President’s weekly report — May 15, 2015

Competitor’s veto law — One down, one on its way down The notion that existing players in a transportation business (taxis, movers and limo companies) should be able to veto new entrants into a market in order to reduce competition is … Continue reading

Should businesses be punished for making premise improvements?

Businesses make permanent premise improvements all the time. These improvements, called “fixtures,” include manufacturing equipment, storage tanks, and the like. These fixtures improve business efficiency and workplace safety. But, because fixtures are permanent, a business cannot remove them (after it sells the … Continue reading

President’s weekly report, May 8, 2015

Free Enterprise project — tort reform in Texas In this decision the Texas Supreme Court reversed dangerous lower court decision in Genie Industries v. Matak.  Here, while working on a church ceiling using a genie lift, despite training, despite explicit and … Continue reading

Texas Supreme Court: No tort liability for intentional misuse of a Genie lift

Today, the Texas Supreme Court held in Genie Industries v. Matak that when people intentionally misuse a product in a way that is obviously dangerous, the manufacturer is not liable for the injuries that inevitably result from that intentional misuse. … Continue reading

President’s weekly report — May 1, 2015

On the cusp of victory in Florida — In large part due to the publicity from our “growler” case, Crafted Keg v. Lawson, the Florida legislature has repealed the ban on “growlers,” the 64 ounce containers used for bringing craft … Continue reading

President’s weekly report — April 24, 2015

Tort reform in Washington State — the virtues of at-will employment We filed this amicus brief in Rickman v. Premera Blue Cross in the Washington Supreme Court. While working for Premera, Ericka Rickman was fired for nepotism, because she allegedly favored … Continue reading

Everybody wins with at-will employment

In the U.S.A. of old, your boss could fire you if he didn’t like the color of your socks, the smell of your lunch, or the pitch of your sneeze. And you could get up and walk whenever it suited you. … Continue reading

President’s weekly report — April 10, 2015

Wetlands — Major victory in the 8th Circuit The 8th Circuit handed us this major victory today in Hawkes v. United States.  The decision is a wonder to read because the court “got it.”  It understood that requiring a landowner to … Continue reading

President’s weekly report — March 20, 2015

Environment & Endangered Species Act — 60-day notice filed for the Kangaroo Rat As required by the Endangered Species Act, we filed a sixty-day notice on intent to sue with the United States Fish & Wildlife Service over the Service’s failure … Continue reading

Workers’ comp, bulk suppliers, and expanded tort liability

Flavio Ramos worked as a mold maker, machine operator, and laborer for Supreme Casting & Pattern, Inc., which manufactured metal parts through “a foundry and fabrication process,” from 1972 to 2009. During this time, the industrial processing of raw materials … Continue reading