July 2026 Month in Review
7 amicus filings – 3 regulatory comments – 13 publications – 3 op-eds – 1 program
NEW FILINGS – AMICUS BRIEFS
In re Juul Labs, Inc. Antitrust Litigation
WLF urges the Ninth Circuit to reverse a district court’s class-certification order that improperly applied California’s Cartwright Act to out-of-state transactions and harms.
[antitrust/class action]
Zillow Group, Inc. v. Jaeger
WLF asks the Supreme Court to clear up deepening confusion on the scope of disclosure requirements under federal securities law.
[securities/class action]
Kielczewski v. SEC
WLF urges the D.C. Circuit to void an SEC order upholding penalties imposed by the Financial Industry Regulatory Authority.
[rule of law]
Lewandowski v. Johnson & Johnson
WLF asks the Third Circuit to affirm the dismissal of an ERISA class action that challenges prescription drug prices inside a self-funded health plan.
[class action]
NetChoice v. Weiser
WLF urges the Tenth Circuit to affirm a decision enjoining a Colorado law that forces social media platforms to discourage certain users from using their products.
[commercial speech]
Benavides v. Telsa, Inc.
WLF asks the Eleventh Circuit to reverse a $200 million punitive-damages award in a products-liability case against Tesla.
[punitive damages]
Sandoz, Inc. v. Amgen Inc.
WLF asks the Fourth Circuit to reject a competitor’s attempt to relitigate issues already resolved in prior litigation.
[antitrust]
NEW FILINGS – REGULATORY COMMENTS
In re Suppression of Accuracy in Artificial Intelligence Systems
WLF comments on the FTC’s proposed policy statement that AI systems with “undisclosed ideological objectives” could constitute unfair and deceptive trade practices under the FTC Act.
[antitrust/consumer protection]
In re SEC Rescission of Climate-Related Disclosure Rules
WLF comments on the SEC’s proposal to rescind its 2024 climate-disclosure rules, which exceeded the agency’s authority and raised significant First Amendment concerns.
[commercial speech]
In re AT&T Services
WLF urges the FCC to grant AT&T’s petition and preempt California’s carrier-of-last-resort regime.
[Supremacy Clause]
CASE UPDATES (DECISIONS ISSUED)
Ohio Telecom Ass’n v. FCC
The Sixth Circuit agrees to en banc review in an important separation of powers case about the Congressional Review Act. *victory*
[rule of law]
Dunn v. Santa Fe Natural Tobacco Co.
The Tenth Circuit holds that administrative feasibility is not a freestanding prerequisite under Rule 23.
[class action]
American Car Rental Association v. Humphreys
The Tenth Circuit upholds Colorado’s $3-a-day “Congestion Activity Fee” on short-term vehicle rentals against a preemption challenge.
[Supremacy Clause]
Computer & Communications Industry Ass’n v. Paxton
The Supreme Court declines to vacate the Fifth Circuit’s stay of the preliminary injunction against enforcement of Texas’s App Store Accountability Act.
[commercial speech]
PUBLICATIONS
Guidance for Thee, But Not for Me: The FDA’s Bait-and-Switch in Franco v. Chobani
Cory L. Andrews, Washington Legal Foundation
[federal preemption]
Post-Popa v. Microsoft, Courts in California Keep the Standing Bar High for Web-Tracking Claims
Lawrence (“LB”) Burns, Reed Smith LLP
[personal jurisdiction/standing]
Second & Ninth Circuit Federal Preemption Rulings Fragment Building Electrification Legal Landscape
Michael Showalter and Samuel A. Rasche, ArentFox Schiff LLP
[Supremacy Clause]
The TCPA and Texts: A Question Justice Thomas Asked Five Years Ago Finally Gets an Answer
Cory L. Andrews, Washington Legal Foundation
[class action]
Respecting the Scope of DC’s Home Rule Act as Applied to Consumer Protection
Professor Donald Kochan, Antonin Scalia School of Law, George Mason University
[antitrust/consumer protection]
EPA’s Proposed NEPA Regulatory Reform Merits Supportive Public Comments
Chris Thomas, Holland & Hart LLP
[environmental]
Against Rumsfeld Deference: Don’t Let the “Fighting Constitution” Capture the Peacetime First Amendment
Zac Morgan, Washington Legal Foundation
[commercial speech]
Public Nuisance & the First Amendment: Free-Speech Defenses to an Expanding Tort
Cory L. Andrews, Washington Legal Foundation
[commercial speech]
The Rise and Potential Fall of the “One Molecule” Theory in Ethylene Oxide Litigation
Aleksandra Rybicki and Alexa D. Halkias, Hollingsworth LLP
[product liability]
When the Thing Does Not Speak: The Seventh Circuit Rejects Expansion of Res Ipsa Loquitur
Lucy Dennis, Washington Legal Foundation
[civil justice]
4th Circuit Donning-and-Doffing Decision Offers New Lessons on Opposing Class Cert
Frank Cruz-Alvarez and Samantha Thomas, Arnold & Porter
[class action]
A Hard-Won FDA Permission for Truthful Tobacco Risk-Reduction Speech
Zac Morgan, Washington Legal Foundation
[commercial speech]
Is Your Compliance Program Up to Date? DOJ Expects Companies to Learn from Others’ Mistakes
Greg Brower, Brownstein Hyatt Farber Schreck, LLP
[business civil liberties]
Justices’ “CVSG” Signals Interest in Drug Companies’ Challenge to Oregon Compelled Speech Law
Zac Morgan, Washington Legal Foundation
[commercial speech]
WLF-authored op-eds
How a Seemingly Unexciting Case on Retirement Plans Could Have Massive Consequences
SCOTUSblog, July 30, 2026
Cory L. Andrews
[rule of law]
Social-Media Regulation Doesn’t Belong in Court
Wall Street Journal, July 20, 2026
Cory L. Andrews
[separation of powers]
The Supreme Court Has Ruled: One Jury Shouldn’t Write the Nation’s Warning Labels
The Hill, July 13, 2026
Cory L. Andrews
[federal preemption]
Programming
The U.S. Supreme Court: October Term 2025 Review
Anthony J. Dick, Jones Day; Allyson N. Ho, Gibson, Dunn & Crutcher LLP; Roman Martinez, Latham & Watkins; and Zachary Tripp, Weil, Gotshal & Manges LLP