The First Circuit on Monday issued an administrative stay that temporarily keeps in place a ban on Medicaid funding for Planned Parenthood, pausing a lower court's ruling.
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TUESDAY, DECEMBER 9, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

1st Circ. Keeps Planned Parenthood Funding Ban In Place

By Dan McKay

The First Circuit on Monday issued an administrative stay that temporarily keeps in place a ban on Medicaid funding for Planned Parenthood, pausing a lower court's ruling.

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High Court Wants Feds' Input On Health Workers' Vax Fight

By Anne Cullen

The U.S. Supreme Court asked Monday for the federal government's input on a group of religious workers' challenge to a pandemic-era New York state policy requiring healthcare providers to make their employees be vaccinated against COVID-19.

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Justices Say Louisiana Law Can't Bar HIV Discrimination Suit

By Mark Payne

The U.S. Supreme Court told a Louisiana appeals court Monday that it incorrectly found that a state law protecting healthcare providers from civil liability during public health emergencies bars an HIV patient from alleging federal discrimination claims after being denied aquatherapy during the COVID-19 pandemic.

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Justices Pass On Challenge To NJ Hospital Charity Rule

By George Woolston

The U.S. Supreme Court said Monday it won't review a New Jersey Supreme Court decision that a state requirement to treat patients regardless of the patient's ability to pay does not amount to an unconstitutional per se or regulatory taking.

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Analysis

What To Do When Jurors Don't 'Trust The Science'

By Chris Villani

The pandemic and initiatives from the second administration of President Donald Trump challenging decades of established scientific norms have made science more politicized, and attorneys say picking a jury and presenting scientific evidence is increasingly challenging.

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ENFORCENT & COMPLIANCE

'Red Flags' Give 2nd Circ. Pause In NBA Health Fraud Appeal

By Elliot Weld

A Second Circuit panel appeared skeptical Monday of arguments by two former NBA players convicted of defrauding a league healthcare plan that they were tricked into participating by the scheme's leader, saying the trial evidence included "red flags."

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LITIGATION

Judge Prods Doctor To Disclose Records In WWE Abuse Fight

By Alex Lawson

A Connecticut judge bristled at a celebrity doctor's failure to overturn key records that may bolster a former WWE staffer's abuse claims against the company, saying on Monday that his prior order to unearth the documents "is not being taken seriously."

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11th Circ. Won't Pause Medicaid Rule Amid Fla. Hospital Audit

By David Minsky

An Eleventh Circuit panel revived Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, but upheld a lower court's decision to deny the state's request for an injunction after finding it wouldn't likely succeed on the merits of its complaint. 

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Smith & Nephew Settles 401(k) Fee Dispute

By Kellie Mejdrich

A Massachusetts federal judge stayed a proposed federal benefits class action Monday against Smith & Nephew that accused the medical device company of imposing excessive fees on an employee 401(k) plan, after the parties told the court they had agreed to settle their dispute.

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DEALS

EXPERT ANALYSIS

Opinion

Horizontal Stare Decisis Should Not Be Casually Discarded

Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

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Series

The Law Firm Merger Diaries: Getting The Message Across

Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

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LEGAL INDUSTRY

US Lawyer Numbers Surge With Hefty 2024 Graduating Class

By Tracey Read

The number of U.S. lawyers showed marked growth for the first time since 2020, due to a 2024 graduating class that was nearly 12% larger than any other class since 2012, a study from the American Bar Association released Monday showed.

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Habba Resigns As Acting US Atty After DQ Ruling At 3rd Circ.

By Jake Maher

Alina Habba stepped down Monday as acting U.S. attorney for New Jersey following a Third Circuit ruling that she was unlawfully appointed to the position, with the U.S. Department of Justice unveiling that a trio of officials will take on her responsibilities.

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Conservative Justices Probe 'Husk' Of FTC Firing Protections

By Bryan Koenig

The U.S. Supreme Court's conservative majority pushed back Monday against the 90-year-old precedent permitting the removal only for cause of Federal Trade Commission members, and perhaps those serving other independent agencies, calling those safeguards a "dried husk" and wondering where to draw the line for protected agencies.

