Weekly litigation report — June 24, 2015

Equality under the law project — loss at the Supreme Court San Francisco still trying to use landlords as ATMs California Department of Forestry malfeasance California Supreme Court allows questionable tort claim to move forward Equality under the law project … 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

California Supreme Court’s narrow ruling on the component parts doctrine

Flavio Ramos worked as a mold maker, machine operator, and laborer for Supreme Casting & Pattern, Inc., which manufactured metal parts through “a foundry and fabrication process,” from 1972 to 2009. During this time, the industrial processing of raw materials … 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

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

Supreme Court returns zero results in Google case

The use of statistical sampling to generate common issues for resolution via class action presents serious due process questions. Someday, the Supreme Court will need to resolve those questions because constitutional protection of due process cannot be reconciled with statistical … Continue reading

Amicus brief filed in arbitration challenge

Last week, PLF filed an amicus brief on behalf of a broad coalition of agriculture and property rights groups to challenge California’s so-called Mandatory Mediation and Conciliation Process.  The general rule for labor arbitration between private employers and employees is … 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

President’s weekly report — May 20, 2016

Complaint filed to stop “competitors’ veto” in West Virginia PLF attorneys challenged West Virginia’s Competitor’s Veto law on behalf of Arty Vogt, who owns a moving company based in Virginia.  Arty would like to provide moving services within neighboring West … Continue reading