Insurers for Walmart must defend the retail giant against underlying suits claiming its sale of prescription painkillers contributed to the opioid epidemic, an Arkansas state appeals court affirmed Wednesday, finding that the suits allege accidental conduct and are seeking damages because of bodily injury.
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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

Ark. Panel Says Insurers Must Defend Walmart Opioid Suits

By Hope Patti

Insurers for Walmart must defend the retail giant against underlying suits claiming its sale of prescription painkillers contributed to the opioid epidemic, an Arkansas state appeals court affirmed Wednesday, finding that the suits allege accidental conduct and are seeking damages because of bodily injury.

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PhRMA Sues To Block Medicare Foreign Drug Price Rule

By Jared Foretek

The pharmaceutical industry's top lobbying group asked a D.C. federal judge Wednesday to block a new Medicare rule tying Part B drug payments to prices abroad, claiming that the U.S. Department of Health and Human Services is imposing a "most-favored-nation" price control that Congress has repeatedly declined to enact.

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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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POLICY & REGULATION

Brief

Commerce Finalizes Indian, Turkish Chromium Duty Rates

By Dylan Moroses

The U.S. Department of Commerce finalized duty rates for a compound used primarily in wood preservation, metal finishing and plating imported from India and Turkey, according to notices published Wednesday. 

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ENFORCEMENT & COMPLIANCE

Remorseful Atty Says He'll Skip Solo Practice If Reinstated

By Matthew Santoni

A suspended Uniontown, Pennsylvania, attorney told a disciplinary panel Wednesday that he would avoid solo practice and focus on regulatory compliance work for a clinical trial company if reinstated, citing regret for the lack of supervision, burnout and drug abuse that led to his 2025 suspension.

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LITIGATION

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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Fed. Circ. Won't Rehear Axed $49M Verdict In Stent Fight

By Elliot Weld

The Federal Circuit on Wednesday denied a bid from the University of Texas to get a panel to rehear its patent infringement case where a $49.4 million jury verdict against Boston Scientific was overturned.

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JPML Consolidates Nevro, Abbott Spinal Cord Device Suits

By Joyce Hanson

The Judicial Panel on Multidistrict Litigation has created separate MDLs over purportedly defective spinal cord stimulators manufactured by Nevro LLC and Abbott Laboratories, rejecting the manufacturers' arguments that the cases' plaintiffs do not share enough common factual questions to warrant consolidation.

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Vape Group, Makers Want In On FDA E-Cig Enforcement Suit

By Mike Curley

A vape industry group and a pair of manufacturers are asking a Maryland federal court to let them intervene on the side of the federal government in a suit by health groups challenging new guidance on enforcement priorities for new tobacco products.

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Zoetis Says Horse Owners Must Abide Deal To End Death Suit

By Mike Curley

Zoetis Inc. on Wednesday asked a Pennsylvania federal court to enforce a confidential settlement with the owners of a 3-year-old racehorse that they alleged died after receiving one of Zoetis' antibiotics, saying the plaintiffs can't ignore the agreement and their own counsel.

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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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DEALS

Kirkland-Led Sheridan Secures $1.345B For 2 Latest Funds

By Jade Martinez-Pogue

Kirkland & Ellis LLP-advised Sheridan Capital Partners on Wednesday revealed that it raised $1.345 billion across two new funds, which will be used to invest across various healthcare sectors.

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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

Sheppard Mullin Hit With Class Action Over Data Breach

By Jake Maher

A former Sheppard Mullin Richter & Hampton LLP paralegal launched a proposed class action against the firm in California federal court on Wednesday over a cyberattack it had in August, in which she says at least 1,000 people's names and Social Security numbers were stolen.

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IP Rights Group Urges Against Litigation Funding Disclosure

By Elliot Weld

An inventor rights advocacy group has told a federal courts rules committee that requiring the disclosure of who is funding civil litigation would put independent inventors at a disadvantage when trying to enforce patents against a larger company.

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Analysis

New Fraud Division Flexes Might In Latest Enforcement Policy

By Phillip Bantz

The National Fraud Enforcement Division's new corporate enforcement policy emphasizes the quick pursuit of certain types of fraud through data analysis and staff resources, expands the target list beyond traditional healthcare providers and highlights the division's growing dominance within the U.S. Department of Justice, experts say.

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Cornell Defendant Seeks To Nix James As Special Prosecutor

By Andrea Keckley

One of the seven men accused of drugging and raping a fellow Cornell University student at a fraternity home has asked a New York state court to void Gov. Kathy Hochul's appointment of New York Attorney General Letitia James as special prosecutor in the case.

