December 2025 Month in Review

HIGHLIGHTS:
3 amicus filings – 1 victory – 3 publications – 1 new video short

NEW FILINGS – AMICUS BRIEFS

American Beverage Association v. Paxton
WLF asks the Western District of Texas to enjoin a Texas law that forces food and beverage manufacturers to spread inaccurate information about the safety of their products.
[commercial speech]

Takeda Pharmaceutical Co. v. Painters Fund
WLF asks the Supreme Court to resolve a circuit split over whether a class action may include the claims of uninjured class members.
[class actions]

Flower Foods v. Brock
WLF asks the Supreme Court to clarify that commercial deliveries occurring entirely in-state do not qualify as “interstate commerce” under the FAA’s transportation-worker exemption.
[arbitration]

CASE UPDATES (DECISIONS ISSUED)

In re Tesla Inc. Derivative Action
The Delaware Supreme Court reverses a lower court’s decision cancelling CEO Elon Musk’s compensation package for Tesla. *victory*
[corporate governance]

Epic v. Apple
The Ninth Circuit affirms a district court’s wide-ranging, nationwide injunction based solely on California’s Unfair Competition Law.
[antitrust]

PUBLICATIONS

The Fourth Circuit Supercharges Public Nuisance Litigation in West Virginia and Beyond
Matthew B. Abney and John Kalas, Nelson Mullins
[civil justice]

Have You Tried Looking Harder? Seventh Circuit Directs Lower Courts to Go Beyond a Merits “Peek” when Assessing Class Certification
Ed Duffy and Michael A. Munoz, Baker Botts LLP
[class actions]

Proscriptions for Prescription Drug Ads Can’t Surmount First Amendment Hurdles
Zac Morgan, Washington Legal Foundation
[commercial speech]

VIDEO SHORTS

Law Made Simple: DoorDash v. City of New York
[commercial speech]