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  • DESIGN AND MANUFACTURING DEFECTS—SPORTS AND RECREATIONAL EQUIPMENT—S.D.N.Y.: Leg press maker wins summary judgment in user’s head injury suit

    DESIGN AND MANUFACTURING DEFECTS—SPORTS AND RECREATIONAL EQUIPMENT—S.D.N.Y.: Leg press maker wins summary judgment in user’s head injury suit

    DESIGN AND MANUFACTURING DEFECTS—SPORTS AND RECREATIONAL EQUIPMENT—S.D.N.Y.: Leg press maker wins summary judgment in user’s head injury suit
    September 30, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
    The user failed to establish that the subject leg press was defectively designed or carried inadequate warnings after the exclusion of her expert evidence. In an action brought against an equipment manufacturer by a woman who suffered a head injury when a leg press carriage fell on her as she remained seated post exercise, a federal district court in New York granted summary judgment to the manufacturer. The court excluded the user’s primary expert for fai...
FRAUD AND MANIPULATION—S.D. Cal.: Pharma company ducks securities fraud claim for lack of loss causation

FRAUD AND MANIPULATION—S.D. Cal.: Pharma company ducks securities fraud claim for lack of loss causation

September 29, 2026 | By Lene Powell, J.D.
While the company may have acted fraudulently, the plaintiffs failed to show that the alleged fraud actually caused their losses. A California federal district court again dismissed an action against ...
LABOR—LAYOFFS—9th Cir.: Shareholders of bankrupt airline were ‘employers’ under Hawaii’s Dislocated Workers Act

LABOR—LAYOFFS—9th Cir.: Shareholders of bankrupt airline were ‘employers’ under ...

September 30, 2026 | By Ronald Miller, J.D.
The appeals court left it to the district court to determine whether Ohana and the Ellison Trust’s employer status may be decided as a matter of law or must be submitted to a jury. Following the bankruptcy filing of Hawaii Island Air, the Ninth Circuit affirmed a district court’s ruling that the owners of two-thirds of the airline’s stock—the Au Defendants—were an “employer” under Hawaii’s Dislocated Workers Act. However, the appeals court reversed the lower court’s rulings as to employer…
FEDERAL PREEMPTION—6th Cir.: Sixth Circuit rules Ohio, Tennessee may apply gambling laws to Kalshi sports-related trading

FEDERAL PREEMPTION—6th Cir.: Sixth Circuit rules Ohio, Tennessee may apply gambling ...

September 28, 2026 | By Lene Powell, J.D.
The ruling deepens a federal appellate split over whether states can regulate prediction markets trading. The Sixth Circuit resolved appeals arising in Ohio and Tennessee by ruling that sports-related event contracts on the Kalshi predictions market are not “swaps” and do not fall within the CFTC’s exclusive jurisdiction. A three-judge panel decided that even if the contracts are swaps, the Commodity Exchange Act (CEA) neither expressly nor impliedly preempts Ohio’s or Tennessee’s gambling…
Agencies Obstructed Review of DOGE’s Adherence to Data Protection Rules, GAO Says

Agencies Obstructed Review of DOGE’s Adherence to Data Protection Rules, GAO Says

September 29, 2026 | By Tom Leithauser
Several federal agencies refused to provide information to the Government Accountability Office for a probe into whether personnel from the Department of Government Efficiency (DOGE) adhered to privacy and cybersecurity standards in their work at the agencies, GAO said in a report published today. The Consumer Financial Protection Bureau went so far as to accuse GAO of “serving at the behest of a few congressional members to harass and impede the CFPB and its efforts to implement the…
MEDICARE OVERPAYMENTS AND UNDERPAYMENTS—D.D.C.: Michigan loses appeal of decades-old CMS disallowances of $195 million in Medicaid payments

MEDICARE OVERPAYMENTS AND UNDERPAYMENTS—D.D.C.: Michigan loses appeal of decades-old ...

September 29, 2026 | By Justin Marcus Smith, J.D.
The court acknowledged that analyzing Michigan’s challenge to the psychiatric facility exception for disproportionate share hospital payments required “swinging vine to vine through a jungle of statutory and regulatory provisions.” Disproportionate share hospital (DSH) Medicaid payments to two psychiatric hospitals owned and operated by the State of Michigan were subject, without exception, to the institutions for mental diseases (IMD) exclusion from eligibility for Medicaid funding, held the…
FINANCIAL TECHNOLOGY—Treasury issues Stablecoin Certification Review Committee interim final rule

FINANCIAL TECHNOLOGY—Treasury issues Stablecoin Certification Review Committee interim ...

