Judge Questions DraftKings Evidence Of 'Bonus' Fine Print

By Julie Manganis

A Massachusetts state judge on Tuesday said she had "a lot of questions" about the admissibility of a re-created screen image DraftKings wants to rely on to demonstrate that the lead plaintiff in a proposed class action was shown the terms of an allegedly deceptive bonus offer.

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Trump's CFPB Says It Can't Be Forced To Take Fed Money

By Hailey Konnath

The Trump administration said Monday that the Consumer Financial Protection Bureau is not obligated to take funding from the Federal Reserve, and a D.C. federal judge can't order it to do so, pushing back against a request from the labor union challenging the agency's dismantling.

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Judge Says Betting Case No 'Slam Dunk' For Kalshi Or Mass.

By Julie Manganis

A Massachusetts judge said Tuesday he's unlikely to decide before January whether state gambling regulators can pursue claims that prediction market operator KalshiEX is flouting sports betting laws, and if so, whether he should grant the state's request for an injunction.

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Expert Invoices Discoverable In J&J Talc MDL, Judge Says

By George Woolston

A New Jersey federal judge said Monday that the plaintiffs steering committee can receive invoices for Johnson & Johnson's experts' work relating to multidistrict litigation alleging the use of talcum powder caused ovarian cancer and mesothelioma, but only after it produces its own expert invoices.

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Uber May Win Sanctions On Atty Who Disclosed MDL Docs

By Bonnie Eslinger and Mike Curley

A California federal judge said Tuesday it appeared an attorney for plaintiffs claiming Uber failed to protect passengers from sexual assault "acted in a cavalier manner" with a protective order in the multidistrict litigation, but didn't rule on Uber's requests for monetary sanctions nor its bid to kick the attorney off the plaintiff steering committee.

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States Ask Justices To Curtail Federal Trucking Law Shield

By Y. Peter Kang

Ohio and 28 other states have urged the U.S. Supreme Court to hold that a federal trucking industry law can't shield freight brokers from certain state-based injury claims, arguing Congress did not intend to undermine states' authority over regulating road safety.

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Sens. Eye Final Stretch To Wrap Crypto Market Structure Bill

By Aislinn Keely

Sen. Cynthia Lummis, R-Wyo., said Tuesday that she's hoping to share a draft of a crypto market structure bill by the end of the week, but she may have to "cajole the White House" on ethics language and the appointment of Democrats to federal derivatives and securities agencies to get the bill across the finish line.

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Florida Bill Seeks To Shield Landowners From Pollution Suits

By Jonathan Capriel

A Florida lawmaker has introduced a bill that would add hurdles to those looking to sue over pollution damages caused by old phosphate mines, giving property owners a new defense to avoid strict liability claims.

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FINRA Flags GenAI Risks In Annual Oversight Report

By Sarah Jarvis

The Financial Industry Regulatory Authority said in a Tuesday report that firms "may want to consider" developing supervisory processes covering generative AI at an enterprise level, as well as steps to mitigate associated risks such as inaccuracy and bias.

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More Than 160 State Lawmakers Call For BEAD Fund Release

By Christopher Cole

A bipartisan group of more than 160 state legislators wants the Trump administration to quickly release money from a $42.5 billion federal internet service deployment fund that hasn't been spent yet on deploying infrastructure.

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CFPB Eyes 'Interim' Open Banking Rule As Funds Run Low

By Jon Hill

The Consumer Financial Protection Bureau said it plans to issue an "interim final" revamp of its open banking rule now that its funding is on the verge of running out, the latest move by the agency to prepare for a possible shutdown in the coming weeks.

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Republican FCC Commish Signals More 'Delete' Reg Actions

By Christopher Cole

A Republican member of the Federal Communications Commission said Tuesday the agency is looking at even more ways to reduce clutter on the telecom regulatory landscape.

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Conn. Seems Open To Limits On Drug Price Cap Enforcement

By Aaron Keller

The state of Connecticut suggested Tuesday that drug sales to the state were not the same as drug sales "in this state" as defined by state law, a stance drug manufacturers promised to leverage in their efforts to block an impending drug price cap.

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Brief

'Policy Corps' Aims To Promote Widespread US Connectivity

By Christopher Cole

A pair of public interest groups on Tuesday started a broad advocacy push for universal service reform and deploying more broadband to underserved areas.

