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  • LABELING AND PACKAGING (FOOD, DRUGS & MEDICAL DEVICES)—N.D. Cal.: Baby food MDL is dismissed for lack of federal jurisdiction

    LABELING AND PACKAGING (FOOD, DRUGS & MEDICAL DEVICES)—N.D. Cal.: Baby food MDL is dismissed for lack of federal jurisdiction

    LABELING AND PACKAGING (FOOD, DRUGS & MEDICAL DEVICES)—N.D. Cal.: Baby food MDL is dismissed for lack of federal jurisdiction
    October 15, 2026 | By Donielle Tigay Stutland, J.D.
    A negligence-per-se claim premised on alleged federal Food, Drug, and Cosmetic Act adulteration and misbranding violations does not present a substantial federal question. In a multidistrict litigation involving alleged adulteration and misbranding of baby food, the federal district court in California dismissed the suit for lack of federal question subject matter jurisdiction. Despite the parties’ written submissions in which all agreed the complaint pres...
COPYRIGHT—S.D. Ohio: Google’s Shopping Ads program did not infringe T-shirt design copyrights

COPYRIGHT—S.D. Ohio: Google’s Shopping Ads program did not infringe T-shirt design copyrights

October 15, 2026 | By Sherri M. Schroeder, J.D.
The court found that Weekend Warrior failed to state a claim for either direct or contributory copyright infringement due to lack of volitional conduct on Google’s part, among other things. An Ohio fe...
REMEDIES, DAMAGES—D. Md.: Court declines to preliminarily enjoin Trump contractor DEI order

REMEDIES, DAMAGES—D. Md.: Court declines to preliminarily enjoin Trump contractor DEI ...

October 15, 2026 | By Kathleen Kapusta, J.D.
“Plaintiffs lack a protectable First Amendment interest in speech that is prohibited by the Contractors Order because they lack an interest in speech that is prohibited by federal antidiscrimination law.” Denying a request by five organizations whose members include government contractors to preliminarily enjoin an executive order issued by President Trump in March 2026—which directs executive departments and agencies to ensure that agreements with contractors and subcontractors include…
FEDERAL PREEMPTION—6th Cir.: Kalshi challenges ruling that sports contracts aren’t swaps

FEDERAL PREEMPTION—6th Cir.: Kalshi challenges ruling that sports contracts aren’t ...

October 14, 2026 | By Anne Sherry, J.D.
The appellate panel split from other circuits in holding that the contracts are not swaps under the CFTC’s exclusive jurisdiction. Kalshi is asking the Sixth Circuit to rehear a case involving state oversight of sports-related event contracts. A panel of that court ruled that the contracts are not “swaps” and do not fall within the CFTC’s exclusive jurisdiction. According to Kalshi, rehearing or rehearing en banc is appropriate because the court split from sister circuits and erred in its…
Administration Urged to Take More Active Role in Assessing Cyber-Capable AI

Administration Urged to Take More Active Role in Assessing Cyber-Capable AI

October 14, 2026 | By Tom Leithauser
The Trump administration should take a more active role in pre-deployment testing of AI (artificial intelligence) systems to prevent rogue AI from engaging in cyber attacks and other malicious activities or being used by hackers, according to Sens. Maria Cantwell (D., Wash.), ranking member of the Senate Commerce, Science, and Transportation Committee, and Mike Rounds (R., S.D.), chairman of the Armed Services Committee’s cybersecurity subcommittee. “Recent AI security incidents should serve…
FALSE CLAIMS ACT—S.D. Ohio: Relator failed to allege that there was anything illegal about referral exchange

FALSE CLAIMS ACT—S.D. Ohio: Relator failed to allege that there was anything illegal ...

October 14, 2026 | By Justin Marcus Smith, J.D.
None of the benefits alleged between the providers were the types of prohibited kickback “remuneration” as defined in Sixth Circuit caselaw. A qui tam relator failed to plead enough specific facts to show that a group of health care providers facially violated either the Anti-Kickback Statute (AKS) or the Stark law, found the federal district court in Columbus, Ohio, in holding for dismissal of the relator’s False Claims Act (FCA) complaint. Because AKS or Stark law violations were the…
BANK SECRECY ACT—Bank of America sanctions penalties top $1.21 billion

BANK SECRECY ACT—Bank of America sanctions penalties top $1.21 billion

October 14, 2026 | By Colleen M. Svelnis, J.D.
FinCEN credited a separate OCC civil money penalty of $750 against its $1.2 billion assessment. The Treasury Department announced coordinated enforcement actions imposing more than $1.21 billion in penalties against Bank of America in Bank Secrecy Act (BSA), anti-money laundering (AML), and sanctions matters. Treasury's Financial Crimes Enforcement Network (FinCEN) imposed a $1.2 billion civil money penalty but credited the bank’s $750 million OCC payment , leaving $450 million payable to…
COPYRIGHT—D.D.C.: Influencer wins summary judgment in copyright suit against travel-focused social media firm

COPYRIGHT—D.D.C.: Influencer wins summary judgment in copyright suit against ...

