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

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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 Supreme Court To Decide Key Arbitration Issue

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The Supreme Court repeatedly has explained that the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., was enacted to quell judicial hostility to arbitration. FAA § 2 “is the primary substantive provision of the Act, declaring that a written agreement to arbitrate . . . ‘shall be valid, irrevocable, and enforceable, save upon such grounds as

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ALF Urges Supreme Court To Apply Federal Evidence Rule 702 To Securities Fraud Complaints

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The Atlantic Legal Foundation 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 support of a certiorari petition filed by NVIDIA Corporation in a securities fraud suit governed by the Private Securities Litigation Reform Act (“PSLRA”), ALF has filed an

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ALF Urges Supreme Court To Decide Whether Federal Law Precludes Climate Change Damages Suits

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State and local governments have filed dozens of damages suits in state courts around the United States collectively seeking billions of dollars  from major oil and gas producers for the alleged local effects of global warming and climate change.  The potentially disastrous national and international ramifications of allowing these proliferating suits to proceed are enormously

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ALF Urges California Supreme Court To Review & Reject Expansive Product Liability Theory

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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 Supreme Court To Let Scientific Debate Flourish

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The Supreme Court has agreed to hear Murthy v. Missouri, No. 23-411, a First Amendment freedom of speech case brought by the States of Missouri and Louisiana and several individual social media users, including public health experts. They seek to enjoin White House, Surgeon General, Centers for Disease Control (CDC), Cybersecurity and Infrastructure Security Agency (CISA), and other

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ALF Urges 4th Circuit To Enforce Electronic Ticket Arbitration Agreements

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

Electronic tickets, purchased online for admission to sports, entertainment, and many other types of events, have become ubiquitous. When small groups, such as friends or family, plan to attend an event together, it is customary for one individual to purchase tickets for the group, download them to and store them on his or her mobile

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ALF Argues That Arbitration Act’s “Transportation Worker” Exemption Is Narrow

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Section 2 of the Federal Arbitration Act (“FAA”) mandates that arbitration agreements “shall be valid, irrevocable, and enforceable.” 9 U.S.C § 2. Section 1 of the FAA, however, exempts “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.”  9 U.S.C § 1. The Supreme Court

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ALF Urges Supreme Court To Enforce Arbitrator Delegation Clause

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The Supreme Court repeatedly has recognized that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., embodies a strong federal policy requiring judicial enforcement of private-party agreements to resolve disputes through binding arbitration,  which usually is speedier, more efficient, and less expensive than litigation. To facilitate these benefits, arbitration agreements often contain a “delegation clause”

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