Weekly litigation update — September 17, 2016

First Amendment challenge to ban on automobile “For Sale” signs EEOC gets a haircut Petition for rehearing denied in Florida takings case Amicus brief filed in support of right to earn a living First Amendment challenge to ban on automobile … Continue reading

Federal courts and the duty to decide

Sometimes federal courts will dodge the Constitution rather than defend it. That happened with our constitutional challenge to Montana’s discriminatory school regulations. Yesterday, in Armstrong v. Kadas, we filed a brief asking the Ninth Circuit to remind the district court of its duty to exercise its jurisdiction–especially … Continue reading

PLF opposes government effort to dismiss Duarte Nursery retaliation appeal

We previously reported our appeal to the Ninth Circuit in the Duarte Nursery case. Today’s update is that the Justice Department has asked the Ninth Circuit to dismiss the appeal, which we oppose. This is part of the Corps of … Continue reading

When may a Napa wine be labeled as a Napa wine?

The federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulates the labeling of wines sold in interstate commerce. If a winemaker wants to label their wine using an “appellation of origin” from a recognized viticultural area like Napa, then the … Continue reading

Weekly litigation report — August 14, 2016

Property rights — California Supreme Court rules on compensation issues Complaint filed in extortionate low-income housing demand Ancient custom of beach driving? Sign ban repealed Endangered species and the green sturgeon Shoreline buffer exactions challenge at the Supreme Court WOTUS … Continue reading

A legislative victory in Nashville Airbnb case

Last month, PLF filed an amicus brief supporting the Anderson family and their right to advertise and rent out their Nashville home via Airbnb. One of the issues addressed in the brief is Nashville’s ban on signs that advertise a … Continue reading

Walton County couple speaks up for property owners’ First Amendment rights

Last week, the Destin Log published my opinion article about Edward and Delanie Goodwin’s challenge to a Walton County, Florida, ordinance that bans signs on the Goodwins’ private property. PLF is representing the Goodwins in a First Amendment lawsuit. As I … Continue reading

Dentist’s legal battle with Ohio will continue

Advertising one’s area of expertise is usually desirable for both the professional and the public. But if you’re a dentist in Ohio, regardless of whether you are completely qualified in a specialty area of dentistry, you might not be allowed … Continue reading