MHRA Field Safety Notices - February 23-27, 2026

The MHRA has published a list of five Field Safety Notices (FSNs) issued between February 23-27, 2026, for medical devices. These notices are for informational purposes, and recipients are advised to contact the manufacturer with any questions.

Ninth Circuit Opinion on Corporate Authority and Jurisdiction in Bankruptcy

The Ninth Circuit Court of Appeals issued an opinion concerning corporate authority and jurisdiction in a bankruptcy case involving Parks Diversified, L.P. The opinion addresses appeals related to the debtor and various holding companies and individuals. The case consolidates multiple appeals concerning these issues.

Ninth Circuit: Bankruptcy Petition Without Corporate Authority Not Jurisdictional

The Ninth Circuit Court of Appeals ruled that a bankruptcy petition filed without proper corporate authority is not a jurisdictional defect. This decision clarifies the requirements for filing bankruptcy and impacts how courts handle such cases. The ruling addresses appeals related to bankruptcy proceedings involving Parks Diversified, L.P.

Ninth Circuit: Bankruptcy Court Jurisdiction Upheld Despite Lack of Corporate Authority

The Ninth Circuit Court of Appeals upheld bankruptcy court jurisdiction in a case involving Parks Diversified, L.P., despite questions regarding corporate authority. The ruling clarifies jurisdictional boundaries in complex bankruptcy proceedings.

Parks Diversified, L.P. v. Forsythe - Bankruptcy Jurisdiction Appeal

The Ninth Circuit Court of Appeals issued an opinion in the bankruptcy case of In re: Parks Diversified, L.P. v. Forsythe. The appeal concerns issues of bankruptcy jurisdiction, corporate authority, and judicial efficiency. The court's decision addresses the scope of bankruptcy court powers and the procedural handling of complex corporate bankruptcies.

Ninth Circuit: Bankruptcy Court Retains Jurisdiction Despite Unauthorized Petition

The Ninth Circuit Court of Appeals ruled that a bankruptcy court retained jurisdiction over a case despite the filing of an unauthorized petition. This decision clarifies jurisdictional boundaries in bankruptcy proceedings involving complex corporate structures and multiple related entities.

Ninth Circuit Opinion: Bankruptcy Jurisdiction and Corporate Authority

The Ninth Circuit Court of Appeals issued an opinion regarding subject-matter jurisdiction and corporate authority in a bankruptcy case involving Parks Diversified, L.P. The court addressed multiple appeals related to the dismissal of certain claims and the scope of corporate authority in bankruptcy proceedings.

Pinilla Perez v. Bondi - Noncitizen Removal Proceedings Deadline

The Second Circuit Court of Appeals granted a petition challenging the Board of Immigration Appeals' denial of a motion to reopen removal proceedings. The court found the BIA provided insufficient reasons for denying equitable tolling of the 90-day deadline for filing such motions.

US v. Cardenas - Court of Appeals Opinion

The Second Circuit Court of Appeals vacated the conviction of Jey James Roldan Cardenas for conspiracy to import cocaine. The court found that the district court erred in excluding evidence relevant to Cardenas's state of mind, potentially impacting his defense.

Lanesborough 2000 LLC v. Nextres LLC - Court Opinion

The Second Circuit Court of Appeals decided Lanesborough 2000 LLC v. Nextres LLC, affirming in part and vacating in part a district court's judgment on an arbitration award. The court found the contractual waiver of the right to appeal ambiguous and remanded the case for further proceedings regarding an injunction of a state-court action.

Broadcast Music v. North American Concert Promoters - Antitrust Licensing Fees

The Second Circuit Court of Appeals vacated a district court's decision regarding music licensing fees set by Broadcast Music, Inc. (BMI) for the North American Concert Promoters Association (NACPA). The court found the district court imposed unreasonable rates and an expanded definition of gross revenues, remanding the case for further proceedings.

Care One LLC v. NLRB - Court Opinion on Unfair Labor Practice Proceedings

The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction sought by Care One LLC and its affiliates. The healthcare facilities sought to halt NLRB proceedings, arguing the ALJ was unlawfully appointed and protected from removal. The court found the plaintiffs could not demonstrate irreparable harm.

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24-149_opn.pdf

US v. Woods - Competency to Stand Trial Ruling

The Second Circuit affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period for competency restoration. The ruling clarifies the application of 18 U.S.C. § 4241(d)(2)(B) regarding continued hospitalization when a defendant is found incompetent to stand trial.

Duke v. Luxottica - ERISA Retirement Plan Class Action

The Second Circuit Court of Appeals ruled on an ERISA class action against Luxottica, concerning allegations of outdated actuarial assumptions in calculating retirement plan benefits. The court affirmed the plaintiff's standing for plan reformation but reversed the monetary payment claim, and held that the effective vindication doctrine precludes mandatory arbitration for claims on behalf of the plan.

McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal

The Second Circuit Court of Appeals affirmed in part and vacated in part a district court's ruling in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of the false copyright management information claim but vacated the dismissal of copyright infringement claims, remanding for further proceedings.

