This WLF Litigation Division feature highlights WLF court and agency filings, as well as decisions issued in response to WLF’s filings. In this edition, we list May 2021 filings and results.

Click on the PDF button above for the full report.

WLF NEW FILINGS

  • U.S. ex rel. Sheldon v. Allergan—WLF asks the Fourth Circuit to adopt the Supreme Court’s Safeco test for willfulness in False Claims Act cases. 
  • Nat’l Ass’n of Wheat Growers v. Bonta—WLF urges the Ninth Circuit to affirm a decision permanently enjoining California from forcing private speakers to utter false, misleading, and controversial speech.
  • Walmart Inc. v. U.S. Drug Enforcement Administration—WLF tells the Fifth Circuit that companies should have the ability to bring declaratory-judgment actions against federal agencies to clarify their federal-law obligations. 
  • In re Proposed Local Civil Rule 7.1.1—WLF encourages the U.S. District Court for the District of New Jersey to adopt a proposed local rule requiring the disclosure of third-party litigation funding.
  • Amazon.com v. Waithaka—WLF asks the Supreme Court to review, and ultimately reverse, a First Circuit decision that refused to read the Federal Arbitration Act’s transportation-worker exemption in line with the statute’s text and context.

WLF CASES DECIDED

  • BP plc v. Mayor & City Council of Baltimore—The Supreme Court holds that the federal-officer removal statute confers jurisdiction on federal appeals courts to review any issue encompassed in a district court’s remand order. *victory* 
  • Janssen Pharmaceuticals v. A.Y.—The Supreme Court declines to hear an important pharmaceutical preemption case.
  • In re Independent Contractor Status Under the FLSA—The Department of Labor repeals its recent rule for determining whether a worker is an employee or an independent contractor.