June 2026 Month in Review
HIGHLIGHTS:
8 amicus filings – 3 victories – 7 publications – 1 Legal Policy Salon
NEW FILINGS – AMICUS BRIEFS
Salazar v. Paramount Global
WLF urges the Supreme Court to clarify that the Video Privacy Protection Act reaches only audiovisual goods or services, not merely any goods or services from a company that also offers video content.
[class actions]
Majestic Realty v. Salazar
WLF asks the Supreme Court to grant review and overrule PruneYard v. Robins, an outlier from the Court’s First and Fifth Amendment caselaw.
[First Amendment]
Computer & Communications Industry Ass’n v. Paxton
WLF joins a coalition amicus brief urging the Supreme Court to vacate the Fifth Circuit’s stay of the preliminary injunction against enforcement of Texas’s App Store Accountability Act.
[commercial speech]
Younge v. Fulton County Judicial Circuit District Attorney’s Office
WLF reminds the Supreme Court that procedural rules promote orderly litigation only when properly invoked by the parties, and that sua sponte judicial action on forfeiture violates the party-presentation principle.
[rule of law]
Investing Plaintiffs v. Equity Trust Co.
WLF urged the Ninth Circuit to reverse a district court order denying arbitration, in a decision that nullified the parties’ express contractual assents.
[arbitration]
Johnson v. Congress
WLF asks the Supreme Court to rule that Congress must speak clearly before stripping federal district courts of jurisdiction to hear constitutional questions.
[rule of law]
Drummer v. CoStar Group, Inc.
WLF urges the Ninth Circuit to reverse a district court order permitting privacy claims based on the routine transmission of IP addresses.
[class actions]
Mizrahi v. United States
WLF asks the Supreme Court to decide whether the Sixth Amendment requires a jury trial to determine the facts needed for criminal forfeiture.
[business civil liberties]
CASE UPDATES (DECISIONS ISSUED)
Trump v. Slaughter
The Supreme Court overrules its 1935 decision in Humphrey’s Executor v. United States and hold that Congress cannot limit the President’s authority to remove FTC commissioners. *victory*
[rule of law]
Samsung v. Peters
The Supreme Court declines to review a Minnesota court’s decision to assert jurisdiction over a foreign company for harm caused by misuse of its product.
[personal jurisdiction]
Monsanto Co. v. Durnell
The Supreme Court rejects, on express preemption grounds, state-law liability for failure to add an illicit warning to an EPA-approved pesticide label. *victory*
[preemption]
Cisco Systems v. Doe I
The Supreme Court halts activists from imposing massive liability on U.S. entities for allegedly aiding and abetting a third-party’s human rights violations overseas. *victory*
[rule of law]
Barry v. DePuy Synthes
The Federal Circuit declines to rehear en banc a decision that greenlighted junk science in a patent infringement trial.
[expert evidence]
Perlmutter v. Federal Insurance Company
The Florida Supreme Court rejects a clear-and-convincing evidentiary threshold before pleadings may be amended to add punitive damages claims.
[punitive damages]
FCC v. AT&T; Verizon Communications v. FCC
The Supreme Court holds that the FCC’s monetary penalties scheme does not violate the Seventh Amendment.
[rule of law]
Sripetch v. SEC
The Supreme Court clarifies that equitable principles do not require a showing of pecuniary loss before the SEC may seek disgorgement.
[rule of law]
PUBLICATIONS
Fourth Circuit Silences Maryland’s Electricity Greenwashing Ban
Jim Wedeking, Boyden Gray PLLC
[commercial speech]
Justices’ “CVSG” Signals Interest in Drug Companies’ Challenge to Oregon Compelled Speech Law
Zac Morgan, Washington Legal Foundation
[commercial speech]
Compromise Necessary but Not Sufficient for AI Preemption
Andy Jung, TechFreedom
[Supremacy Clause]
A Law Too Constitutional to Enforce, Too Doubtful to Defend
Cory L. Andrews, Washington Legal Foundation
[civil justice]
Jury Trials, Back Pay, and Labor Law: How the Supreme Court Could Deal Yet Another Blow to the NLRB
Alex MacDonald, Littler Mendelson LLP
[employment law]
The “Eddie Murphy Rule” Comes to Event Contracts: DOJ and CFTC Signal Enforcement Push Against Prediction Market Insider Trading
Greg Brower, Brownstein Hyatt Farber Schreck, LLP
[capital markets]
Paxton’s Glyphosate Gambit: Precautionary Politics Over Sound Science
Cory L. Andrews, Washington Legal Foundation
[expert evidence]
PROGRAM
WLF Legal Policy Salon: Strategic Approaches to Public-Nuisance Claims
The second-quarter installment of WLF’s new small-group, off-the-record discussion focused on state and local governments’ revival of an antiquated tort-law theory in litigation against “disfavored” product manufacturers.
[civil justice]