About Deborah J. LaFetra

Deborah LaFetra is a Principal Attorney in PLF's Individual Rights practice group. She directs PLF's Free Enterprise Project.

Supreme Court won’t consider exclusive representation laws . . . for now

The Supreme Court often prefers that issues “percolate” in the lower courts for some time so that Circuit court and state supreme court judges have an opportunity to address all facets and implications of the arguments prior to high court … Continue reading

NY Court of Appeals: No control = no tort liability

Last Thursday, the New York Court of Appeals unanimously relieved a drug-treatment halfway house of liability for a former resident’s subsequent assault on his mother’s boyfriend. The case, Oddo v. Queens Village Committee for Mental Health for Jamaica Community Adolescent … Continue reading

Weekly litigation report – February 3, 2017

PLF asks Supreme Court to review challenge to California mining ban PLF challenges California gray wolf listing Supreme Court sets oral argument in Murr More Supreme Court arguments set for the March calendar PLF asks Supreme Court to review challenge … Continue reading

Score one for “reasonable” application of tort liability

When Alan Petrie was assaulted and robbed in a Houston apartment complex visitors’ parking lot at 2:00 a.m., he sued the apartment management companies for their failure to protect him. The trial court rejected his lawsuit on the grounds that … Continue reading

Telling the truth is not a tort

Embedded in American mythology is the legend of young George Washington chopping down a cherry tree, and, when confronted by his father, confessing “I cannot tell a lie.” Since our earliest days, American law has placed high value on the … Continue reading

Cert grant pitting “concerted activities” against freedom of contract

Today the Supreme Court granted certiorari in three cases that raise the same issue: whether the National Labor Relations Act, which protects workers’ rights to engage in “concerted activities” for their mutual benefit, trumps the Federal Arbitration Act’s protection of … Continue reading

Exclusive representation violates the First Amendment

New York laws and regulations deem family daycare providers (individuals who operate daycare businesses in their homes) to be “public employees” and requires a union to be the daycare providers’ exclusive representative for bargaining with (e.g., lobbying) the state over … Continue reading

California: “take-home” liability extends to workers’ households

Kesner v. Superior Court and Haver v. Burlington Northern Santa Fe Railroad are consolidated cases resulting in a single decision by the California Supreme Court holding that California tort law recognizes “take-home” liability in asbestos cases. “Take-home” cases arise when … Continue reading

Youth hockey league not liable for post-game spectator brawl

At a youth hockey game in Rome, New York, families of the 13-year-old players rooted for their teams with increasing intensity. Some spectators turned belligerent, and after the game ended, one player’s mother confronted another player’s mother. The provocation blew … Continue reading

Weekly litigation report

Individual Rights – Equal Protection. In the long-running saga of Rothe Development, Inc. v. Department of Defense and Small Business, a small business is challenging the racial classifications in Section 8(a) of the Small Business Act as a violation of … Continue reading