Popa v. Microsoft Corporation
On August 26, 2025, the Ninth Circuit affirmed dismissal of a suit in which the plaintiff lacked standing to pursue her state wiretapping claims. The decision was welcome news for WLF, which joined the U.S. Chamber of Commerce, NetChoice LLC, and the Interactive Advertising Bureau on a brief urging affirmance. Amici argued that dismissal was consistent with the Supreme Court’s recent teaching on Article III’s need for “a ‘close relationship’ to a harm traditionally recognized as providing a basis for a lawsuit in American courts.” Alternatively, the brief asked the court to affirm dismissal because the complaint failed to state a claim under Pennsylvania’s Wiretap Act. The amicus brief was drafted by Megan Brown, Jeremy Broggi, and Joel Nolette of Wiley Rein LLP.
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