February 2026 Month in Review
HIGHLIGHTS:
5 amicus filings – 2 comments – 3 victories – 4 publications – 3 programs
NEW FILINGS – AMICUS BRIEFS
Williams v. Sig Sauer
WLF asks the Fourth Circuit to affirm the exclusion of unreliable expert testimony in a products liability case.
[expert evidence]
Cisco Systems v. Doe I
WLF urges the Supreme Court to halt activists from imposing massive liability on U.S. entities for aiding and abetting a third-party’s alleged human rights violations overseas.
[rule of law]
FCC v. AT&T; Verizon Communications v. FCC
WLF asks the Supreme Court to hold that the FCC’s monetary penalties scheme violates the Seventh Amendment.
[rule of law]
Union Carbide Corp. v. Sommerville
WLF urges the Supreme Court to resolve a circuit split on the gatekeeping role of district judges under Federal Rule of Evidence 702.
[expert evidence]
New York Football Giants v. Flores
WLF urges the Supreme Court to clarify the scope of the effective-vindication exception to the Federal Arbitration Act.
[arbitration]
NEW FILINGS – REGULATORY COMMENTS
In re Proposed Rule of Evidence 707
WLF asks the Judicial Conference’s Advisory Committee on Evidence to reject a proposed amendment to the Federal Rules of Evidence.
[expert evidence]
In re Proposed Amendments to U.S. Sentencing Guidelines
WLF advises the U.S. Sentencing Commission to adopt predictable, proportionate, and uniform sentencing guidelines.
[business civil liberties]
CASE UPDATES (DECISIONS ISSUED)
Hain Celestial Group v. Palmquist
The Supreme Court upholds a wasteful state-court do-over in a federal removal dispute.
[civil justice]
Suncor Energy v. County of Boulder
The Supreme Court agrees to review the Colorado Supreme Court’s decision greenlighting Boulder County’s climate-change suit against major energy companies. *victory*
[Supremacy Clause]
Learning Resources v. Trump
The Supreme Court holds that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. *victory*
[rule of law]
Ratha v. Rubicon Resources LLC
The en banc Ninth Circuit botches the test for determining whether a statute applies retroactively to pre-enactment conduct.
[rule of law]
American Beverage Association v. Paxton
The Western District of Texas preliminarily enjoins a Texas law compelling misleading warning labels on food products. *victory*
[commercial speech]
PUBLICATIONS
Reining in Local Government Encroachment on Attorney General Litigating Authority: Legislative and Litigation Solutions
Andy Cook and Rob McKenna, Orrick; foreword by The Honorable Kris Kobach, Attorney General of Kansas
[civil justice]
Clear, Conspicuous, and Not Gonna Happen: Statutory Roadblocks Against Abusive Major Statement Regulations for DTC Pharma Ads
Zac Morgan, Washington Legal Foundation
[commercial speech]
The “Labor Peace” Agreement Surge Could Be Cut Short by a Federal Labor Law—But Not the One You’re Thinking Of
Alex MacDonald, Littler Mendelson PC
[employment law]
Growing Exceptions, Shrinking PSLRA Safe Harbor
Lyle Roberts, AO Shearman
[class actions]
PROGRAMS
A Shift in California Antitrust Law: The State’s Single Firm Conduct Proposal
A Tech in the Courts program
Jay Ezrielev, Elevecon; Professor Barak Orbach, University of Arizona James E. Rogers College of Law; Bilal Sayyed, TechFreedom
[antitrust]
FDA’s Drug Ad “Crackdown”: Constitutional & Statutory Questions, Patient Empowerment Impact
Dan Troy, BRG; John “CZ” Czwartacki, Informed Patients Project; and Dara Katcher Levy, Hyman, Phelps & McNamara PC
[commercial speech/FDA regulation]
High Court Halftime: The U.S. Supreme Court’s October Term 2025 at Midpoint
Yaira Dubin, Sullivan & Cromwell; Corbin K. Barthold, TechFreedom
[multiple]
VIDEO SHORTS
The Plain Meaning: Judicial Review
[administrative law]