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 facts on all of the claims, including…

The prior circuit rule held that lack of movement in the stock price following the truthful disclosure proved a false statement’s immateriality. The Third Circuit has reconsidered its approach to judging materiality in federal securities fraud cases in light of Supreme Court precedent that called into question the circuit’s continued use of a “categorical” approach. Under the prior approach, the lack of movement in a company’s stock price following a truthful disclosure conclusively proved a…

Developers of AI (artificial intelligence) systems that engage in autonomous hacking could be held liable under state tort laws, but both state and federal laws need updates so that civil and criminal liability can be assigned when AI agents misbehave, a Senate subcommittee was told yesterday. A start would be enactment of a comprehensive federal privacy law “to reduce the likelihood that attacks by AI agents will invade the personal privacy of individuals ... through the theft or disclosure…

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 federal district court granted summary judgment to the HHS Secretary and rejected organ procurement organizations’ challenge to a CMS final rule that ranks organizations using donation and organ transplantation rates. The court held that it could review the claims because the regulatory scheme…

The Fed adopted two final stress test rules and proposed a revised noninterest income model for the 2027 stress test. The Federal Reserve Board has finalized two rules that require annual public input on its supervisory stress test models and scenarios and that average stress test results over two years when setting stress capital buffer requirements, according to a Fed press release. The Fed also requested comment on a revised noninterest income model for the 2027 stress test. Governor…

The Cubs established that an unlicensed neighboring rooftop was misappropriating the live-game experience and infringing team trademarks, although its false advertising claim failed. The Chicago Cubs won summary judgment on trademark infringement, misappropriation, unjust enrichment, and state-law unfair competition claims against a neighboring rooftop business that continued selling tickets to watch games at Wrigley Field after a 20-year licensing arrangement expired. A federal district court…

The court only dismissed one parent company because there was no facial indication that it participated in or ratified the alleged price-fixing scheme. Industrial equipment renters plausibly alleged that various rental companies and Rouse Services LLC (Rouse), a construction equipment information services company, entered into an unlawful agreement in both restraint of trade and information exchange, held the federal district court in Chicago. The court also found the plaintiffs alleged…

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,…

“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…