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  • DESIGN AND MANUFACTURING DEFECTS—MEDICAL DEVICES—N.D. Ind.: Breach of warranty claim not sufficiently distinct from time-barred tort claim in hip device lawsuit

    DESIGN AND MANUFACTURING DEFECTS—MEDICAL DEVICES—N.D. Ind.: Breach of warranty claim not sufficiently distinct from time-barred tort claim in hip device lawsuit

    DESIGN AND MANUFACTURING DEFECTS—MEDICAL DEVICES—N.D. Ind.: Breach of warranty claim not sufficiently distinct from time-barred tort claim in hip device lawsuit
    October 8, 2026 | By Leah S. Poniatowski, J.D.
    The patient was given another chance to pursue warranty claims under the UCC. A patient whose implanted hip nailing system failed could not recover against the manufacturer on breach of warranty theories because the nature of her allegation was based in tort and not contract, a federal district court in Indiana ruled, dismissing her claim as it fell within the applicable statute of limitations. The court granted leave to amend the warranties claim (Potempa...
FRAUD AND MANIPULATION—N.D. Ill.: Sprout Social will face fraud suit over ‘upmarket‘ shift

FRAUD AND MANIPULATION—N.D. Ill.: Sprout Social will face fraud suit over ‘upmarket‘ shift

October 7, 2026 | By Rodney F. Tonkovic, J.D.
The company attempted to pursue corporate and enterprise customers using the same products and services offered to small businesses. The district court sitting in Chicago denied a motion to dismiss a ...
DISCRIMINATION—AGE—8th Cir.: Demoted fire department manager, now retired, failed to establish age discrimination

DISCRIMINATION—AGE—8th Cir.: Demoted fire department manager, now retired, failed to ...

October 8, 2026 | By Jason Albright, J.D.
“Though the claims raise distinct issues, his counsel conceded at oral argument that one issue, constructive discharge, holds the ‘keys to the kingdom.’” A former fire department manager who retired after he was demoted, following complaints from his subordinates, failed to establish age discrimination, a procedural due process violation, or civil conspiracy, the Eighth Circuit affirmed. He could not prove that he experienced objectively intolerable working conditions, as required to show that…
BLOCKCHAIN—CFTC seeks comment on proposed rules governing crypto transactions and markets in advanced notice

BLOCKCHAIN—CFTC seeks comment on proposed rules governing crypto transactions and ...

October 6, 2026 | By Rebecca E. Hoffman, J.D.
Comments are due 60 days after the notice is published in the Federal Register. The CFTC announced its advanced notice of proposed rulemaking pertaining to “Regulation CTX” (crypto asset transactions) and “Regulation CAM” (crypto asset markets), seeking public comment on the specifics in its attempt to develop rules implementing CEA Section 2(c)(2)(D) in the context of crypto assets. The “fit for purpose” rules will be aimed at protecting the public from fraudulent schemes without regulating…
AI Developers Would Be Liable for Errant Agents Under Draft House Bill

AI Developers Would Be Liable for Errant Agents Under Draft House Bill

October 7, 2026 | By Tom Leithauser
AI (artificial intelligence) developers would face legal repercussions when their AI systems engage in cyber attacks or other malicious conduct under legislation offered today as a “discussion draft” by Rep. Lori Trahan (D., Mass.). The Clear Liability for Artificial Intelligence Misconduct (CLAIM) Act would address gaps in existing laws, such as the Computer Fraud and Abuse Act, that absolve AI developers of responsibility unless there’s proof of intent. “Under current law, third parties…
QUI TAM (WHISTLEBLOWER SUITS)—D. Mass.: Relator had no evidence that Janssen infusion product programming violated AKS

QUI TAM (WHISTLEBLOWER SUITS)—D. Mass.: Relator had no evidence that Janssen infusion ...

October 8, 2026 | By Justin Marcus Smith, J.D.
The court was critical of the relator’s evidence and her approach to presenting it, but the bottom line was that Janssen product programming had no substantial independent value to physicians. Janssen Biotech, Inc. (Janssen) was entitled to summary judgment in connection with a qui tam relator’s allegations that it violated the Anti-Kickback Statute (AKS), held the federal district court in Boston, Massachusetts. The court began its analysis by rejecting the Janssen argument that the First…
PRUDENTIAL REGULATION—Fed announces plans to restructure supervision, update community bank regulations

PRUDENTIAL REGULATION—Fed announces plans to restructure supervision, update community ...

