Painters Fund v. Takeda Pharmaceutical Co.
On March 23, 2026, the Supreme Court declined to review a Ninth Circuit ruling that affirmed certification of a class containing many uninjured members. The denial was a setback for WLF, which has long maintained that allowing federal courts to certify classes that include members without concrete Article III injuries enlarges judicial and congressional power at the expense of the executive branch. In its amicus brief, WLF argued that Article III requires every class member to prove a concrete injury-in-fact, consistent with TransUnion v. Ramirez. Allowing courts to stand certification on averaged injuries to obscure uninjured plaintiffs permits private enforcement of federal law without executive oversight, violating Article II.
Amicus Briefs
| Filing Date | Court | Document |
|---|---|---|
| Dec 16, 2025 | U.S. Supreme Court - cert stage |
|
| Jul 25, 2025 | Ninth Circuit - rehearing petition |
|
| Jan 5, 2024 | Ninth Circuit |
|
| Jun 14, 2023 | Ninth Circuit - 23(f) petition |
|
| Mar 27, 2020 | Supreme Court - cert stage |
|