Local New York governments can't keep dozens of suits alleging two of the nation's largest pharmacy benefit managers contributed to the opioid epidemic in state court, a Second Circuit panel held Wednesday, finding the litigation alleges "indivisible" federal and non-federal conduct by the PBMs.
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THURSDAY, SEPTEMBER 3, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

2nd Circ. Says PBM Opioid Crisis Suits Belong In Fed. Court

By Gianna Ferrarin

Local New York governments can't keep dozens of suits alleging two of the nation's largest pharmacy benefit managers contributed to the opioid epidemic in state court, a Second Circuit panel held Wednesday, finding the litigation alleges "indivisible" federal and non-federal conduct by the PBMs.

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10th Circ. Says Vape Shops Fumbled Utah Flavor Ban Appeal

By Jonathan Capriel

The Tenth Circuit dismissed an appeal brought by vape businesses challenging Utah's flavored e-cigarette ban, ruling that the companies picked the wrong order to bring to it on appeal.

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Crypto Mine Noise Suit Belongs In State Court, Neighbors Say

By Hayley Fowler

Residents of a North Carolina town suing over allegedly excessive noise coming from a nearby cryptocurrency mining and AI data center want their lawsuit bumped back down to state court, arguing the damages they're seeking fall short of the threshold required for federal jurisdiction.

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DRUGS & DEVICES

Baby Formula Machine Makes Infants Lose Weight, Suit Says

By Jonathan Capriel

The makers of the Baby Brezza formula mixing machine are facing a proposed class action in New York federal court from a group of parents who say the $200 device dispenses dangerously diluted formula, even when properly used, causing infant weight loss and hospitalizations.

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FOOD & BEVERAGE

Unilever, Gruns Sued Over Gummies Marketed As 'Sugar-Free'

By Carla Baranauckas

Unilever United States Inc. and Gruns Nutrition Inc. have been hit with class claims in New Jersey federal court alleging that they falsely labeled a line of gummies as "sugar-free" even though the nutritional supplements are sweetened with allulose, which the four suing consumers say is a sugar under federal regulations.

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CONSUMER GOODS

Insurers Needn't Cover Retailer In 'Ghost Gun' Sale Suit

By Hope Patti

Two insurers have no duty to defend or indemnify a Missouri-based firearm retailer accused of contributing to gun violence by selling "ghost gun" kits, a New York federal court ruled, saying the underlying claims did not allege harm caused by an accident.

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Snap Mobile Skims From Online Fundraisers, Donor Claims

By Ben Adlin

A Washington woman who donated through Snap Mobile's online fundraising platform filed a proposed class action claiming that the company deceptively skims up to 20% of donations as a platform fee on top of a 4% processing fee and a prepopulated "tip" that users must affirmatively decline.

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AUTOMOTIVE

Cruise Says GM Investors Can't Pursue Robotaxi Fraud Suit

By Linda Chiem

Cruise LLC told a Michigan federal judge Tuesday that lead plaintiffs lack standing to pursue their securities fraud class action alleging General Motors Co.'s self-driving car unit misrepresented the technological capabilities and commercial readiness of its robotaxis, and that their class certification bid should be rejected.

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PEOPLE

Akerman Hires Consumer Protection Law Ace From Steptoe

By Gina Kim

Akerman LLP announced on Monday it has welcomed a former Steptoe LLP attorney who brings vast experience helping clients navigate a unique, complicated landscape involving Golden State consumer protection laws and regulations, including matters related to Proposition 65.

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LEGAL INDUSTRY

Analysis

Boutique Firms Emerge As Trump Admin's 'Achilles' Heel'

By Phillip Bantz

Less fearful of retribution than some of their BigLaw counterparts, small law firms are taking on an outsize role handling cases seen as adversarial to the Trump administration.

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Jenner & Block Adds Crowell Energy Partner To DC Office

By Jack Rodgers

Jenner & Block LLP said Thursday it has hired the former co-leader of Crowell & Moring LLP's appellate practice, who worked on a range of energy matters there and spent over a decade of her career as a senior attorney with the Justice Department's Environment and Natural Resources Division.

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Sheppard Adds To Corporate Bench In Dallas, London

By Lynn LaRowe

Sheppard announced Thursday it has added a corporate partner in Dallas from McDermott Will & Schulte and a corporate partner in London from Simmons & Simmons LLP.

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Fisher Phillips Adds Partner, 9 Attorneys In Mexico

By Andrea Keckley

Fisher Phillips announced Thursday that it has hired a partner and nine associates from the small, full-service Mexican firm Ibarra del Paso y Gallego SC, making it one of the largest labor and employment firms in Mexico by headcount.

