To read more about the items below, click the link above for a PDF of the newsletter.
WLF News
In July, WLF and the Chairman of its Legal Policy Advisory Board, Jay B. Stephens, announced the appointment of six new legal professionals to the Board:
- Lisa S. Blatt, Williams & Connolly LLP
- Michael J. Lotito, Littler Mendelson P.C.
- Leah L. Lorber, GlaxoSmithKline
- Stephen McManus, State Farm Mutual Automobile Insurance Co.
- Maureen K. Ohlhausen, Baker Botts L.L.P.
- Joshua D. Wright, George Mason University, Antonin Scalia School of Law
Click here for our press release on the appointments.
WLF New Filings
- Class-action status is inappropriate when half of the proposed class members in an antitrust suit never purchased products from the defendants and thus lack antitrust standing. (Ahold U.S.A., Inc. v. Warner Chilcott PLC)
- The Class Action Fairness Act permits removal of “mass actions” in which thousands of identical claims are coordinated by a single state-court judge, even if the decision to coordinate the cases was made by the judge, not by the plaintiffs’ lawyers. (Pfizer, Inc. v. Adamyan)
- Indirect purchasers may not evade limits on antitrust standing simply by alleging that everyone else in the supply chain conspired with the manufacturer to restrain trade. (Marion Healthcare LLC v. Becton Dickinson & Co.)
- The Americans with Disabilities Act does not require companies to ensure that their websites are accessible to the visually impaired. (Domino’s Pizza, LLC v. Robles)
DECISIONS
- The Florida Supreme Court dismisses a challenge to insurance industry practice of imposing limits on the assignment of policy benefits. (Restoration 1 of Port St. Lucie v. Ark Royal Ins. Co.)
- The California Supreme Court declares that class actions may be certified even if in the absence of evidence that the identity of any class members is ascertainable. (Noel v. Thrifty Payless, Inc.)
- The U.S. Court of Appeals for the Ninth Circuit rejects a First Amendment challenge to a Berkeley ordinance that requires retailers to post highly controversial warnings about the supposed health dangers of cell-phone usage. (CTIA – The Wireless Association v. City of Berkeley)