract lawsuit against an insurer seeking coverage for its property damage that was caused by Hurricane Irma, remanding for the lower court to consider on first instance the insurer’s argument that Florida Statutes Section 95.11(2)(e) operates as a statute of repose and bars the insured’s lawsuit notwithstanding the claims that the insurer intentionally delayed making a coverage determination to postpone the insured’s ability to file suit within the five-year limitations period.

Lilly: Medicare Drug Rebate False Claims Case Should Be Reviewed By High Court

CHICAGO — Eli Lilly & Co. urges the U.S. Supreme Court to review a Seventh Circuit U.S. Court of Appeals decision that affirmed a final judgment of $193 million for a qui tam relator who sued Lilly for reporting falsely deflated drug prices to the government in order to profit off of drug rebate programs, arguing in a petition for a writ of certiorari that the case “vividly illustrates the real-world problems with the . . . qui tam regime” under the False Claims Act (FCA).

Meaning Of Domicile Debated During High Court Birthright Citizenship Arguments

WASHINGTON, D.C. — The U.S. solicitor general and Cecillia D. Wang of the American Civil Liberties Union Foundation debated the meaning and impact of “domicile” before the U.S. Supreme Court on April 1 during oral arguments in a provisionally certified class case challenging a January 2025 executive order (EO) that would end birthright citizenship by requiring at least one parent to be a U.S. citizen or lawful permanent resident.

Ohio Supreme Court Won’t Review Asbestos Summary Judgment Non-Ruling

COLUMBUS, Ohio — The Ohio Supreme Court on March 31 declined to take up a case challenging an appellate court’s conclusion that there was insufficient evidence for it to review an asbestos summary judgment ruling.  The appellant had argued that the Ninth District Ohio Court of Appeals’ tactic of simply ignoring appellate issues has become a problem.

Family Asks Texas Supreme Court For Prompt Resolution Of Asbestosis Causation Case

AUSTIN, Texas — In a letter to the Texas Supreme Court, a family urges the justices to issue an opinion on the proper causation standard in asbestosis cases during the current term, noting that the parties completed merits briefing in January 2025, before any of the other cases on the court’s docket, and that prompt resolution would ensure that an aged man suffering from the disease can have his day in court.

LATEST NEWS

Texas Federal Judge Denies Insurer’s Appraisal Motion In Water Damage Claim Dispute
Federal Judge Adopts Magistrate’s Report As To Express Contract Exclusion
Federal Circuit: PTAB Partly Erred In Consideration Of Tesla-Led IPR
Partly Split 4th Circuit Agrees Earlier Settlement Bars Trademark Claims
Government, Amici File Merits Briefs In High Court’s Geofence Warrant Case
High Court Asked To Determine If Accountant Is Liable For Company’s Financial Statements
2nd Circuit: Reverse Split Of Debt Securities Is Not A Sale Under Securities Act
Insurer Seeks To Rescind Commercial Policies Over ‘Material Misrepresentations’
Claims Against Flood Insurer Dismissed In Hurricane Coverage Row Involving LIGA
Web Tracking Wiretap Case Remanded To State Court For Lack Of Standing
Texas Sues Parties Involved In Container Fire For Air, Groundwater Pollution
8th Circuit Affirms Fee Award In Toy Company, Manufacturer Contract Dispute
Ala. Federal Judge Upholds Most Of $3.6M Jury Award In Fired Motel Worker’s Suit
Judge Says Government May Appeal Rulings In Flint Water FTCA Lawsuit
Data Breach Suit Dismissed, But Some Claims Ordered For Arbitration Resolution
Court Stays Perplexity AI Agent Injunction After 9th Circuit Order
Judge: Insured’s Failure To Comply With SFIP ‘Dooms’ Hurricane Irma Claim
Court: Pro Se Plaintiff Entitled To Protections, But Not Unfettered AI Use
Protective Order Sought In Epstein Privacy Violation Suit Against Google, DOJ
After Bench Trial, Defendants Prevail In Class Action Over ESOP Refinancing
Illinois Panel Affirms Dismissal Of Auto Insurer’s Declaratory Judgment Suit
Patent Applicant Explicitly Disclaimed Prior Art Reference, Federal Circuit Agrees
Florida Panel Reverses, Remands In Hurricane Irma Coverage Dispute
Choice-Of-Law Rule Resolves Review Standard Dispute In LTD Case
Judge: Plaintiffs’ Expert Can Opine On Design Defects In Bard Port Catheter MDL
Lilly: Medicare Drug Rebate False Claims Case Should Be Reviewed By High Court
Class Suit Alleges FBI Employees Were Fired For Perceived Political Affiliation
Mass Tort Cases For Drugs, Medical Devices
Judge Reduces Attorney Fee Award, Approves Settlement In Google Data Sharing Row
Texas Federal Judge Denies Insurer Summary Judgment In Years-Long Coverage Dispute