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Divided 4th Circuit Won’t Rehear Intel Agencies’ DEIA Worker Termination Ruling

RICHMOND, Va. — A divided Fourth Circuit U.S. Court of Appeals on Nov. 3 denied a petition filed by the U.S. Office of the Director of National Intelligence (ODNI) and the Central Intelligence Agency to rehear a panel majority’s decision affirming a preliminary injunction preventing the agencies from firing, without providing reassignment or appeal procedures or obtaining federal district court approval, a group of workers who said they were faced with termination after working in temporary assignments related to diversity, equity, inclusion and accessibility (DEIA).

Asbestos Case Settles After Judge Allows Soil Sample Evidence

NEW ORLEANS — A federal judge in Louisiana ordered an asbestos case dismissed on Nov. 3 after the parties notified the court that they had reached a compromise, just days after the judge said she would admit soil testing results because they were relevant to the defendants’ alternative asbestos exposure theory and it was irrelevant that some of the samples came from neighboring properties that the exposed individual never owned.

9th Circuit Affirms Dismissal In Part In Sex-Trafficking Suit Against Meta

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Nov. 3 affirmed in part and reversed in part and remanded a lower court’s dismissal of a sex-trafficking victim’s suit alleging in part that Meta Platforms Inc. financially benefited from sex trafficking, finding that while Section 230 of the Communications Decency Act bars a product liability design defect claim based on identity and age verification requirements, it does not bar the design defect claim based on reporting requirements.

3M Announces $7.35B Resolution Covering Most PFAS Injury Claims From AFFF MDL

CHARLESTON, S.C. — 3M announced Nov. 3 that it has reached an agreement to make a $7.35 billion pretax nominal commitment to be paid over nine years to settle more than 100,000 per- and polyfluoroalkyl substances (PFAS)-related personal injury claims in and outside the aqueous film-forming foam (AFFF) multidistrict litigation (MDL) in a federal court in South Carolina.

Texas High Court Orders Vacatur Of Homestead Inspection Ruling

AUSTIN, Texas — Conditionally granting mandamus relief and saying that “discovery must always be proportionate to the needs of the case,” the Texas Supreme Court ordered a trial court to vacate a ruling it concluded wrongly “compelled entry onto the relator’s homestead for inspection over her objection” in a neighborhood dispute.

Justice Dissents As Texas Court Won’t Rehear Asbestos MDL Jurisdiction Case

HOUSTON — A trial court properly applied admittedly ambiguous rules governing transfer of older asbestos cases to the Texas multidistrict litigation, a Texas appellate court justice said in a dissent after the court denied en banc reconsideration of a ruling ordering remand of the cases.

En Banc 5th Circuit Will Rehear Ruling Reinstating Fired Trader Joe’s Worker

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals will rehear en banc a panel majority’s ruling granting a cross-petition filed by the National Labor Relations Board to enforce an order reinstating and making whole a Trader Joe’s employee — whom the company said was “described by her colleagues as a toxic bully” — after finding that she was unlawfully fired after she engaged in protected activity regarding COVID-19 safety protocols.

High Court Denies U.S.’s Injunction Bid To Segregate California Mail Ballots

WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 2 denied the federal government’s emergency application to require California to segregate mail-in ballots from more than 20,000 registered voters identified as suspected noncitizens pending verification of their citizenship, leaving in place a Ninth Circuit ruling that federal law prohibiting noncitizen voting does not preempt California’s election procedures and that the government failed to establish irreparable harm.

Mississippi Federal Judge Denies Dismissal Of NAACP CAA Data Center Suit

OXFORD, Miss. — Holding that the NAACP has statutory standing under the Clean Air Act (CAA), that gas combustion turbines are not “mobile sources” under Mississippi’s State Implementation Plan (SIP) and that citizen suit provisions do not violate the U.S. Constitution, a federal judge denied a motion to dismiss a lawsuit filed against xAI Corp. and an energy infrastructure affiliate over the construction and operation of dozens of turbines that power a Memphis, Tenn., data center.

Unpleaded Title VII Exemption That Nixed Pregnancy Bias Suit Argued In High Court

WASHINGTON, D.C. — The U.S. Supreme Court heard oral arguments on Nov. 2 in a dispute over whether a defendant can obtain summary judgment based on an affirmative defense regarding Title VII’s personal staff exclusion that was never pleaded in a fired pregnant woman’s pregnancy discrimination case against the Fulton Judicial Circuit District Attorney’s Office in Georgia.

9th Circuit Affirms Denial Of Arbitration With Minors In ‘Robux’ Gambling Case

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Oct. 30 rebuffed all arguments brought by the developer of a third-party gambling app that allegedly accepted “Robux,” the in-game digital currency used on Roblox Corp.’s online gaming platform, including from minors, for enforcing the app’s arbitration agreement included in its terms of service (TOS), writing that there was “no evidence” players received notice of the TOS.

LATEST NEWS

3rd Circuit Won’t Reconsider Decision To Vacate Dismissal Of Stock Drop Suit
Divided 4th Circuit Won’t Rehear Intel Agencies’ DEIA Worker Termination Ruling
Asbestos Case Settles After Judge Allows Soil Sample Evidence
Federal Judge Issues 5 Rulings On Evidence In Mine Reinsurance Case
9th Circuit Affirms Dismissal In Part In Sex-Trafficking Suit Against Meta
AI Text-To-Video Company Must Face DMCA Circumvention Claims
OnlyFans Seeks To Appeal Contract Claim In Deceptive Chat Class Suit
Class Claims Over Deceptive McDonald’s ‘McRib’ Marketing May Proceed, Judge Rules
3M Announces $7.35B Resolution Covering Most PFAS Injury Claims From AFFF MDL
Amicus Trade Groups To High Court: Review 9th Circuit ERISA Ruling
High Court Seeks Response From CertainTeed Debtor To Asbestos Claimants’ Petition
Texas High Court Orders Vacatur Of Homestead Inspection Ruling
Crop Insurer, Agent Seek Indemnity Over $1.6M Arbitration Award
Florida Federal Jury Finds Singer Owner Of Copyrights In Phase 1 Trial
Texas Panel Conditionally Grants Insurer Mandamus Relief In Appraisal Dispute
Appeal Of Contempt Order As To Health Facility Beds And COVID Impact Dismissed
Walmart Opposes Insurers’ Petitions For Rehearing In Opioid Coverage Dispute
Insurer Defends Motion For Voluntary Dismissal Without Prejudice
Judge: Agent Was Fraudulently Joined In Cyber Liability Suit Over Ransomware Attack
Mediation Unsuccessful In Coverage Dispute Arising From Management Agreement
Insurer Consents To Restoring Fraud Suit Appeal To Active Status In 11th Circuit
Indiana Appeals Court Finds Cell-Tower Challenge Waived, Affirms Murder Conviction
Guess, Insurer Seek To Dismiss Suit Seeking Coverage Under Foreign Policies
3rd Circuit Dismisses As Moot Insurers’ Appeal Of Asbestos Debtors, J&J Deal
Judge Limits Fees In $47.75M Hawaiian Electric Securities Settlement
Owners Of Insurer Urge Court To Seal Exhibits In Dispute Over Arbitration Award
ACA Reinsurance Plans Ask High Court To Revisit Tolling Precedent
Deal Closing ERISA Severance Case Wins Final Approval
11th Circuit Declines Review Of Certified Question In Paragard IUD Litigation
Class, Subclass Decertified In Contract Price-Hike Suit Against Ricoh