Pacific Legal Foundation case to be featured on Stossel program

Tomorrow evening I will be joining PLF client John Duarte in appearing on the Stossel Show with John Stossel on Fox Business Network, at 9pm Eastern/6pm Pacific.  We will be talking about Duarte Nursery v. Corps of Engineers, our case … Continue reading

Drakes Bay Oyster Company seeks review in US Supreme Court

Today, Drakes Bay Oyster Company filed its petition for certiorari in the United States Supreme Court, after the Ninth Circuit Court of Appeals decided that the federal government’s decision to shut down the oyster farm is immune from judicial review. The … Continue reading

The public trust doctrine and groundwater

This week, Pacific Legal Foundation filed an amicus brief in Environmental Law Foundation v. State Water Resources Control Board.  The brief, filed on behalf of the California Farm Bureau Federation, addresses the constitutional consequences of applying the public trust doctrine to … Continue reading

The blight of redevelopment

Last week, PLF filed an amicus curiae letter in the California Supreme Court, asking it to grant the Community Youth Athletic Center’s (CYAC) petition for review of an abusive scheme to transfer its private property to a developer for its … 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

Fire, aim, ready!

Today, PLF filed a lawsuit in federal district court in California on behalf of Duarte Nursery, Inc., against the United States Army Corps of Engineers and officials of the Central Valley Regional Water Quality Control Board.  The suit alleges that … 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