October 2026 Month in Review
HIGHLIGHTS:
9 amicus filings – 1 regulatory comment – 8 publications – 2 events
NEW FILINGS – AMICUS BRIEFS
In re Roundup Products Liability Litigation
WLF supports federal preemption in an MDL arising from state-law claims based on a federally mandated warning label for herbicide.
[federal preemption]
Nestlé USA, Inc. v. Falcone
WLF asks the Supreme Court to review a Ninth Circuit decision upholding certification of a California damages class containing uninjured members.
[personal jurisdiction/standing to sue]
Bucks County Employees Retirement System v. Norfolk Southern Corp.
WLF urges the Eleventh Circuit to grant permission to appeal from class certification in a controversial securities case.
[class action]
Nielsen v. Cumulus
WLF asks the Supreme Court to review a Second Circuit decision that drastically expands Sherman Act liability to cover “constructive tying.”
[antitrust/consumer protection]
Servicios Ojeda, C.A. v. Chevron Corporation
WLF urges the Fifth Circuit to reverse a district-court order holding that Chevron waived it right to arbitrate a commercial dispute.
[arbitration]
Drake v. Bayer Healthcare LLC
WLF asks the Supreme Court to grant review in a challenge to the Ninth Circuit’s certification of two damages classes.
[personal jurisdiction/standing to sue]
Charter Consolidated Ltd. v. Cape Intermediate Holdings Ltd.; Altrad Investment Authority S.A.S. v. Cape Intermediate Holdings Ltd.
WLF urges the Supreme Court to grant review of two petitions challenging the application of South Carolina’s receivership law over foreign corporations.
[rule of law]
Kaplan v. TransUnion
WLF urges the Third Circuit to reverse certification of a nationwide class in a Fair Credit Reporting Act case.
[personal jurisdiction/standing to sue]
FS Medical Supplies v. Tanner
WLF asks the Supreme Court to review a Fourth Circuit decision that simply ignored a firm’s U.S. citizenship for purposes of diversity jurisdiction.
[civil justice]
NEW FILINGS – REGULATORY COMMENTS
In re Updated Definition or “Waters of the United States”
WLF asks the EPA and the Army Corps of Engineers to clarify that the Clean Water Act applies to only “perennial” bodies of water.
[environmental]
CASE UPDATES (DECISIONS ISSUED)
Ninth Inning Inc. v. National Football League
The Ninth Circuit reverses the National Football League’s favorable judgment in an antitrust case brought by subscribers to the NFL’s “Sunday Ticket.”
[antitrust/consumer protection]
Gill v. Exxon Mobil Corp.
The Pennsylvania Superior Court officially affirmed an $815.8 million judgment against ExxonMobil Corporation in a benzene-exposure suit.
[punitive damages]
Robinhood Markets, Inc. v. Sodha
The Supreme Court calls for the views of the Solicitor General on a petition from a Ninth Circuit decision that advances a expansive reading of Section 11 of the Securities Act.
[class action]
Teck Metals v. Confederated Tribes of the Colville Reservation
The Supreme Court calls for the views of the Solicitor General on a petition from a Ninth Circuit decision that drastically expands CERCLA liability.
[environmental]
Norfolk Southern v. Mallory
The Supreme Court declines to review a Pennsylvania state court’s claim of personal jurisdiction over a dispute between two out-of-state parties about an out-of-state injury.
[personal jurisdiction/standing to sue]
Majestic Realty v. Salazar
The Supreme Court declines to revisit its controversial ruling in PruneYard v. Robins, a widely criticized First Amendment precedent.
[rule of law]
Zillow Group, Inc. v. Jaeger
The Supreme Court declines to review a controversial Ninth Circuit certification decision in a securities class action.
[class action]
PUBLICATIONS
Medical Monitoring and Limits to Federal Equitable Jurisdiction
James M. Beck, Reed Smith LLP
[personal jurisdiction/standing to sue]
Expert Admissibility in the Fourth Circuit: Coming Full Circle
Lee Mickus, Evans Fears Schuttert McNulty Mickus LLP
[expert evidence]
DOJ’s New WHIP Program: A New Weapon Against Fraud, or Just a Faster Path to an Existing Reward?
Greg Brower, Brownstein Hyatt Farber Schreck LLP
[government contracting/False Claims Act]
State Intrusions into Federal Drug Discount Program: McCulloch v. Maryland, Round Two
Cory L. Andrews, Washington Legal Foundation
[Supremacy Clause]
Staged, Filed and Profitable: The Enterprise Behind Litigation Fraud
Sherman “Tiger” Joyce, American Tort Reform Association
[civil justice]
RealPage and its Algorithm Merit Protection from Speech-Eating Wolf Hidden under State Antitrust Wool
Zac Morgan, Washington Legal Foundation
[commercial speech]
Court Correctly Rejects Crestfallen Halloween-Candy Consumers’ Class Action
Glenn G. Lammi, Washington Legal Foundation
[class action]
Six Takeaways from DOJ’s New Corporate Fraud Enforcement Priorities
Greg Brower, Brownstein Hyatt Farber Schreck LLP
[business civil liberties and criminal liability]
EVENTS
Marked for Oversight: How to Approach Investigations During the 120th Congress
Reginald J. Brown, Kirkland & Ellis; Professor Sara Zdeb, Emory University School of Law; Will Moschella, Brownstein Hyatt Farber Schreck, LLP
[business civil liberties and criminal liability]
WLF Legal Policy Salon: Section 340B—Harnessing Lessons from a Turbulent Landscape
The third installment of WLF’s new small-group, off-the-record discussion focused on administrative-law, consumer-protection, and constitutional litigation involving a federal drug discount program gone askew.
[Supremacy Clause]