By Glenn Lammi
On September 1, 2026, the Eleventh Circuit vacated a Middle District of Florida decision declaring the False Claims Act’s qui tam provisions unconstitutional under the Appointments Clause. The appeals court held that qui tam relators are not officers of the United States because they do not occupy a continuing position established by law. The court … Continued
By Glenn Lammi
On August 31, 2026, WLF asked the Eighth Circuit to affirm the district court’s dismissal of an ERISA class action. The case stems from a lawsuit by five former Wells Fargo employees who allege that the company’s self-funded health plan’s pharmacy benefit manager charged excessive prices for generic drugs and fees, which supposedly raised their … Continued
By Jennifer
On August 28, 2026, WLF urged the Supreme Court to grant review of a Ninth Circuit decision that drastically expands CERCLA liability by allowing claims for “cultural loss” tied to damaged natural resources. As WLF’s brief explains, that rule conflicts with the Act’s text and will unduly deter beneficial economic activity.
By Jennifer
On August 27, 2026, WLF asked the D.C. Circuit to uphold a district court decision rejecting the federal government’s claim that Meta’s acquisition of Instagram was unlawful under the Sherman Act. As WLF’s brief explains, the social-media market is a thriving and dynamic one and Meta is no monopolist. Worse yet, unnecessary antitrust enforcement will … Continued
By Glenn Lammi
On August 26, 2026, WLF asked the Ninth Circuit to affirm dismissal of a Canadian plaintiff’s class-action antitrust suit against Google. In its brief, WLF argues that the Federal Trade Antitrust Improvements Act (FTAIA) bars Canadians from using the Sherman Act to sue Google for app purchases made on Google’s Canadian platform.
By Glenn Lammi
On August 19, 2026, the Fifth Circuit vacated FDA’s marketing denial orders for NicQuid’s flavored electronic nicotine delivery systems and remanded back to the agency. The decision was a victory for WLF, which argued in an amicus brief that FDA’s actions violated NicQuid’s due-process rights and the Administrative Procedure Act.
By Glenn Lammi
On August 19, 2026, WLF urged the Fourth Circuit to affirm a lower court’s rejection of a monopoly claim challenging Johnson & Johnson’s inadvertent acquisition of four patents that it did not know about when it bought another company. WLF argues that Section 2 of the Sherman Act imposes liability for willful acquisition of market … Continued
By Glenn Lammi
On August 19, 2026, WLF urged the Ninth Circuit to affirm the district court’s order decertifying a consumer class against Apple. WLF contends that the plaintiffs cannot prove antitrust injury with common evidence, as their own model leaves more than ten million uninjured members in a class of nearly 200 million.
By Glenn Lammi
On August 18, 2026, the Fifth Circuit affirmed a district court decision preliminarily enjoining FDA’s graphic cigarette warning labels under the Administrative Procedure Act. As WLF’s brief explains, FDA’s labels violate the law. Congress provided specific text for nine warning labels, FDA’s regime would mandate eleven disclaimers—only two of which use Congress’s language. WLF also … Continued
By Glenn Lammi
On August 17, 2026, WLF urged Texas’s Fifteenth Court of Appeals to grant mandamus relief and direct summary judgment for Gilead Sciences. WLF contends that the trial court’s unexplained denial of summary judgment forces a punitive trial on a kickback theory that Texas law and federal authorities have already foreclosed. WLF’s brief was filed with … Continued