ALF Advocates Broad View of “Statutory Standing” To Challenge Federal Regulatory Actions

ALF Amicus Briefs, Federal Courts of Appeals, US Supreme Court /

The Supreme Court has granted certiorari in FDA v. R.J. Reynolds Vapor Co., No. 23-1187, to decide whether a federally regulated product’s manufacturer and retailers can join together, in a single federal court of appeals, to challenge a final agency action that impairs their shared commercial interests.  On behlaf of ALF, I have authored a merits-stage […]

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ALF Urges Supreme Court To Reject Expansive View of Product Manufacturers’ Aiding-and-Abetting Liability

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

The Mexican government has sued heavily regulated U.S. firearms manufacturers for $10 billion in damages and sweeping injunctive relief to redress “social costs” that it alleges to have incurred as a result of gun violence in Mexico. According to Mexico’s complaint, filed in Massachusetts federal district court, the defendant manufacturers have knowingly “aided and abetted”

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ALF Urges Federal Circuit To Enforce District Courts’ Expert Testimony Gatekeeping Role In Patent Infringement Cases

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

The U.S. Court of Appeals for the Federal Circuit has taken the unusual step of granting en banc review to address the question of whether a federal district court properly exercised its gatekeeping role under Federal Rule of Evidence 702 in a patent infringement case. More specifically, the en banc Federal Circuit in EcoFactor, Inc. v.

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ALF Again Argues That “Drug Price Negotiation Program” Is Unconstitutional

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Courts of Appeals /

The Inflation Reduction Act’s highly politicized, misleadingly named, “Drug Price Negotiation Program,” 42 U.S.C. § 1320f et seq., is a form of government-imposed price control. Under the Program, the Centers for Medicare & Medicaid Services (CMS) selects certain “negotiation-eligible” brand-name drugs. Following a supposed “negotiation” and “agreement” with its manufacturer, each such drug can be sold within

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ALF Argues New Drug Tort Violates Sound Science & Harms The Public Interest

ALF Amicus Briefs, All Amicus Briefs, Civil Justice, State Appellate Courts /

In the consolidated Gilead Tenofovir Cases, the California Court of Appeal held that “the legal duty of a manufacturer to exercise reasonable care can, in appropriate circumstances, extend beyond the duty not to market a defective product” (emphasis added). More specifically, the court held that “a drug manufacturer, having invented what it knows is a safer, and at least equally

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ALF Urges 7th Circuit To Affirm District Court’s Rule 702 “Daubert” Order In Paraquat MDL

ALF Amicus Briefs, All Amicus Briefs /

In the Paraquat Products Liability multidistrict litigation, more than 5,000 individual plaintiffs allege that they developed Parkinson’s disease as a result of their exposure to paraquat, a widely used, U.S. EPA-regulated herbicide. The cases have been consolidated for multidistrict pretrial proceedings in the U.S. District Court for the Southern District of Illinois. In four trial selection (i.e.,

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ALF Urges Supreme Court To Apply Expert Testimony Reliability Criteria To Private Securities Fraud Complaints

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

ALF long has been an advocate for ensuring that only reliable expert opinions are considered by courts and/or juries during any phase of litigation. In April 2024 ALF filed an amicus brief supporting NVIDIA Corporation’s certiorari petition in NVIDIA Corp. v. E. Ohman J:or Fonder AB, No. 23-970, a securities fraud suit governed by the

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DRI & ALF Argue That Civil RICO Excludes Claims For Personal Injury-Related Economic Harm

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

The Racketeer Influenced and Corrupt Organizations Act (“RICO”) authorizes the filing of civil suits for treble damages and attorney fees by “[a]ny person injured in his business or property by reason of” engaging in certain prohibited activities.  18 U.S.C. § 1964(c).  RICO was enacted as a prosecutorial tool for fighting organized crime. The Second and

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ALF Amicus Brief Supports Constitutional Challenge To Medicare “Drug Price Negotiation Program”

ALF Amicus Briefs, All Amicus Briefs, Federal Courts of Appeals /

The Inflation Reduction Act’s highly politicized, misleadingly named, “Drug Price Negotiation Program” is a form of government-imposed price control. Under the Program, the Centers for Medicare & Medicaid Services selects certain “negotiation-eligible” brand-name drugs. Following a supposed “negotiation” and “agreement” with its manufacturer, each such drug can be sold within the enormous Medicare/Medicaid system only

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ALF Urges Supreme Court To Uphold Parents’ Rights

ALF Amicus Briefs, All Amicus Briefs, US Supreme Court /

The question presented by the pending certiorari petition in Parents Protecting Our Children v. Eau Claire Area School District, Wisconsin (23-1280) is whether parents have standing to challenge a school district’s “gender identity transition policy”—a policy, like many that have proliferated throughout the United States, that explicitly keeps parents in the dark if a student wishes

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