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LOUISVILLE, Ky. — A duty exists under Kentucky negligence and product liability law to prevent foreseeable household exposures to asbestos that are “regular and repeated,” the Kentucky Supreme Court said in affirming a ruling reversing summary judgment for two defendants in an asbestos case and in finding that a summer job didn’t trigger workers’ compensation system exclusivity.
WASHINGTON, D.C. — The U.S. Supreme Court on March 23 heard arguments as to whether a COVID-era Mississippi state law providing that mail-in ballots postmarked by Election Day may be received by the registrar within five days of Election Day and still be valid is, as the Fifth Circuit U.S. Court of Appeals found, preempted by federal law governing elections and the definition of Election Day (Michael Watson v. Republican National Committee, et al., No. 24-1260, U.S. Sup.).
WASHINGTON, D.C. — Two news publishers are not in the general search services marketplace and have not established that general Google LLC search and its artificial intelligence products AI Overviews or Gemini chatbot are separate products for antitrust tying purposes, a federal judge in the District of Columbia said March 20 in dismissing antitrust claims.
PHILADELPHIA — A panel of the Third Circuit U.S. Court of Appeals has issued a nonprecedential per curiam opinion vacating an order of a district court, which had denied a motion for a preliminary injunction sought by residents in a dispute with hydraulic fracturing companies related to alleged contamination of their drinking water. The Third Circuit panel ruled that without a facial showing of jurisdiction pursuant to the Class Action Fairness Act (CAFA), it was not error for the district court to deny the injunction motion.
WASHINGTON, D.C. — The U.S. Supreme Court on March 23 granted the U.S. government’s motion to participate in oral arguments when it considers the standard for the inducement of infringement to be applied in medical patent cases, including in “skinny label cases” involving allegedly noninfringing use; on March 20, the patent-holding biopharmaceutical entities filed their merits brief, arguing that statements made by a bioequivalent maker plausibly allege induced infringement.
WASHINGTON, D.C. — The U.S. Supreme Court announced on March 23 that it will not consider a petition for a writ of certiorari filed by two drug companies that argued the Ninth Circuit U.S. Court of Appeals erred in certifying a national third-party payer (TPP) class of entities that paid for the diabetes drug Actos.
WASHINGTON, D.C. — The Federal Communications Commission and the U.S. government on March 20 filed their response in the U.S. Supreme Court in consolidated cases where Verizon Communications Inc. and AT&T Inc. assert constitutional challenges to the FCC’s enforcement of monetary forfeitures under the Communications Act.
WASHINGTON, D.C. — The U.S. Supreme Court on March 23 denied a petition for a writ of certiorari filed by a professional certification school seeking review of the Ninth Circuit U.S. Court of Appeals’ affirmance of a lower court’s ruling compelling arbitration and dismissing a class action antitrust suit alleging that Google and Apple violated state and federal antitrust laws by unlawfully agreeing to divide online search and search advertising markets.
WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel found errors in a Maryland federal judge’s construction of disputed patent claims in a suit over patents covering atomizers for particulate paints, which led the panel in its March 20 opinion to reverse the judge’s grant of summary judgment of noninfringement in the defendant-appellee’s favor.
WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on March 20 consolidated a petition filed by 24 states, the District of Columbia, the U.S. Virgin Islands and a number of cities and counties challenging a U.S. Environmental Protection Agency final action published in the Federal Register that rescinded Obama-era greenhouse gas (GHG) pollution regulations for engines and vehicles with a similar petition filed by a myriad of environmental advocacy groups and multiple others over the EPA’s massive deregulatory action.
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on March 19 affirmed a lower court’s dismissal of an internet services provider’s Communications Act violation suit against T-Mobile alleging network interference, finding that the “claim is barred by that statute’s election-of-remedies provision” because the provider had already filed a complaint with the Federal Communications Commission.