Correspondent
White House correspondent, covers patent, trade and regulatory news
The Fourth Circuit affirmed a district court's denial of a motion to reopen a final judgment under Federal Rule of Civil Procedure sixty point B six. The court held that a subsequent state supreme court ruling on similar facts did not constitute extraordinary circumstances sufficient to overcome the principle of finality.
The United States Court of Appeals for the Fourth Circuit affirmed a district court's denial of a motion for relief from a prior dismissal. The court held that a change in state law regarding insurance coverage for pandemic losses did not constitute extraordinary circumstances under Federal Rule of Civil Procedure sixty point B six.
The Seventh Circuit affirmed a district court order remanding a climate change lawsuit to state court. The court held that the defendants' historical federal contracts were too attenuated from the alleged consumer misrepresentations to support federal officer removal.
The Ninth Circuit reversed a district court dismissal of a False Claims Act qui tam action involving Paycheck Protection Program loans. The court held that the public disclosure bar did not apply and that the district court abused its discretion in denying leave to amend the complaint.
The Ninth Circuit affirmed a district court ruling that a law firm's counter-complaint filed solely with opposing counsel did not violate the Fair Debt Collection Practices Act. The court also upheld the dismissal of an intentional infliction of emotional distress claim, finding no outrageous conduct by the defendant.
The Ninth Circuit reversed a district court ruling that upheld a condominium association's amendment to lease restrictions. The court held that the amendment required unanimous owner consent because it fundamentally changed the use restrictions of the apartments.
The United States Court of Appeals for the District of Columbia Circuit affirmed a district court ruling upholding the Centers for Medicare and Medicaid Services decision to retain survey data for Medicare Advantage plans. The court held that the agency acted within its authority and did not act arbitrarily or capriciously in refusing to discard survey results despite claims of language access errors.
The Fourth Circuit reversed a district court order confirming a foreign arbitration award because the petition was filed beyond the mandatory three-year statute of limitations under the Federal Arbitration Act. The court remanded the case for further proceedings to enforce the underlying Dutch court judgment under North Carolina law.
The Tenth Circuit reviewed a Lanham Act claim alleging false advertising regarding grain-free pet food. The court affirmed the dismissal of claims against veterinarians but reversed the dismissal of claims against the pet food manufacturer.
The United States Court of Appeals for the Fifth Circuit vacated a district court judgment and remanded the case for further proceedings. The appellate court held that the district court failed to make necessary findings regarding Article III standing and traceability of the plaintiffs' injury.