September 29, 2026 | By Sherri M. Schroeder, J.D.
The regulations prescribe the certification form and set out a process to facilitate the Committee's approval or denial of the certifications submitted by state payment stablecoin regulators under the GENIUS Act. The U.S. Department of the Treasury has issued an interim final rule, effective Sept. 30, 2026, that sets out the process by which the Stablecoin Certification Review Committee will approve or deny certifications submitted by state payment stablecoin regulators under section 4(c)(4)…
COPYRIGHT—N.D. Ill.: Outsider artist Henry Darger’s property and copyright dispute headed to trial

COPYRIGHT—N.D. Ill.: Outsider artist Henry Darger’s property and copyright dispute ...

September 29, 2026 | By Wendy Biddle, J.D.
Conflicting accounts of the late artist’s final months leave genuine factual disputes regarding gift, abandonment, and intellectual property ownership. In a dispute over the physical works and intellectual property of late outsider artist Henry Joseph Darger, the U.S. District Court for the Northern District of Illinois denied cross-motions for summary judgment filed by Darger’s estate and his former landlords. The court held that the evidentiary record yields competing reasonable inferences…
FRANCHISING & DISTRIBUTION—N.D. Ill.: Suit alleging racial discrimination against Black McDonald’s franchisees dismissed in large part

FRANCHISING & DISTRIBUTION—N.D. Ill.: Suit alleging racial discrimination against ...

September 29, 2026 | By Donielle Tigay Stutland, J.D.
All but one claim of a single franchisee was dismissed. The federal district court in Chicago, Illinois dismissed in large part a suit brought by 31 Black McDonald’s franchisees alleging Black that McDonald’s steered them into underperforming stores in high-crime neighborhoods and then treated them worse than White franchisees in inspections, rent relief, renovations, growth opportunities, rewrites, and store sales, in violation of 42 U.S.C. §§ 1981 and 1982 and Illinois fraudulent-concealment…
STATUTORY AUTHORITY—BABY PRODUCTS—D.D.C.: Safety statement regarding weighted baby blankets not sufficiently supported by record; case remanded to CPSC

STATUTORY AUTHORITY—BABY PRODUCTS—D.D.C.: Safety statement regarding weighted baby ...

September 29, 2026 | By Leah S. Poniatowski, J.D.
The manufacturer established that the issue was reviewable, but CPSC’s basis for its decision was not clear enough to support a ruling. In a lawsuit filed by a manufacturer of weighted baby blankets and swaddles against the Consumer Product Safety Commission (CPSC) for publishing a statement that the products were dangerous, the federal district court for the District of Columbia determined that there was not adequate evidence in the record to support the statement and ordered the matter be…
DISCRIMINATION—RACE—9th Cir.: White employee revives hostile work environment claim tied to racial justice training

DISCRIMINATION—RACE—9th Cir.: White employee revives hostile work environment claim ...

September 29, 2026 | By Todd Harrison, J.D.
Among other things, the employee allegedly overheard trainers say that “white people are cannibals,” that “racism is in white people’s DNA,” and that “white people are like the devil.” Reversing in part a district court’s grant of summary judgment in favor of the City of Seattle against the racial discrimination claims asserted by a former city employee, the Ninth Circuit determined that the evidence presented by the employee, accepted as true, would show that he was subjected to racially…

EXPERT INSIGHTS—California expands bereavement leave to cover extended and chosen family: 3 key changes for employers
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September 30, 2026 | By Arthur L. Ramirez
SB 1149 expands the list of applicable individuals to include a designated person chosen by the employee. California employees will soon be able to take bereavement leave when an extended relative or someone they consider family d...

EXPERT INSIGHTS—Out of the office, but at the bargaining table: remote and hybrid work move into collective bargaining
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September 30, 2026 | By Keith C. Mier & David B. Block
Employers have often treated remote work as a flexible workplace policy, or something that can be expanded, modified or withdrawn as business needs change. Two recent labor developments at DreamWorks Animation and Blizzard Enterta...

SEC NEWS AND SPEECHES—Agencies Obstructed Review of DOGE’s Adherence to Data Protection Rules, GAO Says
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September 29, 2026 | By Tom Leithauser
The SEC said it gave a DOGE team member read-only access to its PRISM system, but GAO did not receive enough information to validate that claim. The SEC was among the federal agencies that refused to provide information to the Gov...

FRAUD AND MANIPULATION—N.D.N.Y.: Plug Power misled investors about problems facing new hydrogen plant
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September 29, 2026 | By R. Jason Howard, J.D.
It is possible to hold the defendants liable for warning of hypothetical risks that had already materialized. The Northern District of New York has granted in part, and denied in part, a motion to dismiss a putative class action b...

