Is the Roberts Court pro-business?

A recent New York Times article reports that many scholars believe the Roberts Court is more pro-business than its predecessors. To support this claim, they point mostly to procedural decisions, especially limits the Court has put on class action lawsuits. … Continue reading

California displaces Pennsylvania as worst state for civil justice

After a reign of two years, Pennsylvania has given up its crown.  California now claims the woeful title of worst place for civil justice in the nation.  This critique may be due in part to the fact that, according to the … Continue reading

Does the right to procedural fairness end with class action certification?

Today, PLF submitted an amicus brief in the California Supreme Court in Duran v. U.S. Bank Nat’l Ass’n – a case which asks whether plaintiffs can make an end run around the usual procedures governing lawsuits if they proceed as … Continue reading

Wal-Mart, Merrill Lynch, class actions, and disparate impact, oh my!

Today, PLF filed this amicus brief  in the Supreme Court in support of certiorari in Merrill Lynch v. McReynolds.  This is a very interesting case that crosses over into two PLF projects: Free Enterprise and Equality Under the Law. In Merrill Lynch, … Continue reading

PLF urges Ninth Circuit: don’t allow people to sue when they haven’t even been hurt

Last year, you may have heard about the allegations that Toyota cars were experiencing “sudden, unintended acceleration”—that is, that the cars would suddenly just start going when the driver didn’t want them to. There turns out to be no reliable … Continue reading

May a court require that attorneys be racially diverse?

Of course, the answer is no, but that is precisely what the Southern District of New York did in Blessing v. Sirius XM Radio.  PLF filed a brief today arguing that the federal courts are just as bound by equal … Continue reading