September 2025 Month in Review
HIGHLIGHTS:
9 amicus filings – 2 regulatory comments – 6 publications – 3 programs
NEW FILINGS — AMICUS BRIEFS
Amazon.com Services v. N.Y. State Public Employment Relations Bd.
WLF asks a federal trial court to invalidate a recent New York law
that usurps the National Labor Relations Act.
[Preemption & Employment Law]
DoorDash v. NYC
WLF filed in the Second Circuit challenging NYC’s ordinance compelling food-delivery platforms to disclose private customer data, which undermines associational privacy and First Amendment rights.[Commercial Speech]
U.S. Chamber v. Randolph
WLF filed in the Ninth Circuit challenging California’s climate-disclosure mandates as compelled speech, since they force companies to publish unreliable supply-chain emissions data.
[Commercial Speech]
San Diego ERS v. Johnson & Johnson
WLF filed in the Third Circuit seeking en banc review of a securities-fraud
class certification that conflicts with Supreme Court precedent.
[Class Action & Securities]
American Car Rental Ass’n v. Humphreys
WLF filed in the Tenth Circuit arguing that Colorado’s “Congestion Activity Fee” on short-term rentals
is preempted by federal law and unfairly targets airport commerce.
[Preemption]
Chevron v. Plaquemines
WLF filed at SCOTUS urging that federally directed work by contractors, like
Chevron’s wetlands operations, belongs in federal—not state—court.
[Jurisdiction & Environmental]
Suncor v. Boulder
WLF filed at SCOTUS arguing that state courts should not be used to set global climate policy through nuisance or consumer claims, which create inconsistent outcomes and legal uncertainty.
[Separation of Powers & Environmental]
Enbridge Energy v. Nessel
WLF filed at SCOTUS in a case testing whether rigid removal deadlines can bar
businesses from accessing a neutral federal forum in disputes with state officials.
[Separation of Powers & Environmental]
McKee Foods v. BFP Inc.
WLF filed in the Sixth Circuit reinforcing that ERISA preempts state mandates
that rewrite private contracts and disrupt employer healthcare plans.
[Preemption]
NEW FILINGS — REGULATORY COMMENTS
In re Direct-to-Consumer Pharmaceutical Advertising
WLF filed comments reminding FDA that regulating prescription-drug ads
must comply with the First Amendment.
[Commercial Speech]
In re Ultra-Processed Food Definition
WLF filed comments opposing FDA’s attempt to define “ultra-processed foods,”
which would both mislead consumers and violate the First Amendment.
[Commercial Speech]
CASE UPDATES (Decisions Issued)
Learning Resources v. Trump
Tariffs under IEEPA — SCOTUS consolidated and expedited tariff challenges — victory.
[Separation of Powers]
U.S. ex rel. Streck v. Eli Lilly
False Claims Act Scope — 7th Cir. affirmed trial court’s broad reading — setback.
[False Claims Act]
BMS v. Becerra; Janssen v. Becerra
IRA Drug-Price “Negotiation” — 3d Cir. upheld constitutionality — setback.
[Business Civil Liberties]
PUBLICATIONS
Fourth Circuit Issues Key Decision Impacting Ethylene Oxide and other Chemical-Exposure Claims
Robert Johnston, Aleksandra Rybicki & Sebastian Ovalle (Hollingsworth LLP)
[Toxic Tort & Expert Evidence]
Time to Revisit the “Bill of Costs” Statute in eDiscovery
Kelly Clay (GSK) & Patrick Oot, Adam Shoshtari,
& Keith Stafford (Shook Hardy & Bacon L.L.P.)
[Civil Justice]
It’s Time for the Supreme Court to Fix the Zauderer Problem
Zac Morgan (WLF)
[Commercial Speech]
Defeating “Ultra-Processed Food” Injury Claims
Evan Montgomery (Shook Hardy & Bacon L.L.P.)
[Civil Justice]
Leveraging Lone Pine to Cull Meritless PFAS Claims
Carter Thurman (Hollingsworth LLP)
[Civil Justice & Class Actions]
Radical Transparency on Pharma Ads “Crackdown”
Dara Levy, Jeffrey Wasserstein & Sara Koblitz
(Hyman, Phelps & McNamara)
[FDA Regulation & Commercial Speech]
PROGRAMS
The Birth of “Baby HSR” Laws: What You Need to Know about State Premerger Notification
Moderator: Adam M. Acosta (White & Case LLP)
Panel: Maureen Ohlhausen & Taylor M. Owings (Wilson Sonsini Goodrich & Rosati)
[Antitrust/Consumer Protection]
Cases and Controversies: Expectations for the U.S. Supreme Court’s October Term 2025
Panel: Anthony J. Dick (Jones Day), Josh Patashnik (Perkins Coie LLP) & Amit R. Vora (Kasowitz LLP)
[Multiple Issues]
Beneath the Surface:
A Deeper Dive into Third-Party Litigation Funding
Moderator: Mark A. Behrens (Shook, Hardy & Bacon L.L.P.)
Panel: Erica B. Zolner, Casey R. Fronk & Emma D. Hall (Redgrave LLP)
[Civil Justice]