October 14, 2026 | By Jonathan Anderson
The court rejected the defendant’s affirmative defenses that the plaintiff had licensed her works and that the claims were barred by the statute of limitations. The federal district court in Washington, D.C. found an American social media content firm liable for infringing the copyright of an Icelandic influencer, with damages to be determined later. The court concluded that the firm, Tripscout, Inc., unlawfully reposted the influencer’s social media content after she revoked her consent for…
ANTITRUST NEWS: iPad consumers bring putative class action against Apple, Amazon, for allegedly restraining third-party sellers

ANTITRUST NEWS: iPad consumers bring putative class action against Apple, Amazon, for ...

October 15, 2026 | By Justin Marcus Smith, J.D.
The consumers distinguished the relevant online marketplace as a “two-sided” online platform mediating sales transactions between willing sellers and buyers. Two consumers, one a resident of Texas, the other a resident of the State of Washington, have brought a putative class action against Apple Inc. and Amazon.com, Inc. under Section 1 of the Sherman Act. The consumers allege that Apple and Amazon unlawfully agreed to eliminate or at least substantially reduce the competitive threat posed by…
DEFENSES TO LIABILITY—ASBESTOS—W.D. La.: Nuclear weapons contractors win summary judgment in serviceman’s mesothelioma suit

DEFENSES TO LIABILITY—ASBESTOS—W.D. La.: Nuclear weapons contractors win summary ...

October 15, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The serviceman failed to establish that either contractor designed, manufactured, or supplied asbestos-containing materials to which he was exposed during military service. In an action brought by a former Air Force nuclear weapons specialist diagnosed with mesothelioma, a federal district court in Louisiana granted summary judgment to two contractors involved in the United States’ nuclear weapons program. The court found insufficient evidence that the insulation used in tritium shipping…
PENSION AND BENEFIT PLANS—11th Cir.: Eleventh Circuit overrules holding that ERISA requires exhaustion of statutory claims

PENSION AND BENEFIT PLANS—11th Cir.: Eleventh Circuit overrules holding that ERISA ...

October 14, 2026 | By Todd Harrison, J.D.
An outlier among other circuits that have considered the question, the Eleventh Circuit overruled its practice of imposing an administrative exhaustion requirement for ERISA breach of fiduciary duty claims. Revisiting its decision in Mason v. Continental Group, Inc. , 763 F.2d 1219 (11th Cir. 1985), which imposed a mandatory administrative exhaustion requirement for all statutory claims brought under ERISA, the Eleventh Circuit, sitting en banc , overruled Mason and its progeny to the extent…

EXPERT INSIGHTS—California signs landmark new AI workplace laws on termination, layoffs and surveillance
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October 15, 2026 | By Dimiana Saad
As we previously discussed here , artificial intelligence ("AI") continues to transform the workplace, prompting lawmakers, regulators, and employers to grapple with the risks and opportunities associated with automated decision-m...

EXPERT INSIGHTS—New Jersey imposes new qualification requirements on public works craftworkers
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October 15, 2026 | By Russell McEwan & Jonathan Carrillo & Francis Kenny
At a Glance New Jersey legislation signed on September 9, 2026, adds qualification requirements for journeyperson craftworkers performing public work and related certification and documentation requirements for contractors using s...

FRAUD AND MANIPULATION—S.D. Fla.: Former CEO and CFO of Spirit Airlines ask court to dismiss complaint
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October 14, 2026 | By R. Jason Howard, J.D.
The defendants argued that the second amended complaint barely even attempts to address the court’s dismissal order. The former CEO and CFO of Spirit Airlines have filed a motion to dismiss a second amended complaint brought by pl...

FRAUD AND MANIPULATION—SEC levies $1M fine for fraudulent revenue reporting
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October 14, 2026 | By John Filar Atwood
The company misstated its revenue in multiple public filings, and failed to maintain internal controls to detect side agreements made by its sales team. A Missouri-based company has agreed, without admitting the allegations, to pa...

