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4th Circuit Addresses Bankruptcy Issue In Affirming Withdrawal Liability Ruling

RICHMOND, Va. — Resolving “two important questions” that both “concern what happens when a multiemployer pension plan submits a proof of claim for withdrawal liability in the bankruptcy of a contributing employer,” the Fourth Circuit U.S. Court of Appeals on Jan. 26 affirmed summary judgment against an employer that withdrew from the multiemployer fund and its control group.

Lawyer Hit With $4,000 Sanction For AI’s Fake Cites

PHILADELPHIA — A federal judge in Pennsylvania on Jan. 26 imposed a $4,000 sanction on an attorney for submitting a motion with eight fake citations created by one of the “most premier and frequently utilized legal research tools” and ordered the attorney and local counsel to submit the ruling to various interested parties.

Wash. Federal Judge Moves False Advertising Suit Against Semaglutide Seller Forward

SEATTLE — A Washington federal judge on Jan. 26 ruled that a false advertising and unfair competition case filed by the maker of semaglutide drugs can move forward, finding that the complaint established standing and sufficiently alleges the elements of claims against the compounded drug seller.

Judge: Insured Failed To Watch Clock Set By Government In Hurricane Ian Flood Suit

FORT MYERS, Fla. — A federal judge in Florida on Jan. 26 granted an insurer’s motion to dismiss an insured’s suit seeking coverage under her Standard Flood Insurance Policy (SFIP) as untimely, holding that the insured missed the government’s one-year deadline to file her breach of contract complaint “by a wide margin.”

10th Circuit Affirms $17.3M Attorney Fee Award In Fracking Royalty Dispute

DENVER — A 10th Circuit U.S. Court of Appeals panel on Jan. 26 affirmed a lower court’s award of more than $17.3 million in attorney fees as part of a $52 million oil and gas royalty settlement on grounds that the trial court assessed the award’s reasonableness by weighing it using Oklahoma’s statutory factors and conducting a lodestar cross-check and there was no abuse of discretion.

6th Circuit Vacates Injunction In Social Media Sex Offender Disclosure Dispute

CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Jan. 26 vacated a preliminary injunction and remanded a putative class action filed against a county attorney by a Kentucky registered sex offender seeking to prevent enforcement of a Kentucky law requiring certain registered sex offenders to display their full legal name on their social media accounts, finding in part that the law at issue may cover conduct to which the First Amendment to the U.S. Constitution does not apply.

Michigan Federal Judge Dismisses U.S.’s Suit Over Climate Change Lawsuit Threat

GRAND RAPIDS, Mich. — A federal judge in Michigan on Jan. 24 ruled in granting a motion to dismiss that the United States failed to establish ripeness and lacked subject matter jurisdiction to sue the state over claims that it violated the U.S. Constitution by threatening litigation against fossil fuel companies over their alleged liability in contributing to climate change through greenhouse gas emissions.

4th Circuit: Judge Wrong To Revive Blackbeard Ship IP Row Against North Carolina

RICHMOND, Va. — A North Carolina federal judge was wrong to reopen a videographer’s complaint against North Carolina and multiple elected officials, a Fourth Circuit U.S. Court of Appeals panel held Jan. 23; the panel said the judge failed to justify the reasons for applying a 2006 U.S. Supreme Court ruling in the 2021 decision that revived copyright infringement claims centering around images depicting the sunken remains of the pirate Blackbeard’s flagship.

Iowa High Court Affirms Denial Of TikTok Dismissal Bid In Iowa Consumer Fraud Suit

DES MOINES, Iowa — The Iowa Supreme Court on Jan. 23 affirmed a lower court order denying a motion by TikTok to dismiss for lack of specific personal jurisdiction a consumer fraud suit against it by Iowa for purported deceptive age rating on the TikTok platform, finding in part that TikTok “purposely availed” itself of doing business in Iowa.

3rd Circuit Affirms Qualified Immunity Grant In COVID-19 Nursing Home Deaths Case

PHILADELPHIA — Ruling that survivors of former nursing home residents who died from COVID-19 failed to show that New Jersey’s governor and public health commissioner were on notice that their actions in handling the pandemic with respect to nursing homes would violate the residents’ statutory or constitutional rights, a Third Circuit U.S. Court of Appeals panel on Jan. 23 affirmed a New Jersey federal court’s dismissal of the survivors’ lawsuit on the basis of qualified immunity.

Auto Insurer’s Coverage Denial Was Not Unreasonable, 3rd Circuit Panel Affirms

PHILADELPHIA — A district court properly entered summary judgment in favor of an auto insurer because the insurer met its burden of showing that the addition of a named driver exclusion was valid and enforceable under Pennsylvania law and the insured failed to show that the auto insurer’s denial of coverage based on the exclusion was unreasonable, the Third Circuit U.S. Court of Appeals said Jan. 23.

LATEST NEWS

4th Circuit Addresses Bankruptcy Issue In Affirming Withdrawal Liability Ruling
Contractor’s Insurer Sues For Declaratory Relief From Subcontractors’ Insurers
Lawyer Hit With $4,000 Sanction For AI’s Fake Cites
Copyright Requires Human Authorship, U.S. Supreme Court Told
Wash. Federal Judge Moves False Advertising Suit Against Semaglutide Seller Forward
Judge: Insured Failed To Watch Clock Set By Government In Hurricane Ian Flood Suit
Debtor Nash’s Trustee Seeks Return Of Assets In Fraudulent Transfer Suits
10th Circuit Affirms $17.3M Attorney Fee Award In Fracking Royalty Dispute
6th Circuit Vacates Injunction In Social Media Sex Offender Disclosure Dispute
Groups Sue California Produce Company Over Alleged Polluted Stormwater Runoff
More Than 5 Years On, Tribal Groups Amend Federal Fracking Lease Complaint
3rd Circuit Issues Mandate Enforcing NLRB Decision In Post-Gazette Bargaining Case
Judge Grants Dismissal Of Agency Heads In Putative Class Suit Over HHS RIF
Bad Faith Allegation Against Auto Insurer Fails To State Claim, Federal Judge Says
Federal Circuit: Judge Should Have Found Obviousness In Tire Pressure Patent Row
Panel Affirms Ruling Denying Motion To Enforce Settlement In Wind Damage Dispute
Insurer, Hotel File Briefs On Jurisdiction In Sex Trafficking Coverage Suit
6 More ERISA Forfeiture Cases Have Been Dismissed By Federal Judges
Interior Secretary Denies Groups’ Claims In Dispute Over Offshore Fracking Leases
Breach Of Contract, Bad Faith Claims Survive In Storm Damage Suit
Experts Featured In Mealey’s Daubert Report
Plaintiff/Defense Experts Testifying Since Jan. 1, 2002
J&J Asks High Court To Decide If Experts Must Meet Daubert For Class Certification
Railway Seeks More Time To Organize Genetic Testing Blood Draw
Apple And Its CEO Waive Response To High Court Ad Market Antitrust Petition
Court: Gas Companies’ Claims About Compensation Are Utilities Commission’s Purview
Montana High Court Appoints New Chief Judge For Asbestos Court
Judge: Genetic Experts May Opine Only On General Causation In Asbestos Case
J&J Challenges Causation, $950M In Punitive Damages In Asbestos-Talc Case
Texas Appeals Court Reverses Med-Mal Defense Verdict, Says Expert Wrongly Excluded