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 October 2021 filings and results.

Click on the PDF button above for the full report.


Adams v. Merck Sharp & Dohme—WLF asks the Ninth Circuit to affirm a finding of federal preemption in products-liability litigation for a leading diabetes therapy.

Caremark v. Chickasaw Nation—WLF urges the Ninth Circuit to hold that parties to a contractual dispute still must honor their bargained-for agreement to arbitrate.

Cummings v. Premier Rehab Keller—WLF asks the Supreme Court to hold that plaintiffs cannot recover emotional-distress damages under Section 504 of the Rehabilitation Act.

Monsanto Co. v. Hardeman—WLF urges the Supreme Court to rein in the Ninth Circuit’s wayward expert-evidence caselaw.


New York v. Walsh—The Second Circuit vacates a decision permitting states to sue over the Department of Labor’s previous joint-employer rule and dismisses as moot an appeal from that decision in light of a new rule.

Stars Interactive Holdings v. Kentucky—At the behest of settling parties, the Supreme Court dismisses the petition in a prominent excessive-fines case.

Cal Cartage Transp. Express v. California—The Supreme Court declines to review a California Court of Appeal decision that misapplied the FAAAA.