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Conn. Barred From Taking Action Against Kalshi For Now

By Katryna Perera

A Connecticut federal judge has ordered the state to refrain from taking enforcement action against KalshiEX LLC, while the derivatives exchange's preliminary injunction motion is pending, in a suit seeking to prevent the Connecticut Department of Consumer Protection from directing Kalshi to cease operations within the state.

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Va. Says Vape Cos. Have No Standing To Challenge State Ban

By Mike Curley

The Virginia Attorney General and tax commissioner are urging a federal court to deny a bid to block enforcement of its ban on unapproved e-cigarettes, saying the companies leading the suit don't have standing because the products are federally illegal.

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Amazon Still Can't Claw Back FTC Probe Documents

By Bryan Koenig

A Washington federal judge refused Monday to reconsider his order allowing the Federal Trade Commission to hold on to documents produced in the investigation preceding its antitrust lawsuit accusing Amazon of creating an artificial pricing floor, concluding the online retail giant never clearly argued any material was produced "inadvertently."

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J&J Expert Tells Jury Women's Cancer Can't Be Traced To Talc

By Craig Clough

A University of San Diego gynecologic oncologist told a California jury Tuesday in a bellwether trial over claims that Johnson & Johnson's talc products caused two women's ovarian cancer that it is "impossible" to conclude why any particular person contracts the deadly disease. 

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HBO Max Subscribers Sue To Stop Netflix-Warner Bros. Deal

By Nadia Dreid

HBO Max subscribers slapped Netflix with one of the first proposed class actions seeking to halt the streaming behemoth's $82.7 billion plan to buy Warner Bros.' studio and streaming business, calling the deal "one of the more audacious horizontal mergers in recent memory."

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USAA Says Class Action 'Impossible' In Medical Billing Suit

By Ben Adlin

Two USAA units are fighting class certification in a lawsuit accusing the insurer of underpaying auto crash-related medical bills through the use of third-party claims software, arguing the patients' healthcare claims are too dissimilar to be litigated as a group.

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Minor Consented To Arbitration In Illegal Gambling Suit: Judge

By Caroline Simson

A California federal judge on Tuesday sent a proposed illegal gambling class action against the Israeli owner of popular mobile game Coin Master to arbitration, ruling that the minor plaintiff had sufficient notice of the arbitration provision when she registered to play.

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Chipotle Bowl Delivered By DoorDash Had 'Rodent,' Suit Says

By Rae Ann Varona

A New York woman has sued Chipotle, DoorDash and one of the food delivery company's "dashers," alleging in a complaint filed in New York state court that she "bit into a rodent" concealed in a burrito bowl she had delivered from the fast-casual restaurant chain.

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Wash. Justices To Review Immunity In $2.3M Ambulance Case

By Ben Adlin

Washington's highest court will review a $2.3 million verdict over a cancer patient's death in an ambulance crash, agreeing to consider what the ambulance operator called a "double standard" in an appeals court ruling that it said would grant immunity to crews transporting patients experiencing mental health crises, but not those in need of physical care.

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Amex Inks Deal After $12M Antisteering Rule Verdict In NY

By Katryna Perera

American Express Co. has reached a settlement with consumers who claim the credit card company's so-called antisteering rules cause non-Amex cardholders to pay higher charges, signaling a potential end to a class action suit after a New York federal jury ordered Amex to pay $12 million to one class of consumers.

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Alaska And Juul Settle Vape Youth Suit For $5.8M

By Jonathan Capriel

Juul Labs Inc. has agreed to pay $5.8 million to end claims it targeted young people in Alaska, according to an agreement the state and company signed that requires Juul to adhere to strict marketing and age-verification rules.

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Insurer Says Whistleblower Stole Docs In Medicare FCA Case

By Chris Villani

An insurer accused of running a kickback scheme to steer customers to its Medicare Advantage plan is seeking to question the whistleblower that sparked the False Claims Act suit, telling a Massachusetts federal judge on Tuesday that he snapped unauthorized photos of company files.

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Fertility Clinic Can't Nix Claims It Gave Data To Google, Meta

By Gina Kim

An Illinois fertility clinic must face a proposed class action alleging it invades patient privacy by sharing their personal information and website activities with Google and Meta without consent, after a federal judge has said the plaintiff has standing since the exposure of her private information is a concrete, particularized injury. 

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GM Says Air Condition Claims Too Individual For Class Cert.

