News & Analysis as of

Case Consolidation

Genova Burns LLC

Structure Over Labels: Supreme Court Rejects NJ Transit’s Sovereign Immunity Claim

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This week, the U.S. Supreme Court issued a unanimous decision in Galette v. New Jersey Transit Corporation, 607 U.S. ___ (2026). The case addressed whether the New Jersey Transit Corporation (NJ Transit) is an “arm of the...more

Benesch

California’s Social Media Litigation Poses Potential To Reshape The Legal Landscape

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On January 27, 2026, the eve of the jury trial, ByteDance (“TikTok”) reached a settlement to avoid the California state court landmark trial on social media addiction and the negative impact on teens’ mental health....more

Clark Hill PLC

Supreme Court Overturns Trump’s IEEPA Tariffs

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Today, Feb. 20, 2026, the Supreme Court of the United States (SCOTUS) issued its much-anticipated decision in the Learning Resources, Inc. v. Trump case, which consolidated the title case and V.O.S. Selections v. Trump,...more

K&L Gates LLP

FRCP 16.1 Arrives: Will MDL Courts Embrace Its Tools?

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Effective 1 December 2025, Federal Rule of Civil Procedure 16.1 introduces the first formal procedural framework tailored to multidistrict litigation (MDL) proceedings, aiming to address longstanding challenges in the...more

Beveridge & Diamond PC

First-Ever Procedural Rule Issued for MDLs

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On December 1, 2025, Federal Rule of Civil Procedure 16.1 governing multi-district litigation (MDL) proceedings took effect. This is the first MDL-specific rule and is the culmination of a multiyear-long rulemaking process...more

Herbert Smith Freehills Kramer

New Mass Tort Procedural Rules Have Taken Effect

On December 1, 2025, new Federal Rule of Civil Procedure 16.1 took effect, addressing a gap in the Federal Rules concerning how multidistrict litigation (MDL) should commence following consolidation. MDL is a procedural...more

Clark Hill PLC

Supreme Court Hears IEEPA Tariff Challenge: A Test of Presidential Power

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On November 5, 2025, the Supreme Court heard three hours of oral argument in the most consequential trade case in years, a challenge to the President’s use of the International Emergency Economic Powers Act (IEEPA) to impose...more

Goodwin

Aflibercept BPCIA Multi-District Litigation Updates

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The aflibercept multi-district litigation consists of multiple actions consolidated in the Northern District of West Virginia, with Regeneron Pharmaceuticals, Inc. (“Regeneron”) filing suit under the Biologics Price...more

Fish & Richardson

Texas Round-Up: August 2025

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The August 2025 edition of our Texas Round-Up focuses on developments in cases involving pharmaceutical and medical device products....more

McDermott Will & Schulte

This Week in 340B: August 19 – 25, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Goodwin

Amgen and Accord BioPharma Settle Denosumab BPCIA Case

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​​​​​​​On July 16, 2025, the District Court for the District of New Jersey entered a Consent Judgment and Injunction in view of a settlement agreement between Amgen, Inc. (“Amgen”) and Accord BioPharma, Inc. (“Accord”)...more

Fenwick & West LLP

AAA Implements New Arbitration Rules and Mediation Procedures

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On May 1, 2025, the American Arbitration Association (AAA) implemented its new Consumer Arbitration Rules and Mediation Procedures. These changes, designed to enhance fairness and efficiency in arbitration processes, address...more

Kelley Drye & Warren LLP

AAA Issues New Rules Broadening the Powers of Arbitrators and Scope of Arbitration

The American Arbitration Association (AAA) announced new rules that went into effect May 1, 2025. The new rules revise both their consumer arbitration and employment arbitration sets. The purpose of the rule change was to...more

Benesch

Ninth Circuit Upholds Mass Arbitration Consolidation

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The Ninth Circuit’s recent decision in Jones v. Starz Entertainment, LLC marks a significant development in the continued rapid evolution of mass arbitration. ...more

Venable LLP

Supreme Court Hears Oral Argument in Nondelegation Case Implicating the Powers of Administrative Agencies

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On Wednesday, the Supreme Court heard oral arguments in Federal Communications Commission v. Consumers’ Research (consolidated with SHLB Coalition v. Consumers’ Research), a case about the role of executive administrative...more

Troutman Pepper Locke

Ninth Circuit Rejects Plaintiff’s Attempt to Contest Consolidation of Arbitration Claims

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On February 28, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a petition to compel individual arbitration against Starz Entertainment, LLC. The court held that the plaintiff, who...more

Dorsey & Whitney LLP

The Supreme Court Update - November 25, 2024

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On Friday, November 22, 2024, the Supreme Court of the United States dismissed one case and granted certiorari in two cases: Facebook, Inc. v. Amalgamated Bank, No. 23-980: In June, the Court granted certiorari in this...more

Goodwin

Regeneron Files BPCIA Complaint Against Sandoz Regarding Aflibercept Biosimilar

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On August 26, 2024, Regeneron filed a BPCIA complaint in the District Court for the District of New Jersey against Sandoz Inc. related to Sandoz’s ENVEEZU (aflibercept-abzv)....more

BakerHostetler

It’s Settled: A PAGA Plaintiff Has No Right to Intervene, Vacate or Object to Another PAGA Plaintiff’s Settlement, Affirms the...

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In a welcome win for employers, the California Supreme Court recently blocked a PAGA plaintiff’s attempt to intervene and object to another PAGA plaintiff’s proposed settlement as a matter of right, in Turrieta v. Lyft, Inc.,...more

Husch Blackwell LLP

Fed. R. Civ. P. 16.1: MDL Guidance in Products Liability Cases

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In 1968, the Multidistrict Litigation Act provided the framework for multidistrict litigation (MDL); where civil actions involve “one or more common questions of fact . . . pending in different districts, such actions may be...more

Saiber LLC

The NetChoice Social Media Cases: Back to the Beginning

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​​​​​​​In a past Trending Law Blog post on November 1, 2023, we discussed how the Supreme Court of the United States granted petitions for certiorari in Florida’s NetChoice LLC v. Moody case and Texas’ NetChoice LLC v. Paxton...more

Barnea Jaffa Lande & Co.

Israeli Monopolists Barred from Granting Discriminatory Rebates

A few days ago, the Central District Court handed down its ruling in the lawsuit filed by Aviad Concrete and Clay Industries against Nesher Israel Cement Enterprises. The suit concerned Nesher’s rebate policy to its...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge in Northern District of Texas Denies Nationwide Preliminary Injunction to Block the DOL’s New Overtime Rule

On July 1, 2024, the U.S. District Court for the Northern District of Texas refused to block the enforcement of the new U.S. Department of Labor (DOL) rule to raise the minimum salary thresholds for the white-collar overtime...more

Dorsey & Whitney LLP

The Supreme Court Update - June 27, 2024

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The Supreme Court of the United States issued four decisions today: Moyle v. United States; Idaho v. United States, Nos. 23-726, 23-727: After granting certioriari to decide whether the Emergency Medical Treatment and...more

Snell & Wilmer

Important Arbitration Update: 2024 Amendments to the AAA Construction Industry Arbitration Rules

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On March 1, 2024, the American Arbitration Association (the “AAA”) amendments to its Construction Industry Arbitration Rules (the “Rules”) became effective. The newly amended Rules seek to modernize aspects of the arbitration...more

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