October 7, 2026 | By A. Bryan Gerepka
Fed Governor Bowman says the new approach clarifies accountability and decision-making and enables a consistent application of supervision. The Federal Reserve Board plans to reorganize supervision into five regions, based on state borders, rather than Reserve Bank District boundaries, to enhance accountability, accelerate decision-making, and ensure consistent supervisory approaches, the Fed’s Vice Chair for Supervision, Michelle W. Bowman said. Bowman announced the changes during an Oct. 6,…
COPYRIGHT—N.D. Cal.: Digital artist must replead DMCA claims against Roblox over AI training

COPYRIGHT—N.D. Cal.: Digital artist must replead DMCA claims against Roblox over AI ...

October 7, 2026 | By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.
Allegations that a gaming-platform operator stripped copyright information from 3D artwork during AI training did not plausibly establish intentional removal or distribution of the works. A federal district court in California dismissed, with leave to amend, a digital artist’s proposed class action alleging that an online gaming and game-creation platform operator removed copyright management information (CMI) from 3D models used to train generative artificial intelligence systems. Although a…
ANTITRUST NEWS: McDonald's sued for anticompetive use of artificial intelligence-driven algorithmic pricing tools

ANTITRUST NEWS: McDonald's sued for anticompetive use of artificial ...

October 7, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
McDonalds president insisted that the $18 "Big Mac" at a Darien, Connecticut franchise was an outlier exception to the average price of $5.29. A putative class action complaint has been filed in the federal district court of the Northern District of Illinois alleging that the McDonald's restaurant chain coercively uses a pricing tool driven by artificial intelligence that results in the individual fast food restaurants, which are supposed to compete with one another by independently setting…
PREEMPTION—MEDICAL DEVICES—3rd Cir.: Manufacturing defect and negligence claims against medical device manufacturer were not preempted by federal law

PREEMPTION—MEDICAL DEVICES—3rd Cir.: Manufacturing defect and negligence claims ...

October 7, 2026 | By Nicholas Kaster, J.D.
A 2024 inspection report presented by the claimant supported a plausible inference that the Angio-Seal was not produced pursuant to the rigorous PMA requirements imposed on the manufacturer by the FDA. The U.S. Court of Appeals for the Third Circuit has ruled that manufacturing defect and negligence claims brought against Terumo Medical Corporation over its Angio-Seal vascular closure device were not preempted by the Medical Device Amendments (MDA) of the Federal Food, Drug, and Cosmetics Act…
DISCRIMINATION—AGE—M.D. Pa.: Nurse advances age bias claim despite failing to apply for ‘reposted’ position

DISCRIMINATION—AGE—M.D. Pa.: Nurse advances age bias claim despite failing to apply ...

October 7, 2026 | By Kathleen Kapusta, J.D.
After 40 years of employment with the hospital the nurse alleged that it posted her position and filled the role with someone much younger. A pre-op charge nurse who had been with the hospital for 40 years and in her position for 12 of those before she was informed her job was being reposted can proceed to trial on her ADEA and state-law age discrimination claims even though she never applied for the reposted position, a federal court in Pennsylvania ruled, citing evidence she was replaced by…

EXPERT INSIGHTS—The NLRB goes on a lion hunt
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October 8, 2026 | By Evan Cohn & Kerry P. Hastings
In the first major decision under the new Republican majority, the National Labor Relations Board (Board) confirmed that its 2020 General Motors decision governs discipline for abusive conduct that occurs during union or other act...

EXPERT INSIGHTS—When accommodation meets its limits: Lessons from Fleischmann on the importance of engaging meaningfully in the interactive ...
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October 8, 2026 | By Kerri A. Wright
Few areas of employment law present as persistent a compliance challenge as disability accommodation. Despite decades of federal and state anti-discrimination statutes, employers continue to struggle with the interactive process—b...

CFTC NEWS AND SPEECHES—Commission issues no-action letter for DCMs converting perpetual futures
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October 7, 2026 | By Suzanne Cosgrove
The letter was issued by the CFTC in response to a request from Coinbase Derivatives, LLC, a designated contract market. The CFTC’s Division of Market Oversight has issued no-action relief to designated contract markets seeking to...

FEDERAL PREEMPTION—7th Cir.: District court should’ve blocked Wisconsin from enforcing gambling laws, argues Kalshi as amicus
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October 7, 2026 | By Rebecca E. Hoffman, J.D.
Only the CFTC can regulate Kalshi’s event contracts, including those related to sports, the brief emphasizes. The Eastern District of Wisconsin “profoundly erred” in denying the CFTC’s motion to enjoin the state’s enforcement of g...

AGs Sue TP-Link Over Security Lapses, Urge FCC to Leave Company on ‘Covered List’
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October 7, 2026 | By Tom Leithauser
Four state attorneys general yesterday sued TP-Link Systems, Inc., alleging that TP-Link violated state consumer protection laws by falsely claiming that its routers had robust privacy and cybersecurity features. In addition, 21 s...

