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 March 2023 filings and results.
Click on the PDF button above for the full report.
NEW FILINGS
U.S. ex rel. Schutte v. SuperValu; U.S. ex rel. Proctor v. Safeway—WLF asks Supreme Court to apply Safeco test for willfulness in False Claims Act cases.
In re Non-Compete Rule—WLF urges the FTC to abandon its proposal to ban almost all non-compete agreements nationwide.
Carson v. Monsanto Co.—WLF asks the en banc Eleventh Circuit to clarify that state tort law may not alter a federally regulated herbicide manufacturer’s product-labeling duties.
Yegiazaryan v. Smagin—WLF urges the Supreme Court to confirm that foreign-domiciled plaintiffs cannot sue for intangible economic injuries under civil RICO.
Calcutt v. FDIC—WLF asks the Supreme Court to clarify when parties may challenge an agency’s unconstitutional structure.
RESULTS
Vanda Pharmaceuticals v. FDA—The U.S. District Court for the District of Columbia rejects FDA’s deliberative-privilege claim in an important FOIA dispute. *victory*
In re LTL Management, LLC—The Third Circuit declines to rehear en banc a critical bankruptcy case.