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  • RETALIATION—E.D. Pa.: Nurse, criticized for tardiness when using FMLA leave to care for son, advances claims

    RETALIATION—E.D. Pa.: Nurse, criticized for tardiness when using FMLA leave to care for son, advances claims

    RETALIATION—E.D. Pa.: Nurse, criticized for tardiness when using FMLA leave to care for son, advances claims
    October 2, 2026 | By Todd Harrison, J.D.
    There was also a genuine dispute as to whether her termination was motivated by her FLSA claims related to unpaid time for changing into scrubs prior to work. A former hospital OR nurse can move forward with her claims alleging FMLA and FLSA retaliation, as well as her FMLA interference and FLSA unpaid wages claims, ruled a federal district court in Pennsylvania. Denying the hospital’s motion for summary judgment, the court found genuine issues of material...
ORGAN PROCUREMENT AND TRANSPLANTATION—M.D. Fla.: CMS organ procurement ranking rule survives APA challenge

ORGAN PROCUREMENT AND TRANSPLANTATION—M.D. Fla.: CMS organ procurement ranking rule survives APA challenge

October 2, 2026 | By WK Editorial Staff
A federal court upheld CMS’s competitive certification framework for organ procurement organizations, finding the rule consistent with federal law and supported by reasoned agency decisionmaking. A fe...
DISCRIMINATION—RACE—5th Cir.: ‘Faith-based’ auto repair company prevails against Jewish man it denied franchise

DISCRIMINATION—RACE—5th Cir.: ‘Faith-based’ auto repair company prevails against ...

October 1, 2026 | By Jason Albright, J.D.
“When the company refused to franchise to [the plaintiff], who is an ethnic and religious Jew, [he] sued for racial discrimination under 42 U.S.C. § 1981.” Christian Brothers Automotive Corporation, a “faith-based auto-repair business that franchises only to Christians,” did not engage in unlawful race discrimination under 42 U.S.C. § 1981 when it refused to grant a franchise to a man who is an ethnic and religious Jew, the Fifth Circuit held. The plaintiff argued that discrimination against…
SWAPS—CFTC staff extends Brexit-related no-action relief for swap dealers and others

SWAPS—CFTC staff extends Brexit-related no-action relief for swap dealers and others

October 2, 2026 | By Rebecca E. Hoffman, J.D.
The no-action positions will remain until the end of 2027 unless the CFTC enters an order to replace them in the interim. The CFTC’s Division of Market Oversight and Market Participants Division have extended no-action positions related to the withdrawal of the United Kingdom from the European Union, also known as Brexit. This no-action letter supersedes CFTC Letter No. 24-11, which was amended by CFTC Letter No. 26-10. CFTC Letter No. 26-28, dated October 1, accords with a Joint Statement by…
Bicameral Legislation Would Ban Federal Use of License Plate Scanners

Bicameral Legislation Would Ban Federal Use of License Plate Scanners

October 2, 2026 | By Tom Leithauser
Federal agencies would be barred from using automatic license plate readers (ALPRs) or data collected by ALPRs under bicameral legislation unveiled today. The Ban Flock Act (H.R.10691 , 119th Cong. (2026)), which is named after Flock Safety, a leading ALPR vendor, was introduced in the House by Alexandria Ocasio-Cortez (D., N.Y.). A Senate version will be introduced by Sens. Bernie Sanders (I., Vt.) and Jeff Merkley (D., Ore.). The legislation would prohibit “the head of any Federal agency and…
DRUGS AND BIOLOGICS—U.S.: Three states file Supreme Court challenge against Democratic states’ shield laws

DRUGS AND BIOLOGICS—U.S.: Three states file Supreme Court challenge against Democratic ...

October 1, 2026 | By Sheila Lynch-Afryl, J.D., M.A.
The states filed a second lawsuit in the Western District of Louisiana against 30 individuals and entities that “have flooded illegal abortion pills into pro-life states.” Three Republican states have asked the U.S. Supreme Court to strike down the shield laws in New York, Massachusetts, and California, arguing that the “sole purpose” of the laws is “to facilitate abortion by mail in pro-life states.” The states of Louisiana, Arkansas, and Alabama allege that they “invested in the promise of…
EQUAL CREDIT OPPORTUNITY—CFPB releases Fair Lending Report

EQUAL CREDIT OPPORTUNITY—CFPB releases Fair Lending Report

October 2, 2026 | By Charles A. Menke, J.D.
The report highlights the Bureau efforts in transforming its fair lending program “by refocusing its regulatory, supervisory, and enforcement activities on its statutory authority and identified consumer harm.” The Consumer Financial Protection Bureau’s September 2026 Fair Lending Report for 2025 describes a shift toward matters involving proven, intentional racial discrimination with identifiable victims and away from disparate-impact liability. Consistent with an April 2025 executive order,…
TRADE SECRETS—Fla. App.: Auto rental company’s trade secret liability upheld; $864,000 award reduced

TRADE SECRETS—Fla. App.: Auto rental company’s trade secret liability upheld; $864,000 ...