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Ex-Josh Cellars President Fights Gibson Dunn Withdrawal Bid

By Elliot Weld

The former president of the company behind the Josh Cellars wine brand disputed Gibson Dunn & Crutcher LLP's version of events around his allegedly unpaid legal bills, saying he has questions about the reasonableness of the firm's charges, which must be arbitrated per his contract with the firm.

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Carlton Fields Steps Aside In 'Irreconcilable' Miss America Case

By Emily Johnson

A Florida federal judge allowed Carlton Fields and its attorneys on Monday to withdraw from representing the plaintiffs in a dispute over the ownership of the Miss America pageant, after the firm said "irreconcilable differences" drew it to ask to step down.

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Jury Expert Sues Atty For 'Pirating' Her Jan. 6 Venue Report

By Matt Perez

A New Hampshire defense attorney representing a defendant charged for crimes related to the storming of the U.S. Capitol on Jan. 6, 2021, has been sued in D.C. federal court for allegedly stealing a copyrighted study analyzing attitudes in the jury pool of the District of Columbia.

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Litigation Funder Says Attys Hid Deal To Evade $1.5M Payout

By Christine DeRosa

A Florida-based litigation funder has sued two California attorneys and a law firm, alleging they secretly settled a client's civil dispute and steered the money so they wouldn't have to repay over $1.5 million.

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Brief

Senators Kelly, Slotkin Set Up Legal Defense Funds

By Courtney Bublé

After appearing in a video encouraging members of the military and intelligence community to not follow illegal orders, Sens. Mark Kelly, D-Ariz., and Elissa Slotkin, D-Mich., have established legal defense funds.

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Defense Bill Includes Protections For Retired Justices

By Courtney Bublé

The National Defense Authorization Act for fiscal 2026 released Sunday night extends U.S. Supreme Court police protection for retired and former justices and their immediate family members.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court delivered a busy first week of December, featuring commercial disputes, post-closing merger and acquisition battles and renewed scrutiny of fiduciary conduct ranging from oil and gas investments to healthcare acquisitions. 

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COMPANIES IN TODAY'S NEWS

American Bar Association

Apollo Global Management LLC

Boston Celtics

Capital Health System Inc.

Chevron Corp.

Citigroup Inc.

CrescentCare Health Inc.

Detroit Pistons

Elliott Investment Management LP

Gallup Inc.

IDT Corporation

ITG Brands LLC

LinkedIn Corp.

Lux Research Inc.

Medline Industries Inc.

Mortgage Bankers Association

National Association for Law Placement Inc.

Pilot Inc.

Protect Democracy Project Inc.

R.J. Reynolds Tobacco Co. Inc.

Sears Hometown and Outlet Stores Inc.

Smart & Final Stores Inc.

Smith & Nephew plc

Starbucks Corp.

Straight Path Communications Inc.

Twitter Inc.

Verizon Communications Inc.

World Wrestling Entertainment Inc.

LAW FIRMS IN TODAY'S NEWS

ArentFox Schiff

Blue Williams LLC

Boies Schiller

Carlton Fields

Chasan Lamparello

Clarick Gueron

Duncan Firm

Esseks Ingoglia

Garfunkel Wild

Genova Burns

Gibson Dunn

Grealish & McZeal

Greenbaum Rowe

Henderson Parks LLC

Herrera Arellano

Holland & Knight

Hurwitz Sagarin

Ivey Barnum

Kaplan Kenegos

Kluger Kaplan

Laredo & Smith

Littler Mendelson

Nelson Mullins

Paul Weiss

Proskauer Rose

Robinson & Cole

Sheppard Mullin

Stanley Reuter

Verrill Dana

Walcheske & Luzi

Washington & Washington

Womble Bond

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

Centers for Medicare & Medicaid Services

Central Intelligence Agency

Delaware Court of Chancery

Federal Bureau of Investigation

Federal Communications Commission

Federal Reserve System

Federal Trade Commission

Florida Agency for Health Care Administration

Food and Drug Administration

New Jersey Attorney General's Office

New Jersey Supreme Court

New York Attorney General's Office

U.S. Attorney's Office

U.S. Attorney's Office for the District of New Jersey

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Commerce

U.S. Department of Defense

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Massachusetts

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

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

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. Environmental Protection Agency

U.S. Senate

U.S. Supreme Court

U.S. Tax Court