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 December 2023 filings and results.
Click on the PDF button above for the full report.
Filings
WLF reminds the Seventh Circuit to take seriously the False Claims Act’s materiality and scienter requirements. (United States ex rel. Streck v. Eli Lilly)
WLF asks the Supreme Court to confirm that the FAA’s “transportation worker” exemption covers only workers in the transportation industry. (Bissonnette v. LePage Bakeries Park St., LLC)
WLF opposes the FCC’s latest proposal to classify broadband internet access as a telecommunications service under Title II of the Communications Act. (In re Safeguarding and Securing the Open Internet)
WLF urges the Supreme Court to apply the correct First Amendment test for compelled-speech regulations. (Moody v. NetChoice; NetChoice v. Paxton)
Results
The California Court of Appeal reverses the trial court’s finding of ERISA preemption in an important federal preemption case. (LHC Group Inc. v. Bayer Corp.)
The Fifth Circuit holds that the FTC’s structure is constitutional. (Illumina v. FTC)
The First Circuit affirms the criminal convictions of two medical-device company executives under the FDCA. (United States v. Facteau)
Congress and the Supreme Court approve amendments to Rule 702 that make it harder for courts to circumvent the Rule’s requirements ensuring reliability of expert evidence. (In re Proposed Amendments to Federal Rule of Evidence 702) *victory*