AI Misbehavior Must Be Reported to White House, Task Force Says
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October 14, 2026 | By Tom Leithauser
AI (artificial intelligence) developers are required to tell the government when their models engage in cyber attacks or other misbehavior, according to a statement issued by the White House AI task force after a model being teste...

Anthropic Seeks Rehearing of Ruling That Upheld Company’s Blacklisting by DoD
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October 14, 2026 | By Tom Leithauser
A federal appeals court erred when it upheld the Defense Department’s designation of Anthropic as a national security threat and should rehear the case, Anthropic said yesterday. The September ruling by the U.S. Court of Appeals f...

EXPERT INSIGHTS—FDA opens applications for new pilot to shorten drug approval times: What sponsors need to know
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October 15, 2026 | By Justine Lei & Jami Fogelhut
Earlier this month, FDA opened applications for a new Expedited Investigational New Drug (IND) Pilot Program (the "Program"), an initiative launched under HHS Operation TrialBlazer[1] that aims to shorten the path from IND-enablin...

ELECTRONIC HEALTH RECORDS—W.D. Ky.: Humana privacy lawsuit advances over alleged tracking of health information
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October 15, 2026 | By George Basharis, J.D.
The insurer allegedly transmitted sensitive health information to third parties even after users restricted tracking through privacy controls on its website and patient portals. Humana must defend a proposed class action alleging ...

EXPERT INSIGHTS—Federal banking agencies issue proposed updates to interagency third-party risk management guidance and joint statement on ...
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October 14, 2026 | By Matthew Bisanz & Andrew Hartlage, Andrew Olmem, Jeffrey P. Taft, Megan S. Webster & Kathryn Allen
On September 11, 2026, the Board of Governors of the Federal Reserve System (the "Federal Reserve"), the Federal Deposit Insurance Corporation ("FDIC"), the National Credit Union Administration ("NCUA"), and the Office of the Comp...

BANKING OPERATIONS—OCC report finds evidence of debanking; CFPB announces initiative in response
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October 14, 2026 | By Nora Macaluso
Comptroller of the Currency Jonathan Gould said the agency is considering changes to ensure banks do not discriminate based on political or religious views. A supervisory review released by the Office of the Comptroller of the Cur...

PATENT—D. Del.: Generic drug maker infringed pharma company’s sodium thiosulfate patents for cyanide poisoning treatment
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October 15, 2026 | By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.
The proposed generic sodium thiosulfate injection infringed the asserted patents, while the generic manufacturer failed to establish obviousness, inadequate written description, or prosecution laches. A federal district court in D...

PATENT—D. Del.: Patent suit against Warner Bros. dismissed, but BitHarmony can amend
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October 15, 2026 | By Jonathan Anderson
The case involves four patents related to media data handling, streaming, and storage. The U.S. District Court for the District of Delaware granted a motion by Warner Bros. Home Discovery and related entities to dismiss a patent i...

ADVERTISING—N.D. Cal.: ‘Made in the USA’ labeling case tossed over lack of allegations about foreign part value
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October 15, 2026 | By Steven Melendez
The consumer failed to show a mattress maker was not protected by a California safe harbor law for mostly made-in-America products. The federal district court in San Fransico, California has dismissed a putative class action broug...

ANTITRUST—S.D. Tex.: Monopolization counterclaims survive in chemical recycling dispute
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October 15, 2026 | By Martin A. Steinberg, J.D.
Competing chemical recycling providers accuse each other of stealing proprietary technology, with defendants alleging Nexpera used the lawsuit to suppress competition. The federal district court in Corpus Christi, Texas, allowed S...

JURISDICTION—INDUSTRIAL AND COMMERCIAL EQUIPMENT—E.D. Mo.: Court dismisses fraudulently joined company, denies remand
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October 15, 2026 | By Susan L. Smith, JD, MA
The court denied a woman’s motion to remand her complaint to the state court after concluding that a company that was fraudulently joined had properly removed the woman’s complaint before a forum-state defendant was served under a...

CPSC NEWS—ELECTRONIC PRODUCTS—3M recalls over 53,000 Scotch laminators due to fire hazard
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October 15, 2026 | By WK Editorial Staff
Consumers should stop using the product immediately and contact the firm for a full refund. 3M Company is recalling about 53,634 Scotch thermal laminators because the machines can overheat, posing a fire hazard (CPSC Recall Notice...
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