October 2, 2026 | By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.
A subsequent acquirer can be liable under Florida trade secret law when it has reason to know that another party obtained the information improperly. A Florida appellate court upheld findings that an auto rental company, its owner, and affiliated automotive businesses misappropriated a competitor’s confidential customer list, rejecting their argument that Florida’s Uniform Trade Secrets Act (FUTSA) limits acquisition-based liability to the person who initially obtains a trade secret…
ANTITRUST—S.D.N.Y.: Gannett and Daily Mail claims about Google digital advertising bidding practices survive summary judgment

ANTITRUST—S.D.N.Y.: Gannett and Daily Mail claims about Google digital advertising ...

October 2, 2026 | By Justin Marcus Smith, J.D.
Among other rulings in the Google Digital Advertising Antitrust MDL, the court granted Google’s summary judgment motions on Gannett and Daily Mail N.Y.G.B.L. claims and Inform, Inc.’s Sherman Act claims. In long-running multidistrict (MDL) antitrust litigation about Google advertising practices, the federal district court in New York City court granted Google’s motion for summary judgment against publishers Gannett and Daily Mail only as to those plaintiffs’ New York General Business Law…
DESIGN AND MANUFACTURING DEFECTS—HOUSEHOLD PRODUCTS—E.D.N.Y.: Dog leash amputation case will proceed to trial on defect, failure to warn claims

DESIGN AND MANUFACTURING DEFECTS—HOUSEHOLD PRODUCTS—E.D.N.Y.: Dog leash amputation ...

October 2, 2026 | By Molly Platnick
The court declined to preclude plaintiff’s expert testimony and granted summary judgment only on warranty claims. The federal district court for the Eastern District of New York denied Petco and a leash seller’s motion to preclude expert testimony and granted in part and denied in part their motion for summary judgment. The products liability case was by a woman whose fingers were severed when her dog’s leash wrapped around her fingers. Her second amended complaint alleged design defect,…
LABOR—LAYOFFS—9th Cir.: Shareholders of bankrupt airline were ‘employers’ under Hawaii’s Dislocated Workers Act

LABOR—LAYOFFS—9th Cir.: Shareholders of bankrupt airline were ‘employers’ under ...

September 30, 2026 | By Ronald Miller, J.D.
The appeals court left it to the district court to determine whether Ohana and the Ellison Trust’s employer status may be decided as a matter of law or must be submitted to a jury. Following the bankruptcy filing of Hawaii Island Air, the Ninth Circuit affirmed a district court’s ruling that the owners of two-thirds of the airline’s stock—the Au Defendants—were an “employer” under Hawaii’s Dislocated Workers Act. However, the appeals court reversed the lower court’s rulings as to employer…

VITAL BRIEFING—Déjà vu, Trump’s forced labor tariffs in the docket
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October 2, 2026 | By Brad Rosen, J.D.
The tariffs, which have resulted in 10 to 12.5 percent levies that impact imports from 86 trading partners, are viewed by critics as another measure in the president’s tariff campaign rather than as a serious effort to combat forc...

EXPERT INSIGHTS—NLRB eases path to discipline employees for offensive workplace conduct tied to Section 7 activity
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October 2, 2026 | By Rebecca Leaf & Nasir S. Ahmed
The National Labor Relations Board ("NLRB" or "Board") this week confirmed that the Wright Line standard remains binding precedent for employers navigating discipline of employees for offensive conduct during otherwise protected S...

NASAA NEWS AND SPEECHES—NASAA comments on FINRA proposal to update the financial exploitation framework
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October 2, 2026 | By R. Jason Howard, J.D.
NASAA broadly supports the investor protection objectives underlying the proposal. The North American Securities Administrators Association (NASAA) has responded to SEC Release No. 34-106275 in which FINRA proposes “to expand and ...

BLOCKCHAIN—SEC proposes crypto custody rules for investment advisers and regulated funds
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October 2, 2026 | By Anne Sherry, J.D.
The rules would allow advisers and regulated funds to self-custody crypto assets. The SEC proposed a regulatory framework under which, among other things, investment advisers can hold crypto assets in self-custody for advisory cli...

