While the employee asserted that he spoke in his capacity as a union vice president, his position as a union officer did not transform his employment-related conversations into speech as a citizen. A ...
Deciding whether “given relief is equitable or legal under the FMLA,” the court “cannot, out of a concern for theoretical purity, dodge the question by picking neither.” Addressing for the first time whether a declaratory judgment falls within the FMLA’s authorization for “equitable relief,” the Seventh Circuit examined its own cases, U.S. Supreme Court precedent, the use of the term in other statutes, and history before concluding that the FMLA’s use of equitable relief encompasses…
The court said that the SEC "brushed aside" Bloomberg's concerns about the costs of the proposal, and this was not reasoned decisionmaking. The Court of Appeals for the D.C. Circuit has found that the SEC's approval of a FINRA proposal was arbitrary and capricious. In late 2019, the SEC approved a FINRA proposal regarding a subscription-based service for access to "core" reference data for new issues of corporate bonds. During the rulemaking process, plaintiff Bloomberg L.P. and other…
False claims actions brought by former pharmaceutical sales managers claiming retaliatory termination failed. Finding that the complaints failed to sufficiently plead the subjective and objective prongs of protected conduct under the False Claims Act (FCA), a federal district court in Illinois affirmed its prior decision to dismiss the cases brought by sales managers who claimed they were terminated in retaliation for reporting alleged violations. The FCA does not provide a vehicle to punish…
Both the Fed and the Kansas City Fed argue that Custodia has failed to sufficiently state a claim in its suit asking for the Wyoming federal district court to force action on the bank’s master account application. Custodia Bank, Inc. filed a complaint in the U.S. District Court of Wyoming against the Federal Reserve Board and the Federal Reserve Bank of Kansas City, alleging multiple claims for relief for failing to act upon its application for a master account with the Federal Reserve for…
The company that made repeated takedown notices, even after Amazon rejected them, acted with willful blindness as to the accuracy of those notices. An export/import company that made multiple inaccurate takedown notices to Amazon over an allegedly infringing design acted with willful blindness toward the accuracy of its submissions, the U.S. Court of Appeals for the Eleventh Circuit has held in an unpublished opinion. The court, affirming a district court’s bench judgment under the Digital…
The online retail giant seeks to quash the June 2022 CID as currently written, if the modifications proposed by Amazon are not accepted. Amazon.com, Inc. (Amazon) has petitioned the FTC to quash or limit the agency’s Civil Investigative Demand (CID) issued on June 30, 2022, regarding the company’s Prime membership program by claiming that it was unduly burdensome. The FTC staff initiated an investigation into Amazon’s Amazon Prime offering in March 2021, by serving a CID on Amazon and…
While the allegedly defective product had been destroyed, the consumers could pursue their strict liability claims based on the malfunction theory, allowing circumstantial evidence to prove the claims. A claimant may demonstrate a product defect with proof of a malfunction plus “evidence eliminating abnormal use or reasonable, secondary causes.” A federal district court in Pennsylvania allowed strict liability and negligence claims involving defective design and manufacture to proceed against…
The employer previously accepted notice of an employee’s absences via Facebook Messenger and did not discipline him or ask that he use its call-in line. Vacating and remanding a district court’s grant of summary judgment in a company’s favor on a terminated employee’s FMLA interference claim, the Fourth Circuit ruled a jury must decide whether using Facebook Messenger satisfied the employer’s usual and customary notice procedures. Although the company had a written policy requiring employees…
The complaint claims over 3.5 million investors lost over 5 billion dollars in crypto assets after investing in Cuban's Voyager platform. A group of investors has sued Mark Cuban for his role in an alleged cryptocurrency Ponzi scheme. According to the complaint, Cuban was a major stakeholder in Voyager Digital, which used Cuban's celebrity and experience as an investor to lure the public into trading in cryptocurrency. But, the Voyager platform was a "house of cards," the complaint says, and…
“There are a few key steps that employers can take now to prepare for the shift from not being able to fill open roles to facing the potential downsizing of workforces.” As economists and news outlets inform us daily, a recession ...
“In the span of a week, the NLRB signed Memoranda of Understanding (‘MOU’) with both the Federal Trade Commission and the U.S. Department of Justice's Antitrust Division.” July was a busy month for the National Labor Relations Boa...
A new CFTC no-action letter gives foreign-based nonbank swap dealers additional time-limited relief from CFTC capital and financial reporting requirements if the swap dealers comply with their home country’s reporting rules. The C...
New investor bulletin outlines the risks of unregistered offerings and provides questions that investors should ask when thinking about buying private placement securities. The SEC’s Office of Investor Education and Advocacy has i...
The consumer acknowledged that “slack fill”—the food packaging industry practice of leaving empty space in packaging—is for various reasons recognized by federal and state regulations but argued that none of those reasons justifie...
The complaint failed to plausibly allege that a reasonable consumer would not be able to obtain information about the products containing Phenibut. A New York district court dismissed a case brought against the maker of energy dri...
The Federal Reserve is tracking and releasing supervisory guidance on a number of new technological developments in the banking industry as banks face new challenges. Federal Reserve Board Governor Michelle W. Bowman, in her speec...
State regulators said they were encouraged by the more closely aligned standards. The Federal Housing Finance Agency and Government National Mortgage Association (Ginnie Mae) together announced updated minimum financial eligibilit...
The complaint put "no such meat on the bones" and this conclusory language untethered from specific facts did not defeat the abstract idea exception. A motion to dismiss by defendants Rhythm Management Group, LLC, and Rhythm Manag...
The on-sale bar prevents a person from obtaining a patent if the claimed invention was on sale or otherwise available to the public prior to the effective filing date of the claimed invention. An alleged infringer’s prescription d...
The mental health and substance abuse providers claimed that the insurers falsely accused them of crimes. A group of treatment providers adequately alleged RICO claims against some insurance companies and their leadership they nam...
The consumer failed to allege a violation of the NYGBL against the manufacturer, because he based his claim on alleged violations of federal food and drug statutes and regulations with no private right of action. A consumer failed...
Stapler manufacturers failed to convince the court that a couple’s third amended complaint did not provide sufficient facts to support their claim that the stapler used in the patient’s surgery was defective and caused her injury....
The testimony of one of the claimants’ experts was found to be relevant to a failure-to-warn claim made against the manufacturer, while the other expert’s opinions were excluded for being unreliable and unhelpful to a jury. In an ...