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

PLF argues in Oregon Supreme Court that laws should benefit the public, not cronies

Though occupational licensing laws are often justified in terms of health or safety, studies show that licensing regimes are more often bare attempts by entrenched business interests to protect their market share.  The result of such crony laws is that … Continue reading

Briefing update in Fairfax Memo Challenge

In National Federation of Independent Business v. Dougherty, we challenge the so-called Fairfax Memo, a substantial pro-union re-write of federal law governing workplace safety inspections. Last month, the feds moved to dismiss our challenge on procedural and substantive grounds. Yesterday, … Continue reading

Causation, and not deep pockets, should dictate liability

Today we filed this amicus brief asking the California Supreme Court to overturn the flawed decision in T.H. v. Novartis, which would essentially impose never-ending tort liability on brand-name drug manufacturers for injuries caused by their generic counterparts.  By adopting … Continue reading

Bill to license music therapists in New Jersey refuses to die

Almost a year ago I wrote about a bill pending in the New Jersey legislature that would’ve created an occupational license for music therapists in the state. Fortunately, that bill didn’t make it through the legislature, and the legislative session … Continue reading

PLF challenges Oklahoma law that stifles American Indian artist’s speech and right to earn a living

Peggy Fontenot is an award-winning American Indian photographer and artist, specializing in hand-made beaded jewelry and cultural items. For more than 30 years, Ms. Fontenot has traveled the country to show and sell her American Indian art. Because of Oklahoma’s … Continue reading

New Jersey places a bet on the Constitution

States are not puppets of the federal government, to be manipulated to accomplish whatever policy the federal government might prefer. If they were, both individual liberty and political accountability would be compromised. That’s why our Constitution forbids the feds from … Continue reading

Washington Post publishes op-ed on Arty Vogt’s fight for economic liberty

The Washington Post has published my op-ed regarding our newest Competitor’s Veto lawsuit on behalf of entrepreneur Arty Vogt. As you may remember, Arty owns a moving company based in Virginia, just miles from the West Virginia border. Arty started … Continue reading

California commission recommends major occupational licensing reform

Earlier this month California’s Little Hoover Commission released its report (Jobs for Californians: Strategies to Ease Occupational Licensing Barriers) on occupational licensing in the state. Noting that licensing is often sold as a means to protect consumers while actually serving other … Continue reading