Nestle USA, Inc. v. Falcone

Date: October 23, 2026

RLC’s Position: The RLC’s brief argues that Comcast precedent requires plaintiffs to commit to a workable damages model that is supported by plaintiffs’ evidence and that the 9^th Circuit’s more lenient approach runs afoul of Rule 23 and Article III’s threshold requirements.

Counsel: Candice Wong & team at Fried Frank drafted the brief.

Coalition: U.S. Chamber of Commerce, American Tort Reform Association, Business Roundtable.