This WLF Litigation Division feature highlights WLF court filings, as well as decisions issued in response to WLF’s court and agency filings. In this edition, we list September 2022 filings and results.

Click on the PDF button above for the full report.

NEW FILINGS

Trendsettah USA v. Swisher Int’l—WLF asks the Supreme Court to hear an important case about appellate jurisdiction in the federal courts.

Daniels-Feasel v. Forest Pharmaceuticals—WLF urges the Second Circuit to affirm the exclusion of scientifically unreliable evidence in an important pharmaceutical case.

StarKist Co. v. Olean Wholesale Cooperative—WLF asks Supreme Court to put an end to plaintiffs’ averaging of injuries to satisfy predominance in class certification.

Mallory v. Norfolk Southern Railway Co.—WLF urges the Supreme Court to reaffirm due-process limits on general personal jurisdiction.

DECISIONS

U.S. ex rel. Sheldon v. Allergan—The en banc Fourth Circuit affirms a district court’s dismissal of a qui tam action against a pharmaceutical company.

Calcutt v. FDIC—Ignoring a confession of error by the FDIC, the Sixth Circuit denied en banc rehearing in an important administrative law case. Justice Kavanaugh, however, recalled the Sixth Circuit’s mandate and stayed that ruling after the Solicitor general conceded that the Supreme Court is likely to grant certiorari and reverse.