November 2025 Month in Review
HIGHLIGHTS
8 amicus filings – 3 publications – 1 new video short
NEW FILINGS – AMICUS BRIEFS
United Water Conservation District v. United States
WLF asks the Supreme Court to clarify its Takings jurisprudence in an important water-rights case.
[property rights]
Swisher Int’l v. Trendsettah USA
WLF urges the Supreme Court to hear an important case about appellate jurisdiction in the federal courts.
[antitrust & civil justice]
Richards v. Eli Lilly
WLF asks the Supreme Court to revisit its misguided precedent on the FLSA’s collective action.
[employment law]
Massachusetts v. Meta
WLF urges the Massachusetts high court to reject the Commonwealth’s nuisance suit against Meta.
[civil justice]
SIS v. Intuitive Surgical Inc.
WLF asks the Ninth Circuit to reject a single-brand aftermarket theory in an important antitrust case.
[antitrust]
Google LLC v. Epic Games, Inc.
WLF urges the Supreme Court to review a Ninth Circuit decision upholding a sweeping injunction against Google in its antitrust battle with Epic Games.
[antitrust]
United States ex rel. Streck v. Eli Lilly & Co.
WLF asks the Seventh Circuit to rehear en banc a penal decision that Eli Lilly violated the False Claims Act by relying on a reasonable interpretation of ambiguous regulations.
[government contracting / False Claims Act]
Citigroup, Inc. v. Otto Candies
WLF urges the Supreme Court to review an Eleventh Circuit decision allowing civil-RICO claims premised on conduct actionable as securities fraud.
[securities & class actions]
CASE UPDATES (DECISIONS ISSUED)
Amazon.com Services v. N.Y. State Public Employment Relations Bd.
The Eastern District of New York preliminarily enjoins a New York law that usurps the National Labor Relations Act.
[employment law / separation of powers]
United States ex rel. Streck v. Eli Lilly & Co.
The Seventh Circuit denies rehearing of its decision standing False Claims Act liability on a party’s reasonable interpretation of ambiguous regulations.
[government contracting / False Claims Act]
Swinomish Indian Tribal Community v. BNSF
At the request of the parties, the Ninth Circuit dismissed the appeal and remanded a case concerning the limits of disgorgement relief available for a trespass.
[business civil liberties]
PUBLICATIONS
No Erosion by Pollution: The Shaky Foundations of Coastal Louisiana’s Lawsuits Against Energy Producers
Prof. Richard A. Epstein (NYU Law School)
[civil justice & environmental]
After McLaughlin v. McKesson: A Seismic Shift in TCPA Litigation and Jurisprudence
Aaron C. Tifft (Hall Estill)
[civil justice]
Utah Supreme Court Takes Significant Step Toward Eliminating “Phantom Damages”
Cary Silverman (Shook, Hardy & Bacon L.L.P.)
[civil justice]
VIDEO SHORTS
Law Made Simple: Prop 65 & Compelled Speech
[commercial speech]