Washington Legal Foundation

“When it comes to faithfully applying the Supreme Court’s decision in Sackett v. EPA, the agencies should realize they can’t swim with the Court’s current only part of the way.”
—Zac Morgan, WLF Senior Litigation Counsel

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“Certifying a class of letter recipients without establishing concrete harm defeats predominance and invites credit washing.”
—Cory Andrews, WLF General Counsel & Vice President of Litigation

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The head of the U.S. Department of Justice’s (DOJ) new National Fraud Enforcement Division (NFED) has announced a significant expansion of the Division’s corporate fraud enforcement agenda. In the October 1, 2026 memorandum, “Corporate Enforcement in the Fight Against Fraud,” Assistant Attorney General Colin McDonald issued several directives aimed at ensuring that the Divisi...

“The Fourth Circuit had no right to ignore the U.S. citizenship of FS Medical and treat it as a wholly foreign firm.”
—Zac Morgan, WLF Senior Litigation Counsel

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No-injury medical monitoring is distinctive, if not unique, in that it exists solely as a by-product of a procedural rule—the general availability of class actions as a method of aggregating litigation. This dependency on the class action mechanism means that most significant litigation in which currently uninjured plaintiffs seek “medical monitoring” relief now occurs in fed...