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 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

Missouri court was wrong to allow state to license hair braiders as cosmetologists

Ndioba Niang and Tameka Stigers are professional African-style hair braiders in Missouri. When the Missouri Board of Cosmetology and Barber Examiners told them that they had to stop practicing their trade unless they underwent hundreds of hours of irrelevant training (and … 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

Oklahoma officials agree to stay enforcement of unconstitutional American Indian art law

There’s some great news out of Oklahoma to announce. Oklahoma officials have agreed to (and the Court has signed off on) a stipulation to stay enforcement of Oklahoma’s American Indian Arts and Crafts Sales Act while PLF’s challenge to the law … Continue reading

Music therapist licensing comes to Oklahoma

Earlier this week I praised Oklahoma Governor Mary Fallin for forming a task force to review the need for the state to continue licensing so many occupations. Imagine my surprise, then, when I discovered that a brand new occupational license … Continue reading

Oklahoma to consider occupational licensing reforms

Earlier this month, Oklahoma Governor Mary Fallin announced the formation of a task force to review the state’s occupational licensing requirements. Throughout 2017 the task force will comprehensively review all of Oklahoma’s occupational licenses with an eye toward determining whether the … Continue reading

Chicago Tribune publishes PLF op-ed on the newest misguided licensing scheme

Occupational licensing has run amok.  Nearly a third of Americans need government permission in the form of a “license,” just to lawfully do their job.  These laws contribute to what Timothy Sandefur has called a “Permission Society,” and they make … Continue reading

Weekly litigation report — December 10, 2016

PLF supports freedom to work Overcriminalization and environmental law Good decision in California endangered species case Union trespass onto private property Shorelines and the public trust Department of Labor shenanigans challenge Take home liability PLF supports freedom to work Today … Continue reading

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