On August 8, 2018, WLF filed a brief in the U.S. Supreme Court, urging it to review (and ultimately overturn) an appeals court decision that would undermine class-wide settlements by permitting States to file copycat lawsuits despite benefitting from the prior settlement. WLF argued that plaintiffs are entitled to the same procedural protections afforded to other class members—no more and no less—and that the Constitution’s Eleventh Amendment does not protect States from being bound by class-action settlements. After participating as an absent class member in a class-wide settlement of antitrust claims against a drug company, Louisiana filed its own, identical claims against the company. The appeals court refused to issue an injunction against the copycat lawsuit, concluding that the Eleventh Amendment immunizes States from being bound by federal-court class actions. WLF argued that the Eleventh Amendment applies only to claims filed against a State and thus is not implicated here.
To download the brief, click here.