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 May 2024 filings and results.

Click on the PDF button above for the full report.

Filings

WLF encourages the Supreme Court to hear an important case about the False Claims Act’s scope. (Wisconsin Bell, Inc. v. United States ex rel. Heath)

WLF asks the Supreme Court to hear an important case about proximate cause and aiding-and-abetting liability. (Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos)

WLF urges the Supreme Court to clarify the scope of the False Claims Act’s public-disclosure bar. (Valeant Pharmaceuticals Int’l v. United States ex rel. Silbersher)

Decisions

The Supreme Court vacates a Second Circuit decision holding a New York state banking law preempted by the National Bank Act. (Cantero v. Bank of America)

The Supreme Court upholds the CFPB’s novel funding mechanism as constitutional. (CFPB v. Community Financial Services Association)

The Second Circuit affirms the dismissal of a baseless antitrust complaint. (In re Bystolic Antitrust Litig.) *victory*

The Kentucky Court of Appeals vacates an unjustified damages award.  (Carey v. CSX) *victory*

The Eighth Circuit denies rehearing in a case involving state interference with a federal prescription-drug benefit program. (PhRMA v. McClain)

The Supreme Court of California agrees to review a radical new theory of liability for pharmaceutical manufacturers. (In re Gilead Tenofovir Cases) *victory*