On December 22, 2021, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision dismissing Walmart’s claim for want of jurisdiction. This was a setback for WLF, which filed an amicus brief explaining that DEA and DOJ took agency action sufficient to waive sovereign immunity under Fifth Circuit precedent. Alternatively, WLF explained why the Fifth Circuit should reconsider its outlying precedent. Now that the panel has spoken, WLF hopes that the en banc court will correct its erroneous precedent.
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