A Third Circuit panel on Wednesday erased Sandoz Inc.'s $61.6 million award in a breach of contract case against United Therapeutics Corp., in a decision that sidesteps the major pharmaceutical company's request to reinstate a $137.2 million damages calculation that had been halved by the trial judge.
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THURSDAY, OCTOBER 8, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

3rd Circ. Upends Sandoz's $61.6M Award Against UTC

By Bonnie Eslinger

A Third Circuit panel on Wednesday erased Sandoz Inc.'s $61.6 million award in a breach of contract case against United Therapeutics Corp., in a decision that sidesteps the major pharmaceutical company's request to reinstate a $137.2 million damages calculation that had been halved by the trial judge.

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Texas Justices Push Exxon On Explosion Suit Coverage Bid

By Spencer Brewer

The Texas Supreme Court pressed Exxon Mobil Corp. to explain why an AIG unit should have to pay $25 million of a $35 million settlement arising from a deadly 2013 explosion at the oil giant's refinery in Beaumont, asking Wednesday if the company had control over the workers who were injured.

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Immunomedics Founder Says Deal Triggered $365M Pay Claim

By Jarek Rutz

The founder of Immunomedics urged Delaware's highest court Wednesday to reinstate his roughly $365 million compensation claim against the biotechnology company, alleging Gilead Sciences Inc. became an "affiliate" when it bought Immunomedics for $21 billion and that his employment agreement therefore reaches Gilead's revenues.

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Scheduling 'Cascade' Hangs Over Amazon's FTC, Calif. Trials

By Bryan Koenig

Amazon.com sparred with the Federal Trade Commission in a Washington federal court filing over whether to stick to a late March trial kickoff, or whether the multiple trials against the company in 2027 must be pushed back because a California state judge has called a January start unrealistic.

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LEGAL ETHICS & MALPRACTICE

Josh Cellars Co. Says Ex-Prez Has 'Deep' Litigation Funding

By Aaron Keller

Companies behind the Josh Cellars wine brand say they should be allowed to introduce an ex-president's alleged litigation funding deals during an upcoming Connecticut jury trial, arguing they're necessary to defend against his assertions regarding a corporate operating agreement and to refute a possibly misleading portrayal of the parties' resources.

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INSURANCE

NC Hospital Accuses Blue Cross Of Refusing Covered Claims

By Hayley Fowler

Blue Cross and Blue Shield of North Carolina is refusing to pay or underpaying for covered services on behalf of its members, a hospital in the Tar Heel State has alleged in a new complaint accusing the insurer of violating the parties' network participation agreement.

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Excess Insurers Tell 4th Circ. Under Armour Owes Interest

By Danielle Ferguson

Five excess insurers told the Fourth Circuit that Under Armour Inc. must pay prejudgment interest on its return of $90 million in advanced coverage for defense costs, arguing a Maryland federal judge erred in determining they weren't owed interest under state law.

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PRODUCT LIABILITY

Family Tells 5th Circ. Penske Can't Evade Crash Liability

By Linda Chiem

The family of a man killed in a Texas collision said a Fifth Circuit panel faithfully followed federal law when it revived its lawsuit alleging freight broker and trucking giant Penske is vicariously liable for the 2018 accident, and en banc review before the full court is unwarranted.

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BMW Beats X5 Transmission Defect Suit, For Now

By Gina Kim

BMW has defeated for now a proposed class action alleging it knew about a transmission component defect causing some of its cars to jerk and shudder but refused to cover repair costs, with a New Jersey federal judge saying Wednesday the allegations are insufficient to infer BMW knew about any defect.

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INTELLECTUAL PROPERTY

KPSI Held In Contempt For Selling Enjoined Products

By Elliot Weld

A Washington federal judge held KPSI Innovations Inc. and three executives in contempt after a rival litigant complained that they'd continued to sell fire-resistant construction assembly products after being enjoined from doing so.

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Brief

Copyright Office Probes AI's Role In Streaming Fraud

By Ivan Moreno

The U.S. Copyright Office is examining whether music-streaming fraud and artificial intelligence-generated music are affecting royalty payments and licensing systems as part of a broader inquiry requested by Congress.

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EMPLOYMENT

Televangelist, Network Owner Face Off In Race Bias Trial

By Susan Smiley

A Michigan federal jury was told on Wednesday that deciding a Black televangelist's race discrimination claim against the white owner of a religious network will require deciding if the owner's sharing of a meme was racist or simply a joke between old friends that was misunderstood.

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SECURITIES & WHITE COLLAR

Holtec CEO Says Atty Is Confusing Jury Over Confidential Doc

By George Woolston

Holtec International CEO Krishna Singh accused counsel for the company's former chief financial officer of attempting to confuse jurors in New Jersey state court when he asked whether Singh was aware the ex-CFO had said information in a draft document meant for a prospective investor was false.

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COMPETITION

FIFA Seeks Dismissal Over Unpaid AI Citation Sanctions

By Andrea Keckley

FIFA has told a Puerto Rico federal judge that a law firm has "not paid a single dollar" of a sanction levied over a year ago for error-riddled, allegedly artificial intelligence-generated court filings in an antitrust suit filed by a shuttered soccer league.

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Brief

9th Circ. OKs 90-Day Stay For Maker Of Eye Drops

By Nadia Dreid

The Ninth Circuit isn't going to rehear its decision preserving a win in a case accusing the maker of Clear Eyes drops of illegal price discrimination in favor of Costco, but it will hold off on issuing the mandate while the eye drop maker appeals to the U.S. Supreme Court.

