Weekly litigation report — January 14, 2017

Supreme Court grants cert in WOTUS rule case Supreme Court grants review in freedom of contract case Economic liberty case argued at Oregon Supreme Court Warning over manatee listing Brief filed in mobile home park extortion case Non-native wolves are … Continue reading

Cert denied in Foster v. Vilsack

Earlier this week the Supreme Court decided not to hear the Arlen and Cindy Foster’s case against the U.S. Department of Agriculture, over the Department’s illegal determination that their farm contains a federally protected wetland. The petition asked the Supreme … Continue reading

Supreme Court grants review of PLF Clean Water Rule challenge

As we noted here, our challenge to the government’s expansive and controversial rule redefining “waters of the United States” (WOTUS) raises two important questions: (1) is the rule valid and (2) which is the proper venue for challenging such a … 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

Weekly litigation report — January 7, 2016

Supreme Court watch We are waiting for word from the Supreme Court on three of our cases where we are directly representing the petitioners. The Court held its conference on Bennie v. Munn, (retaliation for speaking out for Tea Party) Foster v. Vilsack, (phony … 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

Obama cannot extend his rule indefinitely: how Trump can reverse Obama’s midnight land grabs

Last weekend, The Wall Street Journal ran an op-ed that Professor John Yoo and I wrote to answer the White House’s claim that Trump can’t reverse President Obama’s recent proclamations that lock up millions of acres of public land from … Continue reading

Weekly litigation report — December 31, 2016

Affordable housing mandates on their way up Unsurprisingly, the California Supreme Court denied our petition for review in 616 Croft Avenue v. City of West Hollywood. This is the case where the City is demanding a half-million dollars in affordable … Continue reading

Supreme court to consider Foster v. Vilsack in first conference of new year

Yesterday we filed our reply in Foster v. Vilsack in the Supreme Court of the United States. The petition in this case asks the Supreme Court to decide whether low level federal bureaucrats can force the federal courts to accept … Continue reading

Lake front property owners fight back against California State Lands Commission

For generations, private owners of lake front lots in California’s Sierra Nevada Range have maintained boating and fishing docks on their property, to enjoy the lakes and the recreational opportunities they afford. Under established law, these property owners own the land … Continue reading