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 2022 filings and results.

Click on the PDF button above for the full report.

NEW FILINGS

Epic Games v. Apple Inc.—WLF asks the Ninth Circuit to affirm a federal trial court’s ruling that Apple is not a monopolist in any relevant market and that its App Store policies are not anticompetitive.

State of New York v. Facebook, Inc.—WLF urges the D.C. Circuit to affirm a federal trial court’s dismissal of antitrust claims against Facebook for denying its competitors the free use of its platform to harm Facebook’s core business.

Alig v. Quicken Loans—WLF asks the Fourth Circuit to follow the Supreme Court’s TransUnion decision by denying uninjured class members standing to sue.

In re: Niaspan Antitrust Litigation—WLF urges the Third Circuit not to dilute its robust ascertainability standard for class actions.

In re Merger Enforcement—WLF encourages FTC and DOJ to issue merger guidelines consistent with current law.

Molina Healthcare v. Prose—WLF urges the Supreme Court to clarify that Rule 9(b)’s heightened pleading standard governs qui tam claims.

3M Co. v. Amador—WLF asks the Supreme Court to rein in junk science in an important medical-device MDL.  

N.Y. State Telecomm. Ass’n v. James—WLF urges the Second Circuit to uphold a permanent injunction in an important preemption case affecting the internet.

RESULTS

Adams v. Merck Sharp & Dohme—The Ninth Circuit rejects junk science and affirms summary judgment for a drug manufacturer in products-liability litigation over a leading diabetes therapy.

RJR Tobacco Co. v. Los Angeles—The Ninth Circuit misconstrues a federal law preempting localities from imposing standards on tobacco products that differ from FDA-authorized product standards.

In re Goldman Sachs Group, Inc. Securities Litigation—The Second Circuit grants interlocutory review in a prominent securities class action.

Alphabet Inc. v. Rhode Island—The Supreme Court declines to clarify companies’ disclosure obligations under federal securities law