California AG Subpoenas OpenAI for Info on Autonomous AI Hacking
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October 2, 2026 | By Tom Leithauser
California Attorney General Rob Bonta (D.) has issued an investigative subpoena to obtain records from OpenAI about incidents in which OpenAI’s AI (artificial intelligence) agents escaped from testing environments and went on hack...

CISA, DoD Offer Advice, Resources as Cybersecurity Awareness Month Kicks Off
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October 2, 2026 | By Tom Leithauser
The Cybersecurity and Infrastructure Security Agency and Department of Defense yesterday highlighted the federal resources available for cyber defenders and offered cybersecurity advice in recognition of National Cybersecurity Awa...

COSMETICS—N.D. Cal.: Lip balm false labeling suit moves forward
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October 2, 2026 | By Jody Coultas, J.D.
The lip balm was marketed as containing sugar but actually contained a sugar alcohol. Two lip balm purchasers sufficiently stated California consumer protection law claims against Fresh, Inc. alleging that the company falsely and ...

QUALITY OF CARE—D.D.C.: Jurisdictional nuances lead to stalemate on dispositive motions about HHS NPDB malpractice report decision
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October 2, 2026 | By Justin Marcus Smith, J.D.
HHS decided it was irrelevant whether the patient dropped the physician from a malpractice complaint, that the physician only participated in mediation due to the threat of a lawsuit, or that the physician was not involved in the ...

CRIMES AND OFFENSES—Treasury proposes blocking A7 network-linked fund transfers
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October 2, 2026 | By Patricia K. Ruiz, J.D.
The proposal would bar U.S. financial institutions from processing transfers involving companies tied to a Russia-linked sanctions evasion network. The Treasury Department announced sweeping sanctions and regulatory actions target...

FINANCIAL STABILITY—Fed’s Bowman says eSLR changes show importance of revisiting regulations
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October 2, 2026 | By Nora Macaluso
The Fed’s vice chair for supervision said recalibrating the leverage ratio has helped the Treasury market. Federal banking agencies’ recalibration of the enhanced supplementary leverage ratio (eSLR) has shown “encouraging” early r...

COPYRIGHT—N.D.N.Y.: Video mocking youth baseball program deemed fair use
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October 2, 2026 | By Jonathan Anderson
Use of the marks also does not purport to designate the source of the video, which cannot be interpreted to represent an association between the parties. An online video mocking and criticizing a New York youth baseball program co...

COPYRIGHT—S.D. Ohio: Court rejects vocalist’s claim to featured artist royalties from Zapp recordings
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October 2, 2026 | By Patricia K. Ruiz, J.D.
The court found that backup vocalist Bobby Glover was not a featured artist entitled to SoundExchange royalty payments. A federal court in Ohio granted summary judgment to LSV Entertainment LLC in a dispute over SoundExchange roya...

ADVERTISING—N.D. Cal.: BuzzBallz granted summary judgment on Patco's cybersquatting and UCL counterclaims
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October 2, 2026 | By Wendy Biddle, J.D.
Big Sipz mark was not distinctive when BuzzBallz acquired lookalike domain names. The U.S. District Court for the Northern District of California granted summary judgment to ready-to-drink cocktail maker BuzzBallz, LLC on the rema...

ANTITRUST—E.D. Pa.: KVK Tech suffers dismissal of Oxycodone manufacturing precursor antitrust claims against competitor-supplier Mallinckrodt
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October 2, 2026 | By Justin Marcus Smith, J.D.
The narrow market definition of finished dosage form products failed to account for interchangeability of substitutes, but breach of contract and promissory estoppel claims survived the Mallinckrodt motion to dismiss. KVK Tech, In...

STATUTES OF LIMITATIONS AND REPOSE—INDUSTRIAL AND COMMERCIAL EQUIPMENT—E.D. Ky.: 3M wins summary judgment after coal miner’s claims found ...
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October 2, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
A miner’s claims were found to be untimely as he could have exercised reasonable diligence and discovered his injury and its cause, more than a year before filing the suit. In an action against a respirator manufacturer by a forme...

CPSC NEWS—HOUSEHOLD PRODUCTS—Burn hazards prompt recall of electric balloon pumps
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October 2, 2026 | By WK Editorial Staff
Consumers should return recalled pumps to any Dollar Tree store for a full refund. Dollar Tree Stores is recalling approximately 360,500 electric balloon pumps because the pumps can overheat and pose a burn hazard. Consumers shoul...
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