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 April 2023 filings and results.

Click on the PDF button above for the full report.


Union Pacific Railroad Co. v. Surface Transportation Board—WLF urges Eighth Circuit to vacate unlawful Surface Transportation Board rule.

Burgess v. Whang—WLF asks the Fifth Circuit to hold that the FDIC’s structure is unconstitutional.


State of New York v. Facebook, Inc.—The D.C. Circuit affirms a federal trial court’s dismissal of antitrust claims against Facebook for denying its competitors the free use of its platform. *victory*

Epic Games v. Apple Inc.—The Ninth Circuit affirms in part and reverses in part the judgment in a prominent antitrust case. *partial victory*

In re Niaspan Antitrust Litigation—The Third Circuit reaffirms its robust ascertainability standard for class actions. *victory*

BP PLC v. Baltimore/Suncor Energy v. Boulder County—The Supreme Court declines to review an important question about greenhouse-gas litigation.

Axon v. FTC—The Supreme Court holds that district courts may hear constitutional challenges to the SEC’s and the FTC’s structure. *victory*