Wanted: Courts that stand up to government bullies

Should courts defer to democracy? Many do. In fact, most constitutional challenges face an uphill battle because courts hesitate to question the judgment of legislatures. In a brief filed today in the North Carolina Supreme Court, we explain how this judicial restraint … Continue reading

Tesla finally challenging Michigan’s anti-competitive direct-sales ban in court

Rather than use independent dealerships, Tesla Motors has fought for years to sell its luxurious, electric vehicles directly to consumers through galleries owned and operated by Tesla. It should come as no surprise, then, that the car dealerships have teamed up … Continue reading

Weekly litigation update — September 17, 2016

First Amendment challenge to ban on automobile “For Sale” signs EEOC gets a haircut Petition for rehearing denied in Florida takings case Amicus brief filed in support of right to earn a living First Amendment challenge to ban on automobile … Continue reading

Dentist’s legal battle with Ohio will continue

Advertising one’s area of expertise is usually desirable for both the professional and the public. But if you’re a dentist in Ohio, regardless of whether you are completely qualified in a specialty area of dentistry, you might not be allowed … Continue reading

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