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 October 2022 filings and results.
Click on the PDF button above for the full report.
U.S. ex rel. Polansky v. Executive Health Resources—WLF asks the Supreme Court to confirm that the government may, at any time, dismiss a qui tam suit under the False Claims Act.
In re HIV Antitrust Litigation—WLF asks the Ninth Circuit to review erroneous class-certification orders that improperly inflate the size and scope of the litigation.
In re Trade Regulation Rule—WLF cautions the FTC to adhere carefully to the law when promulgating a federal data-privacy rule.
In re Amendments to West Virginia Rules of Civil Procedure—WLF urges the West Virginia Supreme Court to adopt common-sense limits on discovery.
Consumers’ Research v. CPSC—WLF asks the Fifth Circuit to affirm a district court order declaring the Consumer Product Safety Commission’s structure unconstitutional.
Gilead Sciences, Inc. v. Superior Court—WLF urges the California Court of Appeal to reverse a trial court’s radical new theory of liability for manufacturers of non-defective prescription drugs.
Slack Technologies, LLC v. Pirani—WLF asks the Supreme Court to clarify the scope of liability in an important securities case.
Alig v. Quicken Loans—The Fourth Circuit vacates a district court judgment and remands for reconsideration in light of intervening Supreme Court precedent. *victory*
In re JUUL Marketing Sales Practices—The Ninth Circuit agrees to hear an important class-certification appeal. *victory*
Molina Healthcare of Illinois v. Prose—The Supreme Court declines to review an acknowledged circuit split over whether qui tam plaintiffs must identify a specific fraudulent claim for payment at the pleading stage.
In re Grand Jury—The Supreme Court agrees to clarify the scope of the attorney-client privilege for communications containing both legal and non-legal advice. *victory*
Suncor v. County of Boulder—The Supreme Court calls for the views of the solicitor general on a pending petition about greenhouse-gas litigation.