Court strikes down federal fracking regulations

Over on the Federalist Society’s FEDSOC BLOG, I have a post discussing a recent decision from a federal court that federal bureaucrats overstepped their authority when they adopted fracking regulations. In 2005, Congress exempted fracking from regulation under the Safe … Continue reading

Supreme Court should affirm federal efforts to stop class action abuse

Readers of this blog are likely no stranger to class action lawsuit abuse.  Egregious examples abound. Congress responded to that abuse in 2005 by enacting the Class Action Fairness Act, or CAFA.  That law allows parties to remove class action … Continue reading

Weekly litigation report — June 17, 2016

Property rights — limits on the public trust doctrine The Washington state court of appeals issued this opinion on the “public trust doctrine” in Chelan Basin Conservancy v. GBI Holdings.  The facts here involved a lake that had been raised 21 feet … Continue reading

Weekly litigation report — June 10, 2016

Another Supreme Court Victory! About two years ago, we filed a petition for certiorari in Kent Recycling v. U.S. Army Corps of Engineers, a case out of the Fifth Circuit where we were challenging a district court ruling that held that … Continue reading

Court rules that you need a real estate broker license to advertise for sale by owner homes

Leslie Young started her business—eList.me—to help people who want to sell their homes without the use of a real estate broker, or “for sale by owner” (FSBO).  The way her business works is she enters information about FSBO homes into … Continue reading

“Docs v. Glocks” case not about guns but speech, PLF says

Last month, PLF filed a brief in Wollschlaeger v. Governor of the State of Florida. The case, also known as “Docs v. Glocks,” will be argued in June at the Eleventh Circuit Court of Appeals. Recently, I was interviewed for an … Continue reading

PLF challenges law that allows businesses to veto new competition

Most people see the United States as the Land of Opportunity, where the right to pursue the occupation of one’s choice and to earn a living for oneself and one’s family is simply a “given.”  Yet over half the states … Continue reading

Lemonade stand freedom coming to Louisiana

By now I’m sure you’ve heard a story about an overzealous health inspector or police officer ticketing a harmless child for having the nerve to operate a lemonade stand without a license or permit. Not even Jerry Seinfeld’s kids are … Continue reading

Supplemental briefing in challenge to Union Access Rule

In Cedar Point Nursery v. Gould, PLF attorneys challenge the California Agricultural Labor Relations Board’s Union Access Rule.  Pursuant to this rule, unions can gain access to employers’ property, without their consent, to proselytize employees about the “benefits” of union … Continue reading