Weekly litigation report — June 24, 2017

Supreme Court goes squishy on property rights Free speech includes freedom to insult Free speech means letting high school kids be high school kids Howling at the wolf listing Doing time even if you didn’t know you committed the crime  Washington … Continue reading

Supreme Court victory for The Slants

We’ve been writing about Simon Tam‘s efforts to trademark his Portland, Oregon-based rock band, The Slants, for over a year now. As you’ll recall, Mr. Tam, an Asian-American, formed his band in 2006 and recruited other Asian-Americans to join in order to provide an … Continue reading

Teaching the teachers about the First Amendment

Following a warning letter from Pacific Legal Foundation, today officials at Vero Beach High School and the Indian River County School Board have finally withdrawn all punishment of student J.P. Krause – a rising senior whom they unlawfully penalized for the … Continue reading

Supreme Court tacitly accepts class action lawyers’ ability to evade employment contracts (for now)

California’s Private Attorney General Act is a bounty hunter statute that deputizes employees as “representatives” to sue their employers for alleged Labor Code violations. These representative actions bear a close resemblance to a standard class action, with the exception that … Continue reading

Weekly litigation report — June 17, 2017

Interior Secretary Zinke Recommends Bears Ears Reduction Indian River County School Board responds to public outcry, but continues to ignore First Amendment California Supreme Court protects private property Class Action action Florida family loses property rights’ case in Florida appellate … Continue reading

Freedom of contract at stake in a Supreme Court trio

In January, the Supreme Court granted certiorari and consolidated three cases to decide 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 the … Continue reading

Interior Secretary Zinke recommends Bears Ears reduction

Last Saturday, Ryan Zinke, the Secretary for the Department of the Interior, recommended a reduction in the size of the Bears Ears National Monument, consistent with comments PLF sent to the Secretary last month. President Trump has ordered a review … Continue reading

Running down the controlling opinion in Rapanos v. United States

In February of this year, the President signed  an Executive Order calling for the Army Corps of Engineers and EPA to review and revise the government’s ill-fated definition of “waters of the United States” published in June, 2015. That definition … Continue reading

Weekly litigation report — June 10, 2107

Letter sent to school board in Florida on First Amendment violation Brief filed over EPA’s road ban Butter ban ruling sought California union-inspired anti-free speech rule appealed Free enterprise loses in Oregon Golden parakeet feathers to fly! Caribou decision years … Continue reading