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BANKRUPTCY

LIV Agrees To Review Player Contracts As Garcia, Rahm Exit

By Vince Sullivan

Bankrupt professional golf league LIV Golf said it would allow tour member Sergio Garcia to terminate his player participation contract with the debtor Wednesday rather than have it subject to rejection, telling a New Jersey court that it would review the deals of other golfers seeking the same relief.

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TELECOMMUNICATIONS

Colo. Panel Mulls Telecom Co.'s Challenge To $24M Judgment

By Rachel Konieczny

A Colorado wireless internet company urged a Colorado appellate court Wednesday to overturn a $24 million judgment against it that the company says came without due process, fielding the panel's questions on the appropriate standard to use in evaluating the company's appraisal dispute with its shareholders.

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EXPERT ANALYSIS

Why And How To Build A Neurodiversity-Informed Practice

By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

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LEGAL INDUSTRY

Omni Bridgeway Raises $1B For New Litigation Funding

By Ryan Boysen

Litigation funder Omni Bridgeway has raised a new $1 billion fund from mostly repeat investors, with plans to deploy the money broadly across countries and case types while avoiding debt leverage.

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Alito Explains Recusal But Says It Shouldn't Become Practice

By Katie Buehler

U.S. Supreme Court Justice Samuel Alito said this week he "reluctantly" recused himself from a dispute that could decide whether state and local government can sue Big Oil in state courts for damages related to greenhouse gas emissions, while suggesting the high court's members shouldn't make a practice of explaining their reasons for stepping away from cases.

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Justices' Docs Should Belong To Public, Gov't Watchdogs Say

By Jack Karp

Nearly two dozen government accountability groups are calling for Congress to enact a law that would make U.S. Supreme Court justices' papers government property that would someday be available to the public.

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Analysis

Uncertainty Surrounds Judge Newman's 11th Circ. Transfer

By Dani Kass

Chief Justice John Roberts' order to transfer the Federal Circuit Judicial Council's disability investigation of a suspended 99-year-old judge to another court offers the neutral evaluation the judge has long been asking for, but attorneys are concerned about the transparency of the proceeding.

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California Federal Judge Jeffrey White To Retire After 24 Years

By Bonnie Eslinger

Senior U.S. District Judge Jeffrey S. White will retire at the end of the year after nearly a quarter-century on the federal bench in Northern California.

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ABA Accreditor Leader Remembered For Passion And Intellect

By Emma Cueto

After her sudden death while leading the American Bar Association council that handles law school accreditation, Melissa Hart is being remembered as a passionate and fiercely intelligent jurist, mentor and leader who will be missed as the council navigates numerous challenges to its accreditor status.

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LAW FIRMS IN TODAY'S NEWS

Alston & Bird

ArentFox Schiff

Ashby & Geddes

Ashurst Perkins

Bailey Cavalieri

Baker McKenzie

Beck Redden

Blank Rome

Bodman PLC

Bryan Cave Leighton Paisner

Carella Byrne

Carroll Gilbert

Cole Schotz

Cooley LLP

Covington & Burling

Dentons

Duane Morris

Feder Law Firm

Ferraiuoli LLC

Fox Rothschild

Gibson Dunn

Gray Reed

HKM Employment Attorneys

HSF Kramer

Heber Han

Hunton Andrews

Javerbaum Wurgaft

Kaufman Borgeest

Kennedys Law LLP

Kilpatrick Townsend

Kirkland & Ellis

Lewis Brisbois

Lieff Cabraser

Linklaters LLP

Loop Intellectual Property Law

Mandelbaum Barrett

Merkley Jones

Miller Scamardi

Morgan & Morgan PA

Morgan Lewis

Morris Nichols

Orgain Bell

Orrick Herrington

Paul Weiss

Penn Law Firm

Reed Smith

Robinson & Cole

Ropers Majeski

Sanford Heisler

Trojan Law Offices

Weil Gotshal

White and Williams

Wiley Rein

Williams & Connolly

Willkie Farr

Wolfe Pincavage

Wollmuth Maher

Wright Close Barger & Guzman

COMPANIES IN TODAY'S NEWS

AOL

Adient PLC

Amazon.com Inc.

American Bar Association

American International Group Inc.

American Trucking Associations Inc.

Apple Inc.

BC Partners

BMW of North America LLC

Bauer Inc.

Blue Cross Blue Shield of North Carolina

Burford Capital LLC

CONCACAF

Chevron Corp.

Citizens for Responsibility & Ethics in Washington

ConocoPhillips

Consumer Watchdog

Costco Wholesale Corp.

Exxon Mobil Corp.

Federation Internationale de Football Association

Getty Images Holdings Inc.

Gilead Sciences Inc.

Holtec International Inc

Immunomedics Inc.

JAB Wireless Inc.

Lexington Insurance Co.

NFP Corp.

New Civil Liberties Alliance

Omni Bridgeway Ltd.

Penske Automotive Group Inc.

Phillips 66

Prestige Brands Holdings Inc.

Reddit Inc.

Sam's Club

Sandoz International GmbH

Spectrum Management Holding Co.

Suncor Energy Inc.

Swiss Reinsurance Co. Ltd.

The City University of New York

The State University of New York

The Word Network

Truckload Carriers Association

U.S. Chamber of Commerce

UCLA Health System

Under Armour Inc.

United Therapeutics Corp.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Disease Control and Prevention

Colorado Supreme Court

Delaware Court of Chancery

Federal Trade Commission

Fish and Wildlife Service

Food and Drug Administration

National Highway Traffic Safety Administration

Texas Supreme Court

U.S. Bankruptcy Court for the District of New Jersey

U.S. Copyright Office

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Education

U.S. Department of Justice

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

U.S. District Court for the District of Puerto Rico

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Western District of Washington

U.S. House of Representatives

U.S. Supreme Court