May 2026 Month in Review
HIGHLIGHTS:
6 amicus filings – 1 victory – 8 publications – 1 program
NEW FILINGS – AMICUS BRIEFS
United States v. Google
WLF asks the DC Circuit to reject an overbroad remedies decree that bears a tenuous connection to Google’s adjudicated antitrust violations.
[antitrust]
Norfolk Southern Railway Co. v. Mallory
WLF asks the Supreme Court to review and reverse, on dormant Commerce Clause grounds, a state court’s holding that a defendant consented to be sued in Pennsylvania by simply registering to do business in the state.
[personal jurisdiction]
Suncor v. County of Boulder
WLF urges the Supreme Court to reverse a Colorado Supreme Court decision allowing a climate-change suit by Boulder County against major energy companies.
[rule of law/environmental]
Kaplan v. TransUnion
WLF asks the Third Circuit to review an order certifying a class likely containing thousands of uninjured individuals.
[class actions]
Door Dash v. City of New York
WLF urges the Second Circuit to hold that New York City’s interference in commercial transactions by third-party delivery apps violates the First Amendment.
[commercial speech]
Samsung v. Peters
WLF asks the Supreme Court to review a Minnesota court’s decision to assert jurisdiction over a foreign company for harm caused by misuse of its product.
[personal jurisdiction]
CASE UPDATES (DECISIONS ISSUED)
Flowers Foods v. Brock
The Supreme Court clarifies the scope of the Federal Arbitration Act’s transportation-worker exemption.
[arbitration]
New York Football Giants v. Flores
The Supreme Court declines to clarify the scope of the effective-vindication exception to the Federal Arbitration Act.
[arbitration]
Union Carbide Corp. v. Sommerville
The Supreme Court declines to resolve a circuit split on the gatekeeping role of district judges under Federal Rule of Evidence 702.
[expert evidence]
United States ex rel. Streck v. Eli Lilly
The Supreme Court declines to review the constitutionality of the False Claims Act’s qui tam provisions.
[business civil liberties]
Janssen Pharms. v. Kennedy
The Supreme Court declines to review the Inflation Reduction Act’s controversial Medicare Drug Price Negotiation Program.
[business civil liberties]
Montgomery v. Caribe
The Supreme Court decides that a federal law regulating brokers and motor carriers does not preempt a state tort claim against a broker for negligent hiring.
[Supremacy Clause]
Minnesota Telecom Alliance v. FCC
The Eighth Circuits vacates the FCC’s controversial digital discrimination rule. *victory*
[rule of law]
BNSF v. Lynn
The Supreme Court declines to review, under the dormant Commerce Clause, a Minnesota state court’s claim of personal jurisdiction over two out-of-state litigants.
[personal jurisdiction]
PUBLICATIONS
Recent Developments Fortify Case for a Surface Transportation Board Preemption Policy
Glenn G. Lammi, Washington Legal Foundation
[Supremacy Clause]
The Coming Collision: California’s Disparate Impact Regime Is Vulnerable to an Equal Protection Challenge
Thomas Watson, Horvitz & Levy LLP
[employment law]
Third-Party Litigation Funding in the U.S., UK, and EU: What Companies Facing Funded Claims Need to Know
Britt Miller, Matthew Provance, and Megan Stride, Mayer Brown LLP
[civil justice reform]
IARC’s Precautionary Science: How the WHO Cancer Research Agency Misinforms Regulation and Litigation
Nathan A. Schachtman, UB Greensfelder, LLP; Foreword by Richard A. Williams, Ph.D., Toxicology Excellence for Risk Assessment
[expert evidence]
The 340B Drug Discount Program Shows Why Courts Can’t Defer to Agencies
Jay DeSanto, Washington Legal Foundation
[administrative law]
“Without Unduly Burdening Business” Returns to FTC Mission—But to What End?
Andy Jung, TechFreedom
[antitrust/consumer protection]
Perkins Coie v. DOJ Oral Argument: “There Are Certain Things Even the Unitary Executive Cannot Do.”
Zac Morgan, Washington Legal Foundation
[rule of law]
FinCEN’s New AML Proposal: Modernization or Mission Creep?
Greg Brower, Brownstein Hyatt Farber Schreck, LLP
[business civil liberties]
PROGRAMS
From Executive Orders to Legislation: The Future of Federal AI Preemption
Neil Chilson, Abundance Institute; Jennifer Huddleston, Cato Institute; Andy Jung, TechFreedom
[Supremacy Clause]