On September 18, 2023, the parties in a contested Ninth Circuit class action voluntarily dismissed a Ninth Circuit appeal after the Northern District of California decertified the class of injured plaintiffs. This result was welcome news for WLF, which had filed an amicus brief urging the Ninth Circuit to reverse the original class-certification order. Tracking arguments made in WLF’s Ninth Circuit brief, the District Court correctly held that the plaintiffs’ expert witness’s testimony was inadmissible. Without that testimony, the plaintiffs could not show an Article III injury on a class-wide basis.


WLF amicus brief