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Ex-IRL App CEO Says Prosecutors Ignored Ethics Breaches

By Courtney Bublé

The co-founder of defunct social app IRL is fighting fraud charges by claiming that the U.S. attorney's office prosecuting him is conflicted because an attorney who formerly defended IRL in an SEC investigation and is now with the office pushed for him to be charged — and he is disputing prosecutors' denial of impropriety. 

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Husch Blackwell Gets Early Win In Ex-Partner's 401(k) Suit

By Andrea Keckley

A Missouri federal court granted Husch Blackwell LLP an early win over a former employee's proposed class action alleging the firm illegally withheld retirement contributions and mismanaged its employee 401(k) plan, finding the ex-partner couldn't prove violations of federal benefits law.

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Fox Rothschild Says Adult Day Care Suit Rehashes Claims

By Rose Krebs

Fox Rothschild LLP is urging a New Jersey state court to toss claims against the firm and one of its attorneys in a complaint related to the firm's prosecution of a fraudulent loan lawsuit that led to a $65,000 sanction against the firm.

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Pirro Urges House Ethics Cmte. To Refer Crime Claims To DOJ

By Courtney Bublé

U.S. Attorney for the District of Columbia Jeanine Pirro has told the House Ethics Committee that as cases involving criminal misconduct come before it, her office should be involved too.

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Interview

Federal Judge Warns Threats Imperil Judicial Independence

By Carolina Bolado

U.S. District Judge Beth Bloom of the Southern District of Florida told Law360 that judges and members of the bar need to educate the public on the judiciary's important role in American democracy to combat increasing threats, speaking following the release of two reports this week that warn of safety concerns for judges and that defiance of court orders is undermining the federal judiciary's independence.

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Phil Berger Jr. Won't Seek Reelection To NC High Court

By Corey Rothauser

North Carolina Supreme Court Associate Justice Phil Berger Jr. said Thursday that he will not seek another term in 2028, meaning the Republican justice will leave the state's highest court after completing his current term.

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LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Akerman LLP

Alston & Bird

Asher Kelly

Ashurst Perkins

Baker McKenzie

Barnes & Thornburg

Bryson Harris Suciu & DeMay

Bush Seyferth

Cheshire Parker

Clyde Snow

Crowell & Moring

Dentons

Duane Morris

Dyer Law Group

Ellis & Winters

Fisher & Phillips

Fox Rothschild

Gelber Schachter

Gibson Dunn

Gilbert & Tobin

Harris & James

Husch Blackwell

Jackson Lewis PC

Jenner & Block

Jennings & Earley

Jones Day

K&L Gates

Keker Van Nest & Peters

Kemnitzer Barron

Klausner Kaufman

Labaton Keller

Lathrop GPM

Lite DePalma

Lowell & Associates

McDermott Will & Schulte

Miller Law Group PLLC

Morrison & Foerster

Napoli Shkolnik

Norton Rose

Ogletree Deakins

Paul Weiss

Quinn Emanuel

Ropers Majeski

Sanford Heisler

Scali Rasmussen

Simmons & Simmons

Simmons Hanly

Steptoe LLP

Sterlington PLLC

Susman Godfrey

Tousley Brain

Treanor Devlin Brown

Weil Gotshal

Willkie Farr

WilmerHale

Wilson Sonsini

COMPANIES IN TODAY'S NEWS

American Board of Trial Advocates

American International Group Inc.

Ameris Bancorp

Berkshire Hathaway Energy GT&S

Chevron Corp.

Deloitte Touche Tohmatsu Ltd.

Express Scripts Holding Co.

Federal Bar Association

General Motors Co.

GoFundMe Inc.

Granite State Insurance Co.

Harvard University

KeyCorp

LinkedIn Corp.

Meta Platforms Inc.

OptumRx Inc.

SoftBank Group Corp.

Standard Homeopathic Co.

The Australian National University

Unilever PLC

Viatris Inc.

Walmart Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Central Intelligence Agency

Eastern Band of Cherokee Indians

Federal Bureau of Investigation

Federal Judicial Center

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

NAFTA

National Highway Traffic Safety Administration

New Jersey Court

New York Attorney General's Office

U.S. Attorney's Office

U.S. Attorney's Office for the Northern District of California

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District Court for the District of Columbia

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

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

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

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

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

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

U.S. Securities and Exchange Commission

U.S. Supreme Court

Utah Attorney General's Office