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

When may a Napa wine be labeled as a Napa wine?

The federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulates the labeling of wines sold in interstate commerce. If a winemaker wants to label their wine using an “appellation of origin” from a recognized viticultural area like Napa, then the … Continue reading

Weekly litigation report — August 14, 2016

Property rights — California Supreme Court rules on compensation issues Complaint filed in extortionate low-income housing demand Ancient custom of beach driving? Sign ban repealed Endangered species and the green sturgeon Shoreline buffer exactions challenge at the Supreme Court WOTUS … Continue reading

A legislative victory in Nashville Airbnb case

Last month, PLF filed an amicus brief supporting the Anderson family and their right to advertise and rent out their Nashville home via Airbnb. One of the issues addressed in the brief is Nashville’s ban on signs that advertise a … Continue reading

Walton County couple speaks up for property owners’ First Amendment rights

Last week, the Destin Log published my opinion article about Edward and Delanie Goodwin’s challenge to a Walton County, Florida, ordinance that bans signs on the Goodwins’ private property. PLF is representing the Goodwins in a First Amendment lawsuit. As I … 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

Weekly litigation report

Environmental Law: ESA abuse Yesterday, we filed an administrative petition demanding that the U.S. Department of Fish and Wildlife repeal a regulation that imposes harsh Endangered Species Act restrictions on as many as 150 threatened species that Congress did not … Continue reading

PLF challenges federal immunity from suit in Ninth Circuit

Recently the trial court in Duarte Nursery v Corps of Engineers dismissed our clients’ First Amendment retaliation claim against the government, on the ground that sovereign immunity shields the federal government from having to defend the claim. The legal doctrine … Continue reading

First Amendment success in California (and it didn’t even require a lawsuit)

All too often, cities fail to respect the First Amendment and pass unconstitutional laws that restrict people’s ability to advertise with signs. For recent examples, see here and here. But occasionally, cities can do the right thing. I’m happy to report that this … Continue reading

Oral argument in “Docs v. Glocks” case

Last month, an en banc Eleventh Circuit heard oral arguments in Wollschlaeger v. Governor of the State of Florida (popularly known as Docs v. Glocks). The case concerns whether a Florida law that prohibits doctors from asking their patients questions about … Continue reading