This WLF Litigation Division feature highlights WLF court and agency filings, as well as decisions issued in response to WLF’s filings. In this edition, we list March 2021 filings and results.
Click on the PDF button above for the full report.
WLF NEW FILINGS
Urging en banc review, WLF asks the Ninth Circuit to clarify whether Congress intended for federal agencies to adjudicate important separation-of-powers questions. (Axon v. FTC)
WLF asks the Supreme Court to clarify when federal courts may abstain from deciding important disputes implicating federal law. (Bristol-Myers Squibb Co. v. Connors)
WLF urges the Eighth Circuit to reverse a trial-court ruling that imposes massive tort liability on manufacturers without proof of causation. (Bader Farms, Inc. v. BASF Corp.)
WLF asks the Ninth Circuit to vindicate a federal law that preempts localities from imposing standards on tobacco products that differ from FDA-authorized product standards. (RJR Tobacco Co. v. Los Angeles)
WLF urges the Supreme Court to hear an important pharmaceutical preemption case. (Janssen Pharmaceuticals v. A.Y.)
WLF asks a federal trial court to dismiss a DOJ enforcement action that attempts to bypass the government’s burden of proof based on a “collective knowledge” theory. (United States v. Walmart Inc.)
WLF CASES DECIDED
The Supreme Court holds that a court may exercise specific jurisdiction over a defendant even if the defendant’s contacts with the forum did not cause the plaintiff’s injury. (Ford Motor Co. v. Montana Eighth Judicial District Court)
The Montana Supreme Court upholds a rule that unfairly hamstrings railroads in their efforts to defend personal-injury suits by employees. (Dannels v. BNSF Railway Co.)
The Delaware Supreme Court wisely declines to use the implied covenant of good faith and fair dealing to rewrite contracts. (Glaxo Grp. Ltd. v. DRIT LLP)
The Second Circuit affirms the dismissal of a “foreign-cubed” securities lawsuit. (Banco Safra v. Samarco Mineracao)