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September 16, 2025
CVS Caremark Takes $290M Overbilling Judgment To 3rd Circ.
CVS's pharmacy benefits manager will appeal a judgment against the company that was recently increased from $95 million to $290 million in a suit alleging it overbilled Medicare Part D-sponsored drugs, according to a notice of appeal filed in Pennsylvania federal court.
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September 16, 2025
Feds Oppose Sierra Club's Bid To Freeze $50M In Border Funds
The Trump administration told a California federal court Monday that forcing it to honor a settlement agreement between the Sierra Club and the Biden administration to use $50 million in border security funds on environmental projects would place the government between two conflicting court orders.
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September 15, 2025
Jazz Loses Bid To Block Avadel From Seeking Sleep Drug OK
Jazz Pharmaceuticals Inc. cannot block Avadel CNS Pharmaceuticals LLC from seeking U.S. Food and Drug Administration approval for its sleep disorder treatment, a Delaware federal judge ruled, saying the act of seeking FDA approval is not an infringing activity that can be enjoined.
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September 15, 2025
Rent The Runway Gets Investor Suit Trimmed On 2nd Look
Designer dress rental company Rent the Runway convinced a New York federal judge to trim certain shareholder claims against it after the judge reconsidered an earlier ruling on a putative class action suit that alleges the company failed to inform investors about major challenges it was facing prior to its 2021 initial public offering.
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September 15, 2025
AbbVie Settles Rinvoq Litigation, Blocks Generics Until 2037
AbbVie Inc. has settled litigation with drug manufacturers, blocking generic versions of its immunosuppressant Rinvoq drug from the market for just over a decade and closing out litigation that accused generic-drug makers of infringing a slew of its patents.
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September 15, 2025
Chancery OKs Public Access To Some SpaceX Suit Docs
Nonprofit news organization ProPublica won a limited Delaware Court of Chancery order Monday for the contested release of some documents and video kept under seal in a Chinese company's suit against a private equity firm over a muffed deal to line up a $50 million investment in SpaceX.
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September 15, 2025
3rd Circ. Unsure When Uber Wage Case Hits Dead End
A Third Circuit panel on Monday questioned at what point a judge is permitted to declare that a case can't be resolved, as it considered a bid by Uber drivers to revive employment misclassification claims that already resulted in two deadlocked juries. Â
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September 15, 2025
In Reversal, 3rd Circ. Lets Honda Challenge NJ Town Tow Law
A Third Circuit panel reversed a district court's decision Monday, finding that Honda can argue it was denied due process after a New Jersey borough seized its vehicle from an uninsured lessee for driving uninsured, with a suspended license and registration.
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September 15, 2025
Sears Investors Ink $9M Deal In Fiduciary Breach Case
A hedge fund manager and his firm will pay more than $9 million to end a long-running lawsuit alleging that they shortchanged investors when they took Sears Hometown and Outlet Stores Inc. private in 2019, according to a deal filed in the Delaware Court of Chancery.
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September 15, 2025
Med Transport Co. Founder Sues In Del. Over Share Cash-Out
The founder and former CEO of emergency transport company AmeriPro Health LLC has sued the company and others in Delaware's Court of Chancery, alleging that he was unjustifiably fired, replaced on the company's board and had his LLC units cashed out for at least $20 million below value.
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September 15, 2025
Catching Up With Delaware's Chancery Court
Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.
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September 15, 2025
Feds Urge 3rd Circ. To Restore NJ US Atty's Authority
The federal government has urged the Third Circuit to reverse a district court ruling disqualifying acting U.S. Attorney Alina Habba from prosecuting two criminal cases in New Jersey after the clock allegedly ran out on her interim term, arguing that her appointment is valid and that the court erred in its interpretation of the statute.
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September 15, 2025
Exactech Gets OK For Ch. 11 Plan Ditching Sponsor Deal
A Delaware bankruptcy judge on Monday approved Exactech's Chapter 11 sale and liquidation plan that drops a previous deal with the joint implant maker's equity sponsor in favor of funding the pursuit of potential legal claims against the sponsor on behalf of creditors.
