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 July 2023 filings and results.
Click on the PDF button above for the full report.
FILINGS
Loper Bright v. Raimondo—WLF urges the Supreme Court to eliminate Chevron deference.
In re Bystolic Antitrust Litig.—WLF asks the Second Circuit to affirm a decision dismissing a baseless antitrust complaint.
R.J. Reynolds v. FDA—WLF urges the Fifth Circuit to affirm a decision vacating on First Amendment grounds FDA’s compelled-speech mandate on tobacco products and advertising.
CFPB v. Community Financial Services Association—WLF asks the Supreme Court to declare CFPB’s funding method unconstitutional.
Ainslie v. Cantor Fitzgerald—WLF urges the Delaware Supreme Court to enforce a partnership agreement between sophisticated parties according to its plain terms.
Macquarie Infrastructure Corp. v. Moab Partners—WLF asks the Supreme Court to review, and ultimately to overturn, a Second Circuit interpretation of federal securities law that splits with every other circuit that has decided the issue.
DECISIONS
Daniels-Feasel v. Forest Pharmaceuticals—The Second Circuit affirms the exclusion of unreliable expert evidence in an important pharmaceutical case.
In re Merger Guidelines—Over WLF’s objections, the DOJ and the FTC issued draft merger guidelines that read more like a command-economy roadmap than a serious government policy.
Bert Co. v. Turk—The Supreme Court of Pennsylvania upholds an excessive punitive-damages award.
Abbo-Bradley v. City of Niagara Falls—The Second Circuit affirms a decision remanding to state court a toxic-tort suit filed by residents of Niagara Falls.
Carson v. Monsanto—The en banc Eleventh Circuit remands to the panel to decide whether, under ordinary principles of statutory construction, an EPA action under the Federal Insecticide, Fungicide, and Rodenticide Act preempts the requirements of Georgia tort law.