By Emily Field

General Motors LLC on Monday urged a Michigan federal judge to reject a new request to certify a proposed class of consumers who allege the automaker sold vehicles with air conditioning defects, pointing to recent Sixth Circuit rulings to argue that the claims are too individual to be grouped in a class.

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Smucker Pet Food Buyers Near Cert. In PFAS Disclosure Fight

By Dorothy Atkins

A California federal judge said Tuesday he's inclined to certify a class of consumers who allege The J.M. Smucker Co. failed to disclose risks of so-called PFAS forever chemicals in pet-food packaging contaminating kibble, telling counsel during a hearing that many issues Smucker raises "are better addressed on the merits."

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How AI Exec Order May Tee Up Legal Fights With States

The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.

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Recent Proposals May Spell Supervision Overhaul For Banks

A slew of rules recently proposed by the federal banking agencies with approaching comment deadlines would rewrite supervision standards to be further tailored to banks' size and activities, while prioritizing financial risks over process, documentation and other nonfinancial risks, say attorneys at Davis Wright.

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How MAHA Is Taking Shape At The State Level

The national spotlight on the federal government's Make America Healthy Again movement is bolstering state-level actions regarding potential health impacts of certain food ingredients, increasing the difficulty and importance of maintaining effective compliance programs, say attorneys at Cooley.

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AI Evidence Rule Tweaks Encourage Judicial Guardrails

Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

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Bonus Spotlight

Litigation Shops Paying Above-Market Bonuses, Reports Say

By Andrea Keckley

Litigation boutiques Yetter Coleman LLP and Dunn Isaacson Rhee LLP are giving above-market bonuses to their associates, according to reports from Above the Law and Bloomberg.

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Jack Smith To Launch Firm With Willkie Partner, 2 Ex-Deputies

By Jack Rodgers

Jack Smith, the former Justice Department special counsel appointed to investigate President Donald Trump, is set to launch his own firm alongside two of his former top deputies and the co-chair of Willkie Farr & Gallagher LLP's investigations and enforcement practice.

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Judge Bove Faces Complaint Over Trump Rally Attendance

By Courtney Bublé

U.S. Circuit Judge Emil Bove, who previously served as President Donald Trump's personal defense attorney and a top official at the U.S. Department of Justice, has been hit with a judicial misconduct complaint for his appearance at a Trump event on Tuesday night.

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Analysis

Wanted: Temporary US Attorney, No Experience Needed

By Phillip Bantz

Frustrated by a string of court rulings disqualifying several of his U.S. attorney picks, President Donald Trump lamented recently that he might "just have to keep appointing people for three months and then just appoint another one, another one." Experts say the idea raises legal and practical issues.

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Akerman Beats Healthcare Cos.' Bid To Escape Fee Suit

By Madison Arnold

Akerman LLP can continue its fees lawsuit against Rennova Health Inc. and other defendants after they lost their motion to dismiss the suit for being "facially time-barred, factually flawed and legally indefensible," a Florida state judge has ruled.

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Fla. Atty Faces Bar Referral Over 'Hallucinated' Case In Filing

By Madison Arnold

A Florida appeals court will refer an attorney to the state's Bar after she filed a brief that included a "hallucinated" case.

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AGs Say Judicial Safety Threats Reaching 'All-Time Highs'

By Matthew Santoni

Attorneys general for 43 states, three territories and the District of Columbia signed a letter to Congress urging more financial support for judicial security in the face of threats against judges, including funding for a program that lets judges scrub addresses and personal information from online databases.

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Disciplined Attys Want High Court's Take On Judge Criticism

By David Minsky

A father-daughter team of attorneys have brought a petition to the U.S. Supreme Court challenging their suspensions for criticizing a Florida state judge who reversed a $2.75 million jury verdict in favor of their client in a racial discrimination lawsuit, saying their comments are protected by the First Amendment. 

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McIver's Immunity Disputed In Detention Center Assault Case

By Elizabeth Daley

Federal prosecutors asked a New Jersey federal judge to maintain all charges against U.S. Rep. LaMonica McIver, who was accused in an indictment of assaulting federal officers outside an immigration detention center during a scrum in which the mayor of Newark was arrested in May.

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Regulate AI With Existing Regs, Financial Industry Lobby Says

By Sarah Jarvis

The Financial Services Institute on Wednesday recommended that regulators apply existing rules and standards to artificial intelligence, saying they should use new rules only when AI brings "genuinely new issues or significantly alters existing risks."

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