First Amendment success in California (and it didn’t even require a lawsuit)

All too often, cities fail to respect the First Amendment and pass unconstitutional laws that restrict people’s ability to advertise with signs. For recent examples, see here and here. But occasionally, cities can do the right thing. I’m happy to report that this … Continue reading

Oral argument in “Docs v. Glocks” case

Last month, an en banc Eleventh Circuit heard oral arguments in Wollschlaeger v. Governor of the State of Florida (popularly known as Docs v. Glocks). The case concerns whether a Florida law that prohibits doctors from asking their patients questions about … Continue reading

Nashville’s unconstitutional efforts to limit short-term rentals

With the rise of websites like Airbnb and VRBO, short-term rentals dramatically increase the opportunities for property-owners to supplement their income and retain flexibility with their homes. Unfortunately, last year, Nashville passed two ordinances that unconstitutionally regulate and restrict the ability … Continue reading

States can’t evade the First Amendment by labeling speech “professional conduct”

Today we filed this brief asking a full panel of the Eighth Circuit Court of Appeals to rehear our case on behalf of Leslie Young. Leslie Young is an advertising broker.  She started her business—eList.me—to help people who want to … Continue reading

Recent threats to the First Amendment and short-term rentals

It should come as no surprise that governments struggle to regulate the disruptive nature of the “sharing economy.” Lately, this struggle has resulted in increasingly burdensome regulations on property owners renting their property short-term, and on the websites like Airbnb … Continue reading

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