Lawmakers Forecast Narrow AI Bills Over Broad Legislation
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October 7, 2026 | By Jeff Williams
With numerous bills dealing with artificial intelligence (AI) issues percolating in Congress amid concerns about AI security and other matters, the most likely outcome is that lawmakers will eventually pass smaller pieces of legis...

EXPERT INSIGHTS—D.C. Circuit Reaffirms Broad Reach Of The Anti-Kickback Statute And Confirms A Strict 60-Day Clock On HHS OIG Advisory ...
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October 8, 2026 | By George P. Varghese & Amanda Masselam Strachan, Brian Boynton, Bruce Manheim, Benjamin Conery, Liz Lindquist & Wesley C. Schmidt
WHAT YOU NEED TO KNOW: The D.C. Circuit reaffirmed that the Anti-Kickback Statute's use of key terms "induce" and "remuneration" should be understood broadly under their "ordinary meaning." This interpretation confirms the long-st...

COVID-19—9th Cir.: Hospital officials entitled to qualified immunity in denial of nurse’s COVID-vax exemption request
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October 8, 2026 | By Kathleen Kapusta, J.D.
Denying the individual defendants, who had no notice their conduct could be unlawful, the benefit of qualified immunity “subjects such defendants to individual liability and undermines the very purpose of qualified immunity.” The ...

BANKING OPERATIONS—OCC says national banks may offer personal guarantee insurance related to commercial lending
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October 7, 2026 | By Colleen M. Svelnis, J.D.
The bank would offer personal guarantee insurance to a guarantor when the guarantor signs the loan guarantee, placing the insurance alongside the lending product. The Office of the Comptroller of the Currency (OCC) has concluded t...

SECURITIES AND DERIVATIVES—OCC gives banks no-action relief on interaffiliate initial margin
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October 7, 2026 | By Colleen M. Svelnis, J.D.
The three-year positions leave intact Morgan Stanley Bank's and Bank of America's obligation to exchange variation margin with covered affiliate counterparties. Office of the Comptroller of the Currency (OCC) staff has issued inst...

COPYRIGHT—S.D.N.Y.: Court rejects fair-use bid in Playboy copyright suit
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October 7, 2026 | By Patricia K. Ruiz, J.D.
A publisher's use of a Playboy photo in article was not transformative, the court found. Playboy Enterprises International Inc. plausibly alleged that Haymarket Media Inc. infringed its copyright by using a Playboy-owned photograp...

PATENT—Fed. Cir.: Federal Circuit orders patent suit against Google transferred to California
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October 7, 2026 | By Patricia K. Ruiz, J.D.
The appeals court found convenience factors strongly favored Northern District of California. The Federal Circuit granted Google LLC's petition for a writ of mandamus and ordered a patent infringement suit brought by the Universit...

ADVERTISING—N.D. Cal.: Motion practice smooths Vicious Brands Lanham Act claims against Face Co. into final form
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October 7, 2026 | By Justin Marcus Smith, J.D.
The court distinguished between products that had indicia of being in direct competition and other products that were not. Vicious Brands, Inc. (Vicious) could proceed to discovery with a Lanham Act false advertising claim to the ...

ANTITRUST—JPML: Panel decides on centralization for Delta Dental and NCAA antitrust multidistrict litigations
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October 7, 2026 | By Brian Craig, J.D.
Transfer for multidistrict litigation ordered same day for Delta Dental and NCAA. In two separate orders issued the same day, the Judicial Panel on Multidistrict Litigation has denied a motion to vacate conditional transfer of cas...

JURISDICTION—MOTOR VEHICLES—E.D. Wis.: Court finds personal jurisdiction over Korean automobile manufacturer because its automobiles are used ...
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October 8, 2026 | By Susan L. Smith, JD, MA
The automaker had reason to know that its products would be used in Wisconsin. A federal district court in Wisconsin denied an automobile manufacturer’s request to dismiss the complaint of two women who were injured in car crashes...

FINAL RULES—MOTOR VEHICLES—NHTSA eliminates obsolete regulations related to 911 Grant Program
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October 8, 2026 | By WK Editorial Staff
All program funds have been awarded. The National Highway Traffic Safety Administration (NHTSA), along with the National Telecommunications and Information Administration (NTIA), has issued a final rule removing 47 CFR Part 400, w...
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Expert Insights

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  • Anthropic v. U.S. Dept. of War - Video Vital Briefing with Senior Analyst George Gullo
  • Eleventh Circuit rejects one constitutional challenge but leaves open questions on FCA qui tam provisions

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