March 2026 Month in Review
HIGHLIGHTS:
8 amicus filings – 2 comments – 3 publications – 1 program
NEW FILINGS – AMICUS BRIEFS
Barry v. DePuy Synthes
WLF urges the Federal Circuit to rehear en banc a decision that reversed exclusion of junk science from a patent infringement trial.
[expert evidence]
Bounthon v. The Proctor & Gamble Co.
WLF asks the Ninth Circuit to affirm dismissal of a speculative class action complaint alleging false advertising.
[class actions/commercial speech]
San Diego Cnty. Empl. Ret. Ass’n v. Johnson & Johnson
WLF urges the Supreme Court to review a flawed Third Circuit ruling and clear up deepening confusion on the scope of disclosure requirements under federal securities law.
[class actions]
In re Jul Labs, Inc. Antitrust Litigation
WLF asks the Ninth Circuit to grant immediate appeal from a class certification order unduly extending California’s Cartwright Act to out-of-state transactions and harms.
[class actions]
The Babylon Bee v. Bonta
WLF urges the Ninth Circuit to confirm that Section 230 of the Communications Decency Act preempts California’s regulation of AI-edited online speech.
[preemption]
Robinhood Markets, Inc v. Sodha
WLF asks the Supreme Court to review the Ninth Circuit’s expansive reading of Section 11 of the Securities Act.
[class actions]
Monsanto v. Durnell
WLF urges the Supreme Court to reject, on preemption grounds, state-law liability for failure to add an illicit warning to an EPA-approved pesticide label.
[preemption]
Sripetch v. SEC
WLF asks the Supreme Court to reverse a Ninth Circuit decision allowing disgorgement in the absence of any financial injury.
[rule of law]
NEW FILINGS – REGULATORY COMMENTS
In re Proposed Arkansas Discovery Rule Amendments
WLF joins other civil-justice groups on a formal comment endorsing a proposed amendment to the Arkansas Rules of Civil Procedure.
[civil justice]
In re Proposed Arkansas Evidence Rule Amendments
WLF joins other civil-justice groups on a formal comment endorsing a proposed amendment to the Arkansas Rules of Evidence.
[civil justice]
CASE UPDATES (DECISIONS ISSUED)
Takeda Pharmaceutical Co. v. Painters Fund
The Supreme Court declines to resolve a circuit split over whether a class action may include the claims of uninjured class members.
[class actions]
Burgess v. Whang
The Fifth Circuit denies rehearing in an important constitutional challenge to the FDIC.
[rule of law]
Epic Games, Inc. v. Google
On the parties’ joint motion, the Supreme Court dismisses a certiorari petition in an important antitrust dispute.
[rule of law]
United Water Conservation District v. United States
The Supreme Court declines to clarify its Takings jurisprudence in an important water-rights case.
[property rights]
PUBLICATIONS
Ninth Circuit Rejects FOIA Request, Upholds Grand Jury Secrecy in White Collar Case
Greg Brower and Zachary Meyer, Brownstein Hyatt Farber Schreck, LLP
[corporate criminal liability]
Regulation of Consumer Drug Ads: Legislative Dos and Don’ts
Zac Morgan, Washington Legal Foundation
[commercial speech]
A Litigation Funding Postmortem: Lessons from the Seventh Circuit in Broiler Chicken
Erica B. Zolner and Casey R. Fronk, Redgrave LLP
[civil justice]
PROGRAMS
Local Lawsuits, Statewide Effects: Can Attorneys General Halt Encroachments on their Authority?
Joseph Sciarrotta, Office of Kansas Attorney General; Rob McKenna, Orrick; and Andy Cook, Orrick
[civil justice/rule of law]