My colleague Craig Lerner writes with the following question:
Can people please point me to cases in which the Supreme Court let
a circuit split “percolate” (that is, fester) for years and years,
before it bothered to address the issue? A recent example would be the
2005 case Dura Pharmaceuticals v. Broudo, where the circuits were split
for nearly a decade on the meaning of “loss causation” in securities
cases.
If you can point to any such cases, please post them in the Comments or contact Craig directly.