“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…

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 (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…

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…

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,…

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…

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…

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…

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…