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 August 2021 filings and results.

Click on the PDF button above for the full report.


Pivotal Software, Inc. v. Superior Court of Cal.—WLF asks the Supreme Court to clarify that the PSLRA’s mandatory discovery stay applies equally in state and federal court.

California Trucking Association v. Bonta—WLF asks the Supreme Court to halt California’s attempt to regulate trucking nationwide.

In re Walmart, Inc.—WLF asks the Texas Supreme Court to grant mandamus relief by limiting the scope of discovery to the threshold question of foreseeability in a major premises-liability case.

Boley v. Universal Health Services—WLF urges the Third Circuit to vacate a class-certification order in an ERISA case due to lack of Article IIII standing.

Axon v. FTC—WLF asks the Supreme Court to clarify when (and where) regulated parties may challenge an agency’s structure.


U.S. ex rel Yarberry v. Supervalu—The Seventh Circuit aligns with its sister circuits in adopting the Supreme Court’s Safeco test for willfulness in False Claims Act actions.

Northern Plains Resource Council v. U.S. Army Corps of Engineers—The Ninth Circuit dismisses, as moot, an appeal from an overbroad order that blocked all new oil-and-gas pipeline projects,  nationwide.

In re Packaged Tuna Antitrust Litigation—The Ninth Circuit votes to vacate, and rehear en banc, a panel’s decision decertifying a class-certification order in an important multi-district antitrust case.

In re FDA Amendments to “Intended Uses” Regulations—The FDA issues it final rule amending its medical-product “intended use” regulations, giving short shrift to manufacturers’ First Amendment rights.