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September 12, 2025
Wabtec Wants Caterpillar Unit's Antitrust Claims Axed Again
Caterpillar subsidiary Progress Rail is trying "yet again" to "turn what are, at most, contract disputes into an antitrust lawsuit" after its claims against rail giant Wabtec over its 2019 merger with General Electric's transportation unit failed the first time around, a Delaware federal court has been told.
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September 12, 2025
Albertsons Loses Bid For Docs On Kroger CEO's Exit
The Kroger Co. does not have to turn over documents to Albertsons Cos. Inc. concerning former Kroger CEO Rodney McMullen's abrupt exit, the Delaware Chancery Court ruled Friday, saying that personal conduct that prompted McMullen's resignation wasn't relevant to Albertsons' litigation claims over the grocery chains' failed $25 billion merger.
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September 12, 2025
Stewart Issues New Slate Of Discretionary Denials
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart rejected 18 petitions for Patent Trial and Appeal Board review based on discretionary factors on Friday, but didn't introduce new elements to her analysis.
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September 12, 2025
3rd Circ. Backs Fox News In DHS Expert's Defamation Suit
The Third Circuit on Friday upheld a win for Fox News Network LLC and Fox Corp. in a defamation lawsuit from the onetime head of the Biden administration's disinformation watchdog, holding that the unflattering claims the network's hosts made about the agency were opinion or not proven to be untrue.
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September 12, 2025
DOJ Says States Can't Reverse Grant Cuts In OMB Reg Fight
The Trump administration urged a Massachusetts federal judge to throw out a suit brought by a score of states accusing it of misinterpreting an Office of Management and Budget regulation to slash thousands of grants, arguing they must seek relief in another forum.
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September 12, 2025
Higher Ed Real Estate: A Back To School Special
As colleges and universities face mounting financial pressures and enrollment challenges, their real estate strategies are evolving. From legal battles over property disputes to creative approaches for monetizing underutilized assets, Law360 Real Estate Authority offers a window into real estate concerns in the higher education sector.
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September 12, 2025
Jury Awards Mallinckrodt $9.5M In Nitric Oxide Patent Suit
A Delaware federal jury awarded Mallinckrodt Pharmaceuticals almost $9.5 million on Friday, finding that French industrial gas company Airgas Healthcare infringed patents covering its inhaled nitric oxide treatment.
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September 12, 2025
Real Estate Recap: CMBS Distress, Nuclear AI, Campus Golf
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney perspectives on commercial mortgage-backed securities distress, the dawn of nuclear-powered data centers, and the albatross of golf courses on colleges and universities.
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September 12, 2025
Novartis Takes Entresto Bench Trial Loss To Fed. Circ.
Novartis urged the Federal Circuit on Friday to save it from a Delaware federal judge's holding that generic-drug maker MSN Pharmaceuticals did not infringe a patent covering the blockbuster cardiovascular drug Entresto.
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September 12, 2025
Fed. Circ. Affirms PTAB's Slicing Of Fracking Patent Claims
The Federal Circuit on Friday backed a Patent Trial and Appeal Board decision invalidating claims in a patent relating to hydraulic fracturing pump technology, finding that the tribunal had sufficient evidence supporting its conclusion that the claims were obvious.
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September 12, 2025
Del. Judge Says Pet Med Co. Founder Liable For $40.2M
A Delaware Superior Court judge has ruled the founder of a veterinary orthopedic implant venture must indemnify the company's recent buyer for $40.2 million from a $70 million patent infringement-related settlement, while capping the cumulative liability award after other costs at $55 million and awaiting proposals covering interest awards.
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September 12, 2025
Cops Not Immune In Suit Over Fabricated Proof, 3rd Circ. Says
The Third Circuit held in a precedential ruling Friday that police officers are not shielded by qualified immunity in malicious prosecution lawsuits involving allegations of fabricated evidence and forced confessions.
Expert Analysis
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons
In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Environmental Justice Is Alive And Well At The State Level
Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.