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

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Civil Justice, Uncategorized, US Supreme Court /

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

Commentary, Federal Courts of Appeals /

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

Amicus Strategy & Procedure, Commentary, DRI, Federal Courts of Appeals, US Supreme Court /

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

ALF Amicus Briefs, All Amicus Briefs, Civil Justice, DRI, US Supreme Court /

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

DRI, News /

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

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, US Supreme Court /

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

Commentary, US Supreme Court /

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”

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, US Supreme Court /

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”

Atlantic Legal Foundation, Commentary, US Supreme Court /

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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