Reidy Contracting Group vs Mt. Hawley Insurance - Insurance Coverage Dispute

The Second Circuit affirmed a district court ruling that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group. The court found Reidy to be an additional insured under Mt. Hawley's excess liability policy issued to subcontractor Vanquish Contracting Corporation, and that the Employers Liability Exclusion did not bar coverage due to ambiguity.

SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation

The Second Circuit affirmed a district court's order granting SBK ART LLC's petition for discovery under 28 U.S.C. §1782 for use in foreign litigation. The court disagreed with Akin Gump Strauss Hauer & Feld LLP's argument that discovery should be denied if not discoverable from the foreign client.

Mar-Can Transport v. Local 854 Pension Fund - ERISA Withdrawal Liability

The Second Circuit affirmed a lower court's decision, reducing Mar-Can Transportation Company's withdrawal liability from the Local 854 Pension Fund by $1.8 million. The ruling interprets an ERISA provision concerning asset and liability transfers when an employer changes union representation.

CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act and FCRA

The Second Circuit Court of Appeals ruled on a case involving alleged violations of the Fair Housing Act and the Fair Credit Reporting Act by CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the district court's decision, impacting how rental screening practices are evaluated under these laws.

United States v. Jimenez - Sentencing Appeal

The Second Circuit Court of Appeals affirmed the district court's sentencing of William Jimenez to 105 months imprisonment and three years of supervised release. Jimenez appealed three special conditions of his supervised release, but the court found they were adequately supported by the record.

US v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed

The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivan Joel Aryeetey for being a felon in possession of a firearm. The court found no abuse of discretion in admitting DNA evidence and deemed the sentence substantively reasonable.

Safdieh v. Commissioner - Tax Penalties

The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue may assess penalties for failing to report foreign business control. The court vacated the lower court's order and remanded the case for further proceedings.

USA v. Boylan - Criminal Case Opinion

The Ninth Circuit affirmed the conviction of Jerry Boylan, former captain of the M.V. Conception, for seaman's manslaughter. The court held that 18 U.S.C. § 1115 requires negligence, not gross negligence, and found any error in jury instructions to be harmless.

USA v. Boylan - Manslaughter Conviction Affirmed

The Ninth Circuit affirmed Jerry Boylan's conviction for seaman's manslaughter related to the Conception fire that killed 34 people. The court held that 18 U.S.C. § 1115 requires negligence, not gross negligence, and found any error in jury instructions to be harmless.

Colorado Bill Allows Online Publication of Legal Notices

Colorado bill HB26-1095, introduced for the 2026 Regular Session, proposes to allow certain local governments the discretion to publish legal notices online instead of in physical print newspapers. The online publication must be free to access.

Colorado Bill Increases DRIVES Account Funding

Colorado Bill HB26-1102 proposes to increase funding for the Colorado DRIVES vehicle services account by redirecting portions of late vehicle registration fees and introducing new fees for missed appointments. These changes are set to take effect at various points between July 2026 and July 2027.

Colorado Statewide Homelessness Strategy and Local Authorities Bill

Colorado Bill HB26-1202 requires the Department of Local Affairs to propose a statewide homelessness strategy by January 2027. It also allows local governments to form multijurisdictional homelessness authorities and use documentary fees for affordable housing.

Colorado Bill: Improve Customer Use of Distributed Energy Resources

Colorado Bill HB26-1007 aims to improve customer use of distributed energy resources by defining portable-scale solar generation devices and prohibiting utilities from requiring prior approval for their installation or use. The bill mandates that commission-regulated utilities, as well as municipally owned utilities and cooperative electric associations, must allow customer ownership and use of meter collar adapters and prohibit production meters as an interconnection condition for customer-sited distributed energy resources.

Colorado Bill Protects Vulnerable Adults from Financial Exploitation

Colorado Bill HB26-1110, the ASSET Act, requires financial institutions to report suspected financial exploitation of vulnerable adults to law enforcement and may authorize delays in disbursements. The bill aims to protect eligible adults from financial exploitation by financial institutions.

Colorado Bill on Maternal Health Equity and Continuing Education

Colorado's HB26-1044 mandates measures to improve Black maternal health equity, including continuing education for obstetric professionals, public display of respectful maternity care principles, and enhanced reporting of severe maternal morbidity or death incidents. The bill introduces penalties for discriminatory or negligent misconduct by healthcare facilities and practitioners.

Colorado Combative Sports Office Continuation and Terminology Update

Colorado Bill HB26-1194 continues the office of combative sports and commission until 2037, updating terminology and safety data collection requirements. The bill also modifies disciplinary grounds and introduces new financial interest restrictions for promoters, matchmakers, and managers.

Homeless Prevention Activities Program Restructure

Colorado Bill HB26-1192 proposes restructuring the homeless prevention activities program. The bill would eliminate the program's advisory committee and grant the division of housing enhanced administrative and enforcement powers over program standards and fund allocation.

