We recently filed another brief asking a court to hold that the Fourteenth Amendment’s Due Process Clause protects property owners. I say another brief because the question of what constitutes protected “property” for due process claims continues to come up … Continue reading
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
Today, the Supreme Court heard oral argument in Oxford Health Plans v. Sutter (Supreme Court docket no. 12-135). The issue is whether a contract that contains an arbitration clause, but is silent as to class arbitration, can be interpreted by … Continue reading
Generally, efficiency is a good thing. We don’t see a lot of it in government, so we usually applaud when government officials deliberately choose to act efficiently rather than in the plodding, duplicative way we’ve come to expect. But can … Continue reading
Today PLF filed an amicus brief in Oxford Health Plans LLC v. Sutter, pending in the United States Supreme Court. The issue is whether an arbitrator can order parties to class arbitration when the arbitration agreement is silent on that … Continue reading
Courts typically avoid ruling on constitutional issues unless it is necessary to decide a case. There are several reasons for this practice, not the least of which is that ruling on controversial constitutional matters when the case can be resolved … Continue reading
Simone and Lyder Johnson intimately know why individuals need steadfast protection against government power. Their case, which they won at the trial level, will soon be heard by the Florida Court of Appeal. In Pacetta, LLC v. Town of Ponce … Continue reading