ALF Amicus Brief Urges Supreme Court To Decide Where Online Sellers Can Be Sued

Where can a company that offers its products nationwide—either directly through its own interactive website, or indirectly through a third-party online platform such as Amazon—be sued? This is the important, recurring, Internet-age, personal jurisdiction question that the petitioners in Photoplaza, Inc. v. Herbal Brands, Inc., No. 23-504,  are asking the Supreme Court to decide. The certiorari …

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Proposition 65 Cancer Warning For Glyphosate Held Unconstitutional

OEHHA—the laughable acronym for the California agency responsible for requiring countless businesses to post ubiquitous Proposition 65 warning signs about hundreds of chemicals found in everyday products—has suffered a major defeat in the 9th Circuit. A panel held 2 to 1 that requiring businesses to provide a cancer warning about glyphosate (the active ingredient in …

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Amicus Briefs Do Not Require Disqualification Of Supreme Court Justices

On November 13, 2023, the Justices of the Supreme Court of the United States issued a self-enforcing Code of Conduct applicable to themselves. The Code of Conduct section titled Disqualification includes the following statement: “Neither the filing of a brief amicus curiae nor the participation ofcounsel for amicus curiae requires a Justice’s disqualification” This proviso …

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ALF & DRI Urge Supreme Court To Limit Civil RICO’s Scope

The Atlantic Legal Foundation and the DRI Center for Law and Public Policy have filed an amicus brief in Medical Marijuana, Inc. v. Horn, No. 23-365, urging the Supreme Court to address the question of whether personal injury claims can be transformed in treble-damages civil RICO suits. Sarah Spencer of Christensen & Jensen and I co-authored …

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DRI Center for Law and Public Policy Meets In San Antonio

More than 50 active members of The DRI Center for Law and Public Policy’s committees, task forces, & working groups participated in terrific brainstorming sessions on October 26 at the DRI Annual Meeting in San Antonio. As the Center’s chair, I was privileged to lead the discussions along with Center Director Jay Ludlam (pictured above). Participants included DRI …

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ALF Argues That SEC In-House Enforcement Proceedings Deprive Defendants of Due Process

In SEC v. Jarkesy, No. 22-859, the Supreme Court has agreed to review a Fifth Circuit opinion holding that Securities and Exchange Commission “in-house” civil administrative enforcement proceedings are unconstitutional on three grounds: (i) they deprive respondents (i.e., defendants) of their Seventh Amendment right to a trial by jury; (ii) Congress unconstitutionally delegated legislative power to the …

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TV Interview About Acheson Hotels v. Laufer “Internet Tester” ADA Case

Molly Martinez of Gray Television – which operates more than 100 local TV stations – recently interviewed me about Acheson Hotels v. Laufer, the “Internet tester” ADA case argued last week before the Supreme Court. Sarah Elizabeth Spencer & I filed an amicus brief in the case on behalf of the Atlantic Legal Foundation. You …

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ALF Urges Supreme Court To Reject “Conspiracy Jurisdiction”

In BASF Metals Limited v. KPFF Investment, Inc., No. 23-232, two overseas corporate defendants in antitrust litigation involving market prices for platinum and palladium have filed a certiorari petition challenging a Second Circuit decision upholding a New York federal district court’s exercise of “conspiracy jurisdiction.”  On behalf of the Atlantic Legal Foundation (ALF), I have authored and filed an amicus …

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Larry Ebner Quoted In Law360 On Supreme Court Cases Challenging The “Administrative State”

On September 29, 2023, Law360 published a feature article, ‘Administrative State’ Attacks Soar To High Court Crescendo, previewing the new Supreme Court term. I am among the Supreme Court observers quoted in the article: Rising rancor, a muscle-flexing majority and a jam-packed docket could augur a transformative term for administrative law. The upcoming term “may …

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