This WLF Litigation Division feature highlights WLF court filings, as well as decisions issued in response to WLF’s court filings. In this edition, we list June 2023 filings and results.

Click on the PDF button above for the full report.


In re Negative Option Rule—WLF joins a coalition on a comment cautioning the FTC that its proposed Negative Option Rule exceeds the agency’s lawful authority.

Epic Games v. Apple—WLF asks the Ninth Circuit to rehear en banc an antitrust case imposing a nationwide injunction that offends core federalism tenets.

In re Google Play Store Antitrust Litigation—WLF urges the Ninth Circuit to bar uninjured plaintiffs from pursuing money damages.

Painters Fund v. Takeda Pharmaceutical Co.—WLF asks the Ninth Circuit to review a class-certification order in unwieldy civil-RICO case.

MITA v. Library of Congress—WLF urges the D.C. Circuit to reinstate a suit challenging a final rule issued by the Library of Congress.

Illumina v. FTC—WLF asks the Fifth Circuit to reverse an FTC order and declare the agency’s structure unconstitutional.


Epic Games v. Apple Inc.—The Ninth Circuit declines to rehear en banc an important antitrust case.

Cooper Tire v. McCall—The Supreme Court declines to review a Georgia Supreme Court decision holding that state courts may exercise general jurisdiction over any foreign company that registers to do business in the State.

Mallory v. Norfolk Southern Railway Co.—The Supreme Court holds that state courts’ exercising general jurisdiction over any company registered to do business in a State does not violate the Fourteenth Amendment’s Due Process Clause.

Coinbase v. Bielski—The Supreme Court clarifies that an immediate appeal as of right from a district court’s refusal to compel arbitration automatically stays litigation pending the appeal. *victory*

Health Freedom Defense Fund v. Biden—The Eleventh Circuit vacates as moot an order setting aside the CDC’s illicit mask mandate for public transportation.

Yegiazaryan v. Smagin—The Supreme Court rejects a bright-line rule and holds that a foreign-domiciled plaintiff alleges a domestic injury under RICO when the “circumstances surrounding the injury indicate it arose in the United States.”

U.S. ex rel. Polansky v. Executive Health Resources—The Supreme Court confirms that the United States may, at any time, intervene in and dismiss a qui tam suit under the False Claims Act. *victory*

The Atlanta Opera, Inc.—The NLRB abandons the common-law test for whether an independent contractor qualifies as an employee.

Slack Technologies, LLC v. Pirani—The Supreme Court clarifies the scope of liability under section 11 of the Securities Act. *victory*

United States ex rel. Schutte v. SuperValu; United States ex rel. Proctor v. Safeway—The Supreme Court declines to adopt the Safeco test for willfulness in False Claims Act cases.