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 June 2021 filings and results.
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- Abbo-Bradley v. City of Niagara Falls—WLF asks the Second Circuit to decide that a suit alleging negligent CERCLA remediation belongs in federal court.
- Viking River Cruises v. Moriana—WLF urges the Supreme Court, yet again, to provide more FAA guidance to California courts.
- Cal Cartage Transp. Express v. California—WLF asks the Supreme Court to review, and ultimately overturn, a California Court of Appeal decision that runs afoul of the FAAAA.
- In re Antitrust Standards for Pharmaceutical Mergers—WLF urges the FTC to scrutinize pharmaceutical mergers no more or less than mergers in other industries.
- In re Rescission of 2015 FTC Statement on Unfair Methods of Competition—WLF reminds the FTC to consult the FTC Act’s legislative history when deciding what counts as an unfair method of competition.
- TransUnion LLC v. Ramirez—The Supreme Court clarifies that every class member must satisfy Article III’s injury-in-fact requirement. **Victory**
- Nestlé USA, Inc. v. Doe—The Supreme Court further limits the Alien Tort Statute’s reach. **Victory**
- Goldman Sachs Group v. Arkansas Teacher Retirement System—The Supreme Court clarifies that a defendant may rebut the presumption of class-wide reliance in a securities class action by showing that an alleged misrepresentation did not actually affect the stock’s market price. **Victory**
- 1-800 Contacts v. FTC—The Second Circuit vacates an FTC order misapplying the “quick look” antitrust standard to trademark-infringement settlements. **Victory**
- In re Proposed Local Civil Rule 7.1.1—The U.S. District Court for the District of New Jersey adopts a proposed local rule requiring the disclosure of third-party litigation funding. **Victory**
- In re Facebook, Inc.—The Texas Supreme Court decides that the Communication Decency Act’s immunity does not apply to affirmative acts in violation of state statute.
- Comcast Corp. v. Viamedia, Inc.—The Supreme Court declines to rein in refusal-to-deal antitrust liability.
- Pearlstein v. Blackberry Ltd.—The Second Circuit denies interlocutory review of a decision making class certification a virtual certainty in securities cases.
- Bristol-Myers Squibb Co. v. Connors—The Supreme Court declines an opportunity to clarify when federal courts may abstain from deciding important disputes implicating federal law.
- Amazon.com v. Waithaka—The Supreme Court declines to review a First Circuit decision that refused to read the FAA’s transportation-worker exemption in line with the statute’s text and context.
- Johnson & Johnson v. Ingham—The Supreme Court declines to review a Missouri punitive-damages award that is 11 times the amount of compensatory damages.