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Recent Articles
Search ArticlesWLF Asks Eighth Circuit to Affirm Dismissal of Speculative ERISA Drug-Pricing Claims
Issues: Combating Litigation Abuse: Personal Jurisdiction / Standing to Sue, Opposing Overregulation: Employment Law / OSHA Regulation “Participants who received every promised benefit suffered no injury Article III recognizes.” —Cory Andrews, WLF General Counsel & Vice President of Litigation Click here for WLF’s brief. WASHINGTON, DC—Washington Legal Foundation (WLF) today urged the U.S. Court of Appeals for the Eighth Circuit to affirm the district court’s dismissal of an ERISA class action.
WLF Urges Supreme Court to Clarify Limits of CERCLA Liability
Click here to read WLF’s brief. (Washington, DC)—Washington Legal Foundation (WLF) today urged the U.S. Supreme Court to grant review of a Ninth Circuit decision that dramatically expands the scope of recoverable damages in key environmental cases. The case arises from a claim brought by the Confederated Tribes of the Colville Reservation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the so-called Superfund law.
WLF Asks D.C. Circuit to Reject FTC’s Implausible Antitrust Accusation Against Meta
Click here to read WLF’s brief. (Washington, DC)—Washington Legal Foundation (WLF) today urged the U.S. Court of Appeals for the D.C. Circuit to uphold a district court decision rejecting the Federal Trade Commission’s (FTC) allegation that Meta Platforms is an unlawful monopoly. The case arises from Meta’s acquisition of Instagram, which the FTC initially approved back in 2012.
WLF Urges Ninth Circuit to Reject Canadian Plaintiff’s Attempt to Invoke U.S. Antitrust Law
Issues: Opposing Overregulation: Antitrust / Consumer Protection, Combating Litigation Abuse: Class Actions, Defending the Rule of Law “The Sherman Act isn’t a global competition code. It isn’t meant to benefit foreign plaintiffs who sue for alleged injuries abroad.” —Jay DeSanto, WLF Senior Litigation Counsel Click HERE to read WLF’s brief.
Regulating AI in Employment Decisions: Compliance-Managed Process for Growing State and Local Oversight
As employers increasingly integrate artificial intelligence into hiring, promotion, discipline, and other employment decisions, state and local regulators are accelerating efforts to impose transparency and accountability.
Tech Antitrust Litigation: Battles Sharpen as Courts Probe Venue, Class Risk, and Remedies
By: Matthew Provance Mayer Brown LLP Rachel J. Lamorte Mayer Brown LLP Catherine Medvene Mayer Brown LLP Issues: Opposing Overregulation: Antitrust / Consumer Protection, Combating Litigation Abuse: Class Actions Private antitrust litigation against technology companies has accelerated and matured in recent years, influencing where and how these disputes are fought.
Dog Toy Maker Has Its Day with Ninth Circuit Trademark Decision—Again
“Let Hercules himself do what he may, The cat will mew, and dog will have his day” — Hamlet (Act 5, Scene 1) Some jokes are off-color, and in the case of the Bad Spaniels Silly Squeaker dog toy, the color is brown. Six years after an initial victory subsequently vacated by the Supreme Court, the Ninth Circuit has once again ruled in favor of dog toy maker VIP Products, LLC (“VIP”). VIP Products LLC v. Jack Daniel’s Properties, Inc., No. 25-2027 (9th Cir. Aug. 4, 2026).
Fifth Circuit Rejects FDA’s Regulatory Bait-And-Switch
Issues: Defending the Rule of Law, Opposing Overregulation: Food / Drug / Medical-Device Law “Today’s ruling is a win for the rule of law. The appeals court correctly held that FDA cannot impose its comparative-efficacy standard through secret memos and informal adjudication—it must follow the APA’s notice-and-comment process.” — Cory L.
Pro-Business Foundation Backs J&J's Stelara Antitrust Win
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WLF Urges Fourth Circuit to Reject Antitrust Theory That Would Punish Inadvertent Patent Acquisitions
“Section 2 does not impose liability for accidental acquisitions of market power.” —Jay DeSanto, WLF Senior Litigation Counsel Click HERE to read WLF’s brief. Washington, DC—Washington Legal Foundation (WLF) today urged the U.S. Court of Appeals for the Fourth Circuit to affirm a lower court’s rejection of a monopoly claim challenging Johnson & Johnson’s inadvertent acquisition of four patents that it did not know about when it bought another company.