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Percolation Bleg:

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.

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