ALF Amicus Brief Urges Supreme Court To Decide Judicial Transparency Issue

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

The certiorari petition in Tardy v. Corrections Corporation of America, No. 23-129, requests the Supreme Court to resolve an inter-circuit conflict concerning Article III standing for individuals who seek access to sealed court records. The appeal arises from a Sixth Circuit decision holding that “to have standing, a plaintiff claiming an informational injury must have suffered adverse …

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ALF Brief Predicts Devasting Impacts If Congress Can Tax Unrealized Gains As “Income”

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The Supreme Court has granted certiorari in Moore v. United States, No. 22-800, to review the constitutionality of the Mandatory Repatriation Tax, 26 U.S.C. § 965, a one-time tax which required U.S. taxpayers to treat as income a proportionate share of the undistributed profits of  certain  foreign corporations. The Ninth Circuit upheld the tax, asserting that “realization of income is …

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ALF Argues No Chevron Deference For Unconstitutional Interpretations

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Almost 40 years ago the Supreme Court held in Chevron U.S.A v. Natural Resources Defense Council, 467 U.S. 837, 844 (1984), that “a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency.” This Chevron doctrine “directs courts to accept an agency’s reasonable resolution of an ambiguity in …

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CFPB is unconstitutional

ALF Argues That CFPB “Self-Funding” Is Unconstitutional

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According to its website, the mission of the Consumer Financial Protection Bureau (CFPB) is “making sure you are treated fairly by banks, lenders and other financial institutions.”  When Congress created the CFPB in 2010 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, it sought to ensure that the agency would be an …

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ALF Amicus Brief Explains FRE 702’s Critical Role In Class-Certification Decisions

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At least as far back as its participation as amicus curiae in the Daubert trilogy of Supreme Court decisions, the Atlantic Legal Foundation (ALF) has been one of the nation’s foremost advocates for ensuring that federal district judges fulfill their “gatekeeper” role under Federal Rule of Evidence 702.  Under Rule 702, federal district judges can admit into evidence, or otherwise rely …

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ALF Files Supreme Court Amicus Brief In Internet “Informational Injury” Case

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Personal injury “failure-to-warn” suits long have been a well-accepted component of state tort law. Even failure-to-warn claims for intangible injuries such as emotional distress and reputational harm are allowed under certain  circumstances.  But what about the new frontier of Internet-based “informational injuries” allegedly sustained as a result of visiting  business websites that allegedly fail to …

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ALF Urges Supreme Court To Review Foreign-Student Guest Worker Case

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On behalf of the Atlantic Legal Foundation, Larry Ebner  has filed an amicus brief urging the Supreme Court to decide whether the Department of Homeland Security (DHS) has authority under the Immigration and Nationality Act (“INA”) to allow “F-1” student visa holders to stay in the United States and work for  computer or other technology-sector …

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ALF/WLF Brief Urges Full 11th Circuit To Enforce Federal Preemption of Pesticide Failure-To-Warn Claims

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The U.S. Court of Appeals for the Eleventh Circuit has granted rehearing en banc in Carson v. Monsanto Co., No. 21-10994, one of thousands of state-law personal injury suits alleging that Monsanto, the manufacturer of Roundup herbicide, failed to provide a label warning that glyphosate, the active ingredient in Roundup, can cause cancer. The U.S. Environmental …

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ALF Brief Opposes Governmental “Home Equity Theft”

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

Petitioner Tyler, a 94 year-old woman, owed $15,000 in local property taxes and related penalties in connection with an abandoned condominium. In accordance with state tax-lien statutes, Hennepin County, Minnesota seized the property, sold it for $40,000, and retained the $25,000 surplus. The Eighth Circuit rejected Tyler’s  contention that the County’s refusal to return the …

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ALF Brief Opposes Exclusion of Industry Scientists From Key EPA Advisory Committee

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation /

The Federal Advisory Committee Act (“FACA”) requires all federal departments and agencies to ensure that the membership of each of their scientific and other advisory committees “be fairly balanced in terms of the points of view represented and the functions to be performed.”  5 U.S.C. app. 2  § 5(b)(2). The Clean Air Scientific Advisory Committee …

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