Administration’s ‘Secretive’ AI Cyber Testing Program Lacks Teeth, Senators Say
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September 29, 2026 | By Tom Leithauser
The Trump administration’s “delayed, secretive, and voluntary process” for pre-deployment testing of cyber-capable AI (artificial intelligence) models lacks teeth, according to Sens. Richard Blumenthal (D., Conn.) and Elizabeth Wa...

Citing AI Hacking Incidents, Florida AG Asks Court to Enjoin OpenAI
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September 29, 2026 | By Tom Leithauser
Florida Attorney General James Uthmeier (R.) yesterday asked a state court for an injunction that would block any further development of AI (artificial intelligence) models by OpenAI until the company enacts security measures, inc...

HEALTH CARE EMPLOYMENT ISSUES—D.S.C.: Physician’s retaliation suit against Shriners Hospital can proceed
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September 29, 2026 | By Donielle Tigay Stutland, J.D.
The physician plausibly alleged a wrongful discharge in violation of public policy claim: he “was asked by [his] employer to violate the law, [he] refused to do so, and [he] was terminated as a result.” The federal district court ...

PRESCRIPTION DRUGS—E.D. Mo.: Healthcare associations allowed to intervene in Missouri 340B case
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September 29, 2026 | By WK Editorial Staff
The court allowed two healthcare associations to intervene in a constitutional challenge to Missouri’s protections for 340B contract pharmacies. The court permitted the Missouri Hospital Association and Missouri Primary Care Assoc...

BANKING OPERATIONS—NCRC urges OCC to reject Zerohash charter over managerial competence questions
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September 29, 2026 | By Lauren Bikoff, MLS
The proposed bank’s president/chief operating officer and chief trust officer positions remain vacant, although the application says they will be filled before operations begin. The National Community Reinvestment Coalition (NCRC)...

COMMUNITY DEVELOPMENT—OCC’s Gould touts community bank ‘comeback,’ military bank proposal
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September 29, 2026 | By Carrie DeLeon
Gould estimated that recent agency actions freed $64 billion in capital for deployment in communities and highlighted additional areas of regulatory and supervisory change. Comptroller of the Currency Jonathan Gould, speaking this...

PATENT—D. Del.: Patent asserted against Volvo Financial Services lacks 'inventive concept,' court finds
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September 29, 2026 | By Steven Melendez
A federal judge dismissed ModoPayments’ patent claim under the Alice standard while allowing copyright infringement claims to proceed. A federal court dismissed a patent claim brought by ModoPayments, LLC, against Volvo Financial ...

PATENT—Fed. Cir.: Google, YouTube preserve invalidation of targeted internet advertising patents on appeal
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September 29, 2026 | By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.
Selecting online advertisements using browsing history, page context, and revenue-based performance scores amounted to an abstract advertising concept implemented through generic computer functions. In a non-precedential dispositi...

ANTITRUST—N.D. Cal.: Battery buyers in three suits against Energizer denied class certification
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September 29, 2026 | By Justin Marcus Smith, J.D.
The plaintiffs’ experts presented DiD regression models which, on visual inspection, did not support the foundational parallel trends assumption. Indirect battery buyer plaintiffs who sued Walmart and Energizer Holdings, Inc. (Ene...

ANTITRUST—N.D. Cal.: Sherman Act count dismissed in suit against Microsoft over OpenAI Compute agreement
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September 29, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
Microsoft's ability to resume enforcement of the voluntarily-suspended exclusivity constraint on cloud compute hangs like "a sword of Damocles wielded by OpenAI’s own giant—and increasingly CGAI-focused—direct competitor." The fed...

DESIGN AND MANUFACTURING DEFECTS—MOTOR VEHICLE EQUIPMENT—D. Nev.: Court denies summary judgment on seat-heater design defect claim
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September 30, 2026 | By Susan L. Smith, J.D., M.A.
The court ruled that the jury must decide whether Lincoln seat heaters exceeded ordinary consumer expectations. The U.S. District Court for the District of Nevada denied a married couple's motion for partial summary judgment on th...

EVIDENTIARY ISSUES—MOTOR VEHICLES—N.D. Cal.: Motions in limine granted in part, denied in part in motorcycle crash case
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September 30, 2026 | By Susan L. Smith, JD, MA
The lawsuit alleges that a defective Harley-Davidson kickstand caused the crash. A federal district court in California reviewed the motions in limine of individuals who brought a product liability case against a motorcycle manufa...
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Expert Insights

  • Growing pushback to Automated License Plate Readers - Video Vital Briefing with Senior Analyst Tom Leithauser
  • Is Kalshi subject to state gambling laws? - Video Vital Briefing with Senior Analyst Lene Powell
  • 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
  • Equitable tolling for untimely Tax Court petitioners?

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