High Court Leaves Injunction Against Mail-In Ballot Rule In Place For Midterms
WASHINGTON, D.C. — The U.S. Supreme Court in a split decision late Sept. 14 denied the government’s application to stay a Massachusetts federal judge’s injunction barring mandatory enforcement of the U.S. Postal Service’s (USPS) mail-in ballot rule for elections occurring on or before the Nov. 3 midterm elections pending appeal, blocking the government’s attempt to restore requirements that states submit voter-linked information through a federal portal for ballot verification that the government said was necessary for election integrity but drew privacy challenges over disclosure of confidential voter data, among other issues.
Apple Urges High Court To Vacate Contempt Ruling In Apple, Epic Antitrust Row
WASHINGTON, D.C. — In its petitioner’s brief filed Sept. 14 in the U.S. Supreme Court, Apple Inc. urges the court to reverse a Ninth Circuit U.S. Court of Appeals’ ruling upholding a district court’s contempt finding against Apple over anticompetitive practices on its App Store in an antitrust dispute with Epic Games Inc., arguing that the Ninth Circuit erred in affirming contempt based on an injunction’s “spirit” rather than its text.
Majority: Insured Forfeited Argument That ‘Reality Show’ Exclusion Is Ambiguous
NEW ORLEANS — A majority of a Fifth Circuit U.S. Court of Appeals panel held Sept. 14 that a television production company insured forfeited its argument that an insurance policy’s “reality show” exclusion is ambiguous and, therefore, must be construed in its favor, affirming a lower federal court’s summary judgment ruling in favor of the insurer in a coverage dispute arising from underlying injury claims brought against the insured by participants of the reality television show “My 600-lb Life.”
9th Circuit Affirms $7.8M Jury Award To Transit Workers Fired For Vaccine Refusal
SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel affirmed a California federal judge’s judgment for six former employees of a state transit agency who were awarded more than $1 million each by a jury for the agency’s failure to accommodate their religious objections to a COVID-19 vaccine mandate, holding that the agency was not entitled to judgment as a matter of law or a new trial because it did not carry its burden of showing that the religious objections could not be accommodated without undue hardship.
Split 9th Circuit Denies En Banc Rehearing In Veteran Housing Class Case
PASADENA, Calif. — A divided Ninth Circuit U.S. Court of Appeals denied rehearing en banc after a panel partially affirmed, partially reversed and partially vacated a trial court’s ruling on the appropriate use of land in Los Angeles at the center of a class action lawsuit by disabled homeless veterans.
Trump Tells U.S. High Court Ousted NLRB Member Lacks Removal Protections
WASHINGTON, D.C. — President Donald J. Trump’s removal of a member of the National Labor Relations Board shortly after his January 2025 inauguration and more than three years before her term was to end is permissible under the U.S. Supreme Court’s decision in Trump v. Slaughter, and so her petition for a writ of certiorari should be denied or, alternatively, granted and summarily affirmed, Trump and former NLRB member Marvin E. Kaplan argue in a Sept. 14 opposition brief filed in the high court.
Panel: No Coverage Owed For Suits Alleging Insureds Intentionally Paid Terrorists
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Sept. 11 affirmed a lower federal court’s summary judgment ruling that insurers have no duty to defend against underlying lawsuits alleging the insureds violated the federal Anti-Terrorism Act, holding that the underlying actions assert that the insureds “intentionally made payments” to foreign terrorist organizations and, as a result, do not allege an occurrence under the policies.
Discovery Provision Of Anti-SLAPP Statute Figures In 5th Circuit Ruling
NEW ORLEANS — Affirming denial of a university’s motion to strike a former student’s complaint, the Fifth Circuit U.S. Court of Appeals on Sept. 11 held that Louisiana’s anti-SLAPP statute “does not apply in federal court” because it conflicts with Federal Rules of Civil Procedure 12 and 56, which “are valid under the Rules Enabling Act”; writing separately dubitante, one panel member briefly said there was a lack of clarity regarding how the appellate court had “interlocutory appellate jurisdiction.”
Judge Confirms More Than $350M Award Against Nation Of Georgia
WASHINGTON, D.C. — A District of Columbia federal judge on Sept. 11 granted a renewable energy investor’s cross-motion for summary judgment, denied the nation of Georgia’s motion to dismiss and confirmed an International Chamber of Commerce (ICC) award against Georgia worth more than $350 million for noncompliance with an agreement pertaining to a hydroelectric project.
Allegedly Deceptive ‘Organic’ Fertilizer Class Action Dismissed By Judge
SAN DIEGO — A California federal judge on Sept. 11 granted a fertilizer company’s motion to dismiss a class action brought against it by two plaintiffs who claim that it violated California’s unfair competition law (UCL) and other laws by marketing its fertilizer product as “organic” when it allegedly contains so-called forever chemicals but granted the plaintiffs leave to amend.
Summary Judgment Bid Granted In Texas’ Consumer Protection Suit Against TikTok
AUSTIN, Texas — A Texas state court judge on Sept. 10 granted the state’s motion for partial summary judgment in its suit against TikTok Inc. and related entities alleging that the companies operating the social media platform TikTok violated the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) by “misleading consumers about their efforts to ensure that TikTok protects minors from inappropriate content,” finding that TikTok failed to remove certain categories of video content it claimed it would remove and made misrepresentations about the filtering capabilities of its restricted mode.