Although it was not attached to her complaint, the Ninth Circuit determined that under the incorporation-by-reference doctrine, the lower court should have considered the contents of the letter. Reversing a district court’s dismissal of a registered nurse’s Title VII and state-law claims alleging religious discrimination in the face of a COVID-19 vaccine mandate, the Ninth Circuit found the lower court erred when it dismissed the claim without leave to amend. In her opposition to the motion to…

New York says Polymarket is offering illegal betting, while Polymarket says the CFTC’s exclusive federal jurisdiction preempts New York’s laws. New York Attorney General Letitia James and Polymarket US have filed lawsuits against each other over prediction markets trading. New York alleges that Polymarket US is operating an illegal unlicensed gambling operation that harms the state. Polymarket US seeks to prevent New York from bringing enforcement against it, saying that New York’s enforcement…

A federal law on technology supply-chain threats provided sufficient authority for the Department of Defense to designate Anthropic as a national security threat after the company refused to allow the use of its AI (artificial intelligence) systems for mass domestic surveillance or autonomous weaponry, an appeals court ruled today. But the ruling by the U.S. Court of Appeals for the District of Columbia Circuit is at odds with a decision by the U.S. District Court for the Northern District of…

The court permanently enjoined the company from receiving or shipping FDA-regulated products until they eliminate pests and filth, repair the facility, and obtain written FDA approval to resume operations. The U.S. District Court for the District of Minnesota entered a consent decree of permanent injunction against Gold Star Distribution, Inc. (Gold Star), a Minnesota-based multi-commodity warehouse operator, and its owner, Bassam Abu Samrah, after the FDA observed persistent insanitary…

The Fed proposed reserve, capital and risk management rules for stablecoin issuers it supervises, and a bank application process. The Federal Reserve Board (Fed) has proposed a regulatory framework for payment stablecoin issuers under its supervision to implement the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act), together with a separate proposal setting out how insured state member banks may apply for approval for a subsidiary to issue payment stablecoins.…

The registered marks merely described cyan, magenta, and yellow cube toys and lacked secondary meaning, leaving them invalid and unable to support infringement claims. A federal district court in Illinois has granted partial summary judgment to a seller of color prism cube toys in its challenge to a competitor’s CMY CUBES trademarks. The court declared the competitor’s two registered marks invalid and ordered their cancellation, entered judgment of noninfringement, and rejected the…

The complaint plausibly alleged that AAMC sets a uniform price for primary applications across member schools in a way that impedes competition leading to supracompetitive prices. A medical school applicant stated a claim against the Association of American Medical Colleges (AAMC) for unlawful horizontal restraint of trade in the physician education market under Section 1 of the Sherman Act, held the federal district court in Washington, D.C. However, the applicant did not have standing in the…

A law firm that had filed separate lawsuits against the battery company and did not materially contribute to the settlement agreement could not recover attorney fees from the negotiated settlement fund. Under federal procedural rules, governing case law, and the terms of a settlement agreement, a law firm that had not worked with the class counsel to negotiate the agreement between electronic vehicle owners and General Motors and a group of companies including LG Electronics, Inc. concerning a…

In this case, the Fifth Circuit made clear that the Board’s decision in Lion Elastomers II exceeded the scope of the court’s first remand order. On remand from the Fifth Circuit for a second time, a four-member panel of the NLRB, in a 3-1 decision, ruled that it is “impossible to reconcile the court’s finding that the Board’s attempt to overrule General Motors in Lion Elastomers II was invalid because it was beyond the scope of the court’s remand with any argument that General Motors remains…