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  • 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 against medical device manufacturer were not preempted by federal law

    PREEMPTION—MEDICAL DEVICES—3rd Cir.: Manufacturing defect and negligence claims against medical device manufacturer were not preempted by federal law
    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 ...
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—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…
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…
COSMETICS—S.D.N.Y.: Amendment of acne product complaint leaves blemishes for dismissal in unapproved areas

COSMETICS—S.D.N.Y.: Amendment of acne product complaint leaves blemishes for dismissal ...

October 7, 2026 | By Justin Marcus Smith, J.D.
The consumer strayed from amendment instructions and failed to allege deception independent of illegality under New York law, where it did not follow that illegal sale of an allegedly misbranded product necessarily conveyed it was lawful and safe. A New York consumer could not proceed to discovery on a claim that Harvard Drug Group LLC (HDG) violated New York General Business Law Section 349 when it sold over-the-counter acne products that allegedly contained the carcinogen benzene, held the…
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…
JURISDICTION—TOOLS AND HARDWARE—E.D. Cal.: Chainsaw maker subject to jurisdiction but wins dismissal of injured consumer’s claims in explosion case

JURISDICTION—TOOLS AND HARDWARE—E.D. Cal.: Chainsaw maker subject to jurisdiction but ...

October 6, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The consumer’s strict liability and negligence claims were dismissed for failure to identify a product defect but leave to amend was granted as to all claims. In an action brought against a chainsaw manufacturer by a man who allegedly sustained severe burn from an exploding chainsaw, a federal district court in California denied the manufacturer’s motion to dismiss for lack of personal jurisdiction but dismissed all claims on merits. The manufacturer was subject to jurisdiction as the subject…
COVERAGE, LIABILITY—9th Cir.: PREP Act immunity applies to officials in city employee’s COVID-19 case

COVERAGE, LIABILITY—9th Cir.: PREP Act immunity applies to officials in city ...

October 6, 2026 | By Todd Harrison, J.D.
After receiving a religious exemption from the city’s vaccination policy, the employee contended that requiring him to test and wear masks created a hostile work environment. Affirming a district court’s dismissal and denial of a motion for reconsideration of a City of Pasadena employee’s claims surrounding its COVID-19 vaccination policies, the Ninth Circuit agreed with the lower court that the defendants had immunity from all the employee’s claims under the Public Readiness and Emergency…

NAA CORNER—College sports: it ain’t just sports
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October 7, 2026 | By Lisa Dublin
Three legal experts in the arena of student athletics shared their experiences at the National Academy of Arbitrators National Meeting held in Chicago in May 2026. The panelists wrestled with the growth and evolution of “name imag...

EXPERT INSIGHTS—California expands harassment prevention training to address hate speech
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October 7, 2026 | By Kaitlyn L. Lavaroni
On September 27, 2026, the Governor signed Assembly Bill (AB) 1803 , which adds a component of anti-hate speech to harassment prevention training requirements. Existing California Training Requirements California employers with fi...

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—Janssen Granted Preliminary Injunction Against Golimumab Biosimilar
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October 7, 2026 | By Wendy Leben & Emma Murray
On September 30, 2026, the U.S. District Court for the District of Delaware issued an order granting Janssen Biotech, Inc. and Janssen Sciences Ireland UC's (collectively, "Janssen") motion for a preliminary injunction in Janssen ...

ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—D.D.C.: Physician’s claim against DEA challenging delay in agency action was moot
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October 7, 2026 | By Sara Cracau, J.D.
Court dismisses action by physician against DEA alleging unreasonable delay in his DEA registration. A federal district court in the District of Columbia has granted the motion to dismiss of the Drug Enforcement Administration (DE...

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...

DESIGN AND MANUFACTURING DEFECTS—INDUSTRIAL AND COMMERCIAL EQUIPMENT—N.D. Ill.: Cable-stripper maker denied summary judgment in machine ...
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October 7, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The worker’s strict liability and negligence claims survived because genuine issued existed as to the adequacy of warnings and foreseeability of the product’s post sale modifications. In an action brought against a cable-stripper ...

CPSC NEWS—CHILDREN’S PRODUCTS—Magnetic stick figure toys recalled over ingestion hazard
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October 7, 2026 | By WK Editorial Staff
The company is offering a full refund. About 10,750 GBYMIUY magnetic stick figure toy sets are being recalled because they can release high-powered magnets, creating a serious ingestion hazard for children. If swallowed, the magne...
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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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