PLF wins important first step in “union walkaround” lawsuit

Late Friday, the United States District Court for the Northern District of Texas denied (in part) OSHA’s motion to dismiss our lawsuit challenging the agency’s “union walkaround” rule. Filed back in September, our lawsuit challenges the so-called “Fairfax Memo,” issued … Continue reading

Occupational licensing reform percolating in Florida

Opponents of burdensome occupational licensing laws in Florida may soon have reason to celebrate. Two bills were recently filed in the Florida legislature that would bring some mild, but welcome relief to Floridians seeking to earn a living. In recent … Continue reading

Weekly litigation report — January 28, 2017

School Choice Week 2017 Hawkes Company secures important victory on remand from Supreme Court WOTUS Rule update Favorable tort decision from the Texas Supreme Court PLF files brief in New York union lawsuit PLF files brief to support donor anonymity  … Continue reading

Score one for “reasonable” application of tort liability

When Alan Petrie was assaulted and robbed in a Houston apartment complex visitors’ parking lot at 2:00 a.m., he sued the apartment management companies for their failure to protect him. The trial court rejected his lawsuit on the grounds that … Continue reading

NY Courts are not the proper venue for political arguments

Today, PLF filed an amicus brief in New York supporting the New York Farm Bureau’s defense against a transparently political lawsuit. In the case, several union groups are asking the court to declare the limitations of the New York State … Continue reading

Telling the truth is not a tort

Embedded in American mythology is the legend of young George Washington chopping down a cherry tree, and, when confronted by his father, confessing “I cannot tell a lie.” Since our earliest days, American law has placed high value on the … Continue reading

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