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Gov't Attys Could Face Sanctions Over AI Use Omissions

By Madeline Lyskawa

A U.S. Court of Federal Claims judge has ordered four government attorneys to explain why they shouldn't be sanctioned for making factual misrepresentations about the U.S. Army's use of artificial intelligence to evaluate contract proposals.

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Split Congress Could Spur Competing Probes, Cleary Finds

By Courtney Bublé

If the new year brings an era of divided Congress, then "dueling investigations" into the same topics should be expected, Cleary Gottlieb Steen & Hamilton LLP said in a report it released Thursday.

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Fla. Judge Says Oct. 7 Attack Was 'Inflection Point' For U.S.

By David Minsky

U.S. District Judge Roy K. Altman addressed a small group of attorneys in a Florida law office to speak on his book about the October 2023 Hamas-led attack on Israel, saying public debate over facts surrounding the event and underlying feud has reached an "inflection point" in America.

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Buzbee Faces $970K Fee Bid In Dismissed Conspiracy Cases

By Lynn LaRowe

A Mississippi lawyer is asking a Texas state court to award her more than $970,000 in fees after defeating claims that she and her law firm conspired with rapper Shawn "Jay-Z" Carter and Quinn Emanuel Urquhart & Sullivan LLP to retaliate against prominent Houston plaintiffs attorney Tony Buzbee and two of his former clients.

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Dems Says GOP Broke Senate Rules In Jack Smith Hearing

By Courtney Bublé

The Democrats on the Senate Judiciary Committee have accused Republicans of violating committee rules during a hearing last week with former special counsel Jack Smith.

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COMPANIES IN TODAY'S NEWS

AOL

Abbott Laboratories

Amazon.com Inc.

American Bar Association

American Home Assurance Co.

American International Group Inc.

American Trucking Associations Inc.

Anthropic PBC

Atlanta Hawks

Boston Scientific Corp.

Campaign for Tobacco-Free Kids

Cornell University

Costco Wholesale Corp.

Democracy Forward Foundation

Gilead Sciences Inc.

Immunomedics Inc.

Liberty Mutual Insurance Group

LinkedIn Corp.

Medtronic PLC

NJOY Inc.

Nevro Corp.

Pharmaceutical Research & Manufacturers of America

Prestige Brands Holdings Inc.

QBE Insurance Group Ltd.

ROC Nation LLC

Sam's Club

Sandoz International GmbH

Sheridan Capital Partners

Spectrum Management Holding Co.

The District of Columbia Bar

Toyota Motor Corp.

UCLA Health System

United Nations Children's Fund

United Therapeutics Corp.

Walmart Inc.

Yale University

Zoetis Inc.

LAW FIRMS IN TODAY'S NEWS

Akin Gump

Alston & Bird

Arnold & Porter

Ashby & Geddes

Baker & Hostetler

BatesCarey

Blank Rome

Bracewell LLP

Bradley Arant

Buzbee Law Firm

Choate Hall

Cleary Gottlieb

Clyde & Co

Cohen Ziffer

Cooley LLP

Davis Butt Taylor & Clark

Fields Howell

Fox Rothschild

Fuqua Campbell

Gibson Dunn

HSF Kramer

Hall Booth

Hardin Jesson

Holwell Shuster

Keller & Heckman

Kennedys Law LLP

Kirkland & Ellis

Lynch Law Group LLC

MJ Legal PA

McDermott Will & Schulte

Miller & Chevalier

Morgan Lewis

Morris Nichols

Nesenoff & Miltenberg

Paul Hastings

Quattlebaum Grooms

Quinn Emanuel

Reece Moore Pedergraft

Reed Smith

Rivkin Radler

Sanford Heisler

Sheppard Mullin

Shook Hardy

Shore Firm

Shults Law Firm

Simpson Thacher & Bartlett

Skarzynski Marick

Spencer Fane

Strauss Borrelli

Susman Godfrey

Tripp Scott

Watters Wolf

Wiley Rein

Williams & Connolly

Willkie Farr

WilmerHale

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Disease Control and Prevention

Centers for Medicare & Medicaid Services

Commodity Futures Trading Commission

Consumer Financial Protection Bureau

Delaware Court of Chancery

Executive Office of the President

Federal Trade Commission

Food and Drug Administration

International Trade Commission

New York Attorney General's Office

Pennsylvania Supreme Court

Texas Supreme Court

Texas Tenth Court of Appeals

U.S. Army

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Commerce

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

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 Maryland

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

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

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

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

U.S. Securities and Exchange Commission

U.S. Supreme Court