PLF files brief on jurisdiction of Waters of the United States rule challenges

PLF, the Cato Institute, and Southeastern Legal Foundation filed an amicus brief last week in Chamber of Commerce, et al. v. EPA, et al., a Tenth Circuit case that will decide which courts, district or appellate, should properly hear challenges to EPA’s … Continue reading

Duarte Nursery seeks immediate appeals in Clean Water Act case

Following the trial court’s remarkable June 10 ruling that plowing violates the Clean Water Act, despite clear regulatory provisions to the contrary (see 33 CFR 324.4(a)(1)(iii)(D)), Duarte Nursery has moved for reconsideration or certification for immediate appeal on several Clean Water Act … Continue reading

Supreme Court should affirm federal efforts to stop class action abuse

Readers of this blog are likely no stranger to class action lawsuit abuse.  Egregious examples abound. Congress responded to that abuse in 2005 by enacting the Class Action Fairness Act, or CAFA.  That law allows parties to remove class action … Continue reading

Searching for an answer: Google petitions the Supreme Court

Last week, the Supreme Court issued its narrow decision in Tyson v. Bouaphakeo, allowing class certification in a case dependent on statistical sampling to prove liability in limited circumstances. PLF’s amicus brief in the case argued that statistical sampling is … Continue reading

Supreme Court offers little clarification regarding statistical sampling

The Supreme Court receives dozens of class action related cert petitions every Term, and today’s decision in Tyson Foods v. Bouaphakeo is unlikely to stem the tide. The case arose when employees of a Tyson pork processing plant filed a … Continue reading

States can’t license free speech by calling it “conduct”

On Tuesday I’ll be arguing our case in Young v. Ricketts in front of the Eighth Circuit Court of Appeals.  Our client, Leslie Young, is an internet-entrepreneur based in California, and she provides advertising services for people who want to … Continue reading

Should courts replace trials with formulas for sake of convenience?

In this Federalist Society video, I discuss the Supreme Court case Tyson Foods Inc. v. Bouaphakeo––which the Court will hear today. In that case, a group of plaintiffs sued Tyson Foods for purportedly failing to pay them for the time … Continue reading

Class actions v. due process

In a case that will be heard next term, the Supreme Court will have to decide the limits of class action litigation.  In our amicus brief brief, PLF urges the Court to scrutinize those limits closely. In Bouaphakeo v. Tyson … Continue reading

The government can’t call speech “conduct,” then require a license for it

If the First Amendment means anything, it means the right to speak freely without asking for permission first. Yet in Nebraska, you have to get a government license before advertising.  PLF client Leslie Young helps people to sell their homes … Continue reading

PLF sues Seattle bureaucrats who want to snoop through your trashcans

PLF sued the City of Seattle this morning in Bonesteel v. City of Seattle to challenge sweeping surveillance of residents and businesses. The City’s zeal for bumping its recycling rate bypassed constitutional boundaries when Seattle decided to have trash collectors and inspectors poke around for compostable contraband, such as … Continue reading