President’s weekly report — July 11, 2014

Government Overreach and Overcharging — Fishing for Prison Time PLF, on behalf of itself and several commercial fishing organizations across the United States, filed this amicus brief at the United States Supreme Court this week in Yates v. United States.  This is … Continue reading

Texas Supreme Court requires proof of causation in asbestos cases

Timothy Bostic died from mesothelioma, which he alleged was caused by his exposure to asbestos from a variety of sources, including his use of asbestos-containing joint compound manufactured by Georgia-Pacific Corporation when he was a child and teenager helping his … Continue reading

President’s weekly report — June 27, 2014

Tort Reform — Victories in California Supreme Court We received a couple of nice decisions this week from the California Supreme Court.  First, there was this decision in Verdugo v. Target, the case where the widow of a  heart-attack victim, who … Continue reading

California businesses have no common law duty to provide AEDs

Today, in Verdugo v. Target, the California Supreme Court unanimously held that state tort law does not require businesses to purchase, maintain, and train employees to use Automatic External Defibrillators (AEDS) if a customer is stricken with a heart attack.  … Continue reading

President’s weekly report — June 6, 2014

Environment — No trust in the air The D.C. Circuit issued this short unpublished per curiam decision in Alec L. v EPA, beating back a strange attempt to assert a “public trust” in the air.  This case seems to have been brought more … Continue reading

Texas Supreme Court decides that implied warranties can pass to second-hand buyers

Today, the Texas Supreme Court released a narrow decision in MAN Engines & Components, Inc v. Shows.  Doug Shows purchased a used 55-foot yacht, “as-is,” containing engines built by the defendant, MAN Engines.  When the engines failed, Mr. Shows sued … Continue reading

Due process does not end with class action certification

Today, in Duran v. U.S. National Bank, the California Supreme Court issued a ringing endorsement of the due process right to mount a defense in a class action lawsuit.  The case involved a wage and hour class action under California’s … Continue reading

President’s weekly report — May 9, 2014

Obama care — Oral Argument The D.C. Circuit court of appeals heard oral argument on May 9 in Sissel v. U.S. Department of Health and Human Services, our Origination Clause challenge to the individual mandate tax contained in the so-called … Continue reading