On June 25, 2012, the U.S. Supreme Court issued an order declining to review a Pennsylvania Supreme Court decision that represents a significant expansion of tort liability by ignoring the requirement in a class action that the plaintiff must present evidence that each class member is entitled to recover money damages. The order was a setback for WLF, which filed a brief in the case urging discretionary review. WLF argued that the Pennsylvania courts violated the defendant’s Due Process rights by allowing a single named plaintiff to establish entitlement to damages for an entire class of consumers, despite uncontested evidence that actual out-of-pocket expenses diverged substantially from class member to class member, many of whom paid nothing at all.

Loss.