Correspondent
White House correspondent, covers patent, trade and regulatory news
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for black lung benefits under the Black Lung Benefits Act. The court relies on binding precedent to reject arguments that liability transferred when Arch sold its subsidiary in 2005.
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for Black Lung benefits under the self-insurance provisions of the Black Lung Benefits Act. The court holds that because the petitioners concede their arguments are identical to those previously rejected in Apogee Coal Co. v. Director, OWCP, the prior published decision binds this panel.
The Sixth Circuit denied petitions for review, affirming that Arch Resources remains liable for black lung benefits accrued while it self-insured its subsidiary Apogee. The court held that the parties' arguments were identical to those rejected in a prior published decision, which binds the panel and precludes relief.
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for black lung benefits under the Black Lung Benefits Act despite selling its subsidiary in 2005. The court holds that its prior decision in *Apogee Coal Co. v. Director, OWCP (Howard)* binds the outcome, rejecting identical arguments regarding successor liability.
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for Black Lung Benefits Act claims against its former subsidiary, Apogee. The court relies on binding precedent to reject the argument that selling the subsidiary in 2005 terminated Arch's self-insured liability for pre-2005 claims.
The Sixth Circuit denied petitions for review seeking to overturn a Benefits Review Board order holding Arch Resources liable for Black Lung Benefits Act claims. The court ruled that the petitioners' arguments were identical to those rejected in a binding 2024 precedent, leaving the Board's decision affirming Arch's financial responsibility in place.
The Fourth Circuit affirmed the district court's denial of a pro se litigant's motion for sanctions, ruling that the motion failed to satisfy the mandatory safe harbor provision and was untimely. The court also upheld the rejection of a motion for reconsideration because the appellant failed to identify errors or present new evidence.
The Fourth Circuit denied Michael R. White's petition for a writ of mandamus, ruling the case moot because the district court had already issued a final order on his motion. The court found no live controversy remained to justify an appellate directive forcing the district court to act.
The Third Circuit denied the petition for rehearing en banc in a bankruptcy appeal involving a settlement approved for talc claimants. The court found no compelling reasons to reconsider the panel's amended opinion, leaving the original judgments approving the reorganization plan in full force.
The Tenth Circuit held that the Office of Natural Resources Revenue acted arbitrarily and capriciously by failing to consider a prior settlement agreement when denying Devon Energy's cost deductions for gas production. The court remanded the case to the district court with instructions to vacate the agency's order and require a new determination consistent with the settlement terms.
