Painters Fund v. Takeda Pharmaceutical Co.
On December 15, 2025, WLF asked the Supreme Court to grant certiorari and reverse a Ninth Circuit ruling that affirmed certification of a class containing uninjured members. WLF contends 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 argues 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 |
|