President’s report — December 20, 2013

Obamacare — Origination Clause Challenge We filed this reply brief in Sissel v. Sibelius, our challenge to Obamacare based on the failure of the revenue-raising measure to originate in the House of Representatives, as required by the Constitution’s Origination Clause.  The … Continue reading

Are some contracts more equal than others?

Maribel Baltazar worked in one of clothing retailer Forever 21’s distribution warehouses.  She alleges that she suffered discrimination and harassment on the job, ultimately leading to her quitting.  She sued Forever 21 and certain co-workers, who then moved to compel … Continue reading

Asking again: Can silence equal consent?

In 2010, the Supreme Court held in Stolt-Nielsen v. AnimalFeeds International Corp. that parties must affirmatively “agree to authorize” class arbitration, because class arbitration is such a different animal than individual arbitration.  The parties in that case stipulated that there … Continue reading

President’s weekly report — October 11, 2013

Here is a summary of this week’s highlights at PLF: Endangered Species — Polar Bear The Supreme Court denied our petition for writ of certiorari in our challenge to the Polar Bear listing.  This is the end of the line … Continue reading

Washington Supreme Court affirms it doesn’t like arbitration clauses

Today the Washington Supreme Court issued an opinion in Hill v. Garda, which, unsurprisingly, demonstrated the lasting contempt among courts for arbitration agreements.  In Hill, a group of Garda employees brought a lawsuit against Garda for purported wage and hour … Continue reading

Another court cries foul on D. R. Horton

Despite the Supreme Court’s pronouncement that “contract is a matter of consent, not coercion,” and accordingly, contracts must be enforced according to their terms, many courts across the country still show an unwillingness to enforce contracts that contain class action … Continue reading

President’s weekly report — August 30, 2013

Environment & Taxes — A.B. 32 “cap and trade” hearing A hearing was held on Wednesday in Morningstar Packing Co. v. California Air Resources Board, our challenge to California’s “cap and trade” auction of emissions credits for carbon dioxide.  We are arguing … Continue reading