Colorado Bill Expands Illicit Massage Business Definition

Colorado HB26-1257 proposes to expand the definition of an "illicit massage business" to include businesses engaging in crimes beyond human-trafficking-related offenses. The bill also removes restrictions on local governments regarding licensing requirements and allows for additional grounds to deny, revoke, or suspend licenses.

Colorado Designates Emergency Medical Services as Essential Services

Colorado Bill HB26-1238 proposes to designate emergency medical services, including ambulance and air ambulance services, as essential services within the state. The bill aims to integrate these services into public safety systems and outlines provisions for reimbursement and funding from state accounts.

Colorado Bill HB26-1134: Right to Counsel in Municipal Courts

Colorado Bill HB26-1134 aims to ensure municipal court defendants have the same right to counsel as state court defendants. The bill clarifies defense counsel's rights and prohibits flat-fee payment structures for indigent defense in municipalities prosecuting domestic violence cases. It also mandates open proceedings and prompt case resolution.

Colorado Bill Requires Baby Diaper Changing Stations in Public Restrooms

Colorado Bill HB26-1130 requires buildings with public restrooms to install baby diaper changing stations by July 1, 2027. Building owners must ensure stations are safe, sanitary, and clearly signed, with exceptions for historic structures or accessibility conflicts.

Colorado Affordable Home Ownership Program Bill Update

Colorado bill SB26-040 proposes changes to the state's affordable home ownership program. Key amendments include clarifying income eligibility requirements for housing units and allowing modifications to monthly housing cost percentages under certain conditions. The bill also addresses local affordability mechanisms and potential rental of program units.

Colorado Bill Reduces Collective Bargaining Barriers

Colorado HB26-1005 proposes amendments to the "Labor Peace Act" to reduce barriers to collective bargaining negotiations. Key changes include clarifying mandatory subjects of bargaining and eliminating the requirement for a second election for union security agreements. The bill aims to promote good faith negotiations between employers and employees.

Commerce: L-lysine from China Antidumping Duty Investigation Preliminary Determination

The U.S. Department of Commerce has made a preliminary affirmative determination in the antidumping duty investigation of L-lysine from China. The investigation found weighted-average dumping margins ranging from 41.22% to 72.18% for various Chinese producers and exporters.

Commerce Final Affirmative Determination on Steel Bar from Algeria

The U.S. Department of Commerce has made a final affirmative determination in the antidumping duty investigation of steel concrete reinforcing bar from Algeria. The weighted-average dumping margin for Tosyali Iron Steel Industry Algeria SPA and all-others is 127.32%. The International Trade Commission will make a concurrent injury determination.

National Consumer Protection Week Announced by DORA

The Colorado Department of Regulatory Agencies (DORA) announced its participation in National Consumer Protection Week, observed March 1-7, 2026. DORA and its nine divisions will highlight consumer awareness and education campaigns to inform Coloradans about available resources.

PlayOn Sports Fined $1.10M for Privacy Violations

The California Privacy Protection Agency has fined PlayOn Sports $1.10 million for privacy violations related to student data and targeted advertising. The company must also change its data collection and opt-out practices.

Avila v. Meta Platforms Inc. - Personal Injury Product Liability

A new product liability lawsuit, Avila v. Meta Platforms Inc., was filed on March 3, 2026, in the U.S. District Court for the Northern District of California. The case involves personal injury claims against Meta Platforms Inc. and other defendants.

Randolph v. Veev Group, Inc. et al - Labor: Other

A new civil case, Randolph v. Veev Group, Inc. et al, was filed on March 3, 2026, in the U.S. District Court for the Northern District of California. The case involves a Notice of Removal from Alameda Superior Court and concerns Labor: Other. The initial filing fee was $405.

H. v. Uber Technologies, Inc. - Personal Injury Product Liability

A new civil case, H. v. Uber Technologies, Inc. et al., was filed on March 3, 2026, in the U.S. District Court for the Northern District of California. The case involves claims of personal injury and product liability against Uber Technologies, Inc. and its affiliates.

Roe CL 284 v. Uber Technologies, Inc. - Personal Injury Product Liability

A new civil case, Roe CL 284 v. Uber Technologies, Inc. et al, was filed on March 3, 2026, in the U.S. District Court for the Northern District of California. The case is based on diversity jurisdiction and involves claims of personal injury and product liability. The initial filings include a complaint and proposed summons.

Monterey Waterkeeper v. County of Santa Cruz - Environmental Matters

Monterey Waterkeeper has filed a complaint against the County of Santa Cruz in the U.S. District Court for the Northern District of California. The case, identified by case number 5:26-cv-01827, concerns environmental matters and was filed on March 3, 2026.

Pfister v. Costco Wholesale Corporation - Civil Case Filing

A civil case, Pfister v. Costco Wholesale Corporation, was filed on March 3, 2026, in the U.S. District Court for the Northern District of California. The case was removed from the Superior Court of California, Contra Costa County, by Costco Wholesale Corporation.

Drayden v. United States of America - Civil Case Filing

A new civil case, Drayden v. United States of America, was filed on March 3, 2026, in the U.S. District Court for the Northern District of California. The case involves a complaint filed by Craig M. Drayden against the United States of America. The filing fee was $405.