NEW YORK — Mostly affirming dismissal of an Employee Retirement Income Security Act challenge to retirement plan fees and funds, the Second Circuit U.S. Court of Appeals used a precedential opinion “to clarify our standards applicable to the standing of a defined contribution plan plaintiff individually and on behalf of a putative class” and a simultaneous summary order to vacate judgment on two claims and remand for further consideration under the U.S. Supreme Court’s April 17 Cunningham v. Cornell University ruling.

WASHINGTON, D.C. — A divided District of Columbia Circuit U.S. Court of Appeals panel vacated a trial court’s preliminary injunction in a case over the termination of more than 1,400 workers at the Consumer Financial Protection Bureau (CFPB) after the majority ruled that the claims related to loss of employment “must proceed through the specialized-review scheme established in the Civil Service Reform Act.”

PHILADELPHIA — The Pennsylvania federal judge overseeing the multidistrict litigation involving diabetes and diet drugs that consumers allege caused gastrointestinal and other injuries largely denied a motion to dismiss certain claims from a master long-form complaint.

NEW YORK — A Second Circuit U.S. Court of Appeals panel on Aug. 19 vacated and remanded a lawsuit brought by the state of Vermont against 3M Co. over alleged contamination from per- and polyfluoroalkyl substances (PFAS), ruling that 3M’s removal of the case to federal court was timely because Vermont’s email to 3M and a letter sent by a state environmental agency “did not provide nearly enough information for 3M to ascertain that the case against it was removable under the federal officer removal statute.”

NEW ORLEANS — Three trial courts properly issued preliminary injunctions in three cases challenging the constitutionality of the National Labor Relations Board that halted unfair labor practice (ULP) complaints against three employers, a Fifth Circuit U.S. Court of Appeals panel majority ruled Aug. 19, opining that the employers “made their case” regarding the dual for-cause removal protections for administrative law judges (ALJs) and NLRB members and “[w]hen an agency’s structure violates the separation of powers, the harm is immediate—and the remedy must be, too.”

WASHINGTON, D.C. — Three unions sufficiently established irreparable harm, a federal judge in the District of Columbia said in granting their motion for a preliminary injunction in a case challenging a March presidential executive order (EO) that removed various federal agencies and agency subdivisions from the union organizing protections of the Federal Service Labor-Management Statute and Foreign Service Labor-Management Relations Statute.

NEW YORK — After a jury delivered a verdict in favor of the U.S. government in a federal False Claims Act (FCA) suit alleging that CVS Health Corp. (CVSHC) and its subsidiary Omnicare Inc. submitted fraudulent claims for payment to the government, a New York federal judge on Aug. 18 denied CVSHC’s and its subsidiary’s motions for a new trial or judgment as a matter of law, finding in part that CVSHC’s motion for judgment as a matter of law or, in the alternative, for a new trial “is procedurally improper.”

WILMINGTON, Del. — The Delaware Supreme Court on Aug. 18 affirmed a lower court’s ruling that denied CVS Health Corp.’s motion for partial summary judgment and granted its insurers’ motion for partial summary judgment in their lawsuit disputing coverage for 218 underlying opioid lawsuits, agreeing with the lower court that, under ACE American Insurance Co. v. Rite Aid Corp., the underlying lawsuits fail to seek damages because of any specific bodily injury or damage to any specific property to trigger coverage.