Weekly litigation report — July 23, 2016

The fight for Edmund Lee goes to the appellate court This week PLF filed its notice of appeal in E.L. v. Interdistrict Choice Corporation.  Last Friday, the district court dismissed Edmund’s case, holding that he lacked standing to bring his claim, and … Continue reading

Briefing complete in sea otter petition case

This week, we filed our reply brief in PLF’s challenge to the Service’s denial of a petition asking it to follow the law and implement protections for Southern California’s fishery. As regular readers know, in the 1980s, Congress passed a … Continue reading

Oral argument in “Docs v. Glocks” case

Last month, an en banc Eleventh Circuit heard oral arguments in Wollschlaeger v. Governor of the State of Florida (popularly known as Docs v. Glocks). The case concerns whether a Florida law that prohibits doctors from asking their patients questions about … Continue reading

New delta smelt lawsuit filed

Last week, a coalition of California Central Valley water districts sued the Bureau of Reclamation in the latest installment of the litigation wars over the delta smelt.*  The new lawsuit, filed in federal district court in Fresno, and coming on … Continue reading

PLF sues Highland for warrantless snooping on rental property

The City of Highland is violating fundamental constitutional rights by trying to coerce landlords and tenants into surrendering their freedom from unjustified, warrantless government intrusion on their property. So argues a new federal lawsuit against the city.  It challenges the … Continue reading

Ninth Circuit strikes a blow for judicial review of administrative agencies

This morning, the Ninth Circuit held that federal agencies cannot escape judicial scrutiny for illegal actions simply because they have violated the law before. In PLF’s sea otter case, we represent fishermen in a challenge to the U.S. Fish and … Continue reading

Nashville’s unconstitutional efforts to limit short-term rentals

With the rise of websites like Airbnb and VRBO, short-term rentals dramatically increase the opportunities for property-owners to supplement their income and retain flexibility with their homes. Unfortunately, last year, Nashville passed two ordinances that unconstitutionally regulate and restrict the ability … Continue reading

Recent threats to the First Amendment and short-term rentals

It should come as no surprise that governments struggle to regulate the disruptive nature of the “sharing economy.” Lately, this struggle has resulted in increasingly burdensome regulations on property owners renting their property short-term, and on the websites like Airbnb … Continue reading