ALF Amicus Briefs Urge Supreme Court To Revisit State Consent-By-Registration Statutes

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Under Pennsylvania and Minnesota laws, companies that register to do business in those states are deemed to have consented to the state’s general (“all purpose”) jurisdiction. This means that an out-of-state corporation can be sued by an out-of-state plaintiff for a cause of action that has no connection to Pennsylvania or Minnesota. All states have […]

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ALF Urges Supreme Court To Review & Invalidate SEC “Gag Rule”

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For more than 50 years the Securities and Exchange Commission (SEC) has been enforcing a “Gag Rule,” 17 C.F.R. § 202.5(e), whenever a civil enforcement target enters into a judicial or administrative settlement agreement with the Commission. The Gag Rule requires settling enforcement targets to agree that they will not publicly deny any allegation in

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Supreme Court Should End Roundup Failure-To-Warn Litigation

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On January 16, 2026 the Supreme Court granted certiorari in Monsanto Co. v. Durnell (24-1068) to address the question of whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts pesticide label-related failure-to-warn claims where U.S. EPA does not require the warning at issue. The answer to this question will affect state-law personal injury claims alleging that Monsanto

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ALF Urges Supreme Court To Review & Invalidate “Drug Price Negotiation Program”

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On behalf of the Atlantic Legal Foundation, I have written and filed an amicus brief supporting the pending petitions for a writ of certiorari in Janssen Pharmaceuticals, Inc. v. Kennedy (25-749) & Bristol Myers Squibb Co. v. Kennedy (25-751). Both petitions ask the Supreme Court to hold the Inflation Reduction Act’s misleadingly named “Drug Price Negotiation Program” unconstitutional. Case

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ALF Urges Supreme Court To Hold That Exxon Mobil Corporation Can Seek Compensation For Castro-Confiscated Business Property

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When Fidel Castro captured power in 1959, his Cuban government expropriated billions of dollars in American-owned business property. A 1972 U.S. Foreign Claims Settlement Commission report explained that Castro’s “unlawful seizures violated every standard by which the nationals of the free world conduct their affairs.” The stolen business property included an oil refinery, product terminals and

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ALF Argues That Federal Law Precludes Tort Suits Against U.S. Military “Battlefield Contractors”

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The Supreme Court has granted certiorari in Hencely v. Fluor Corp. (24-924) to decide whether federal law precludes a state-law personal injury suit arising out of a 2016 suicide-bombing on Bagram Airfield in Afghanistan. The plaintiff, a U.S. service member injured in the bombing, is suing Fluor Corp., a private contractor that provided essential support services to

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Amicus Brief Urges Supreme Court To Decide Whether Federal Law Precludes Climate-Change Tort Suits

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Dozens of state and local governments have filed state-law tort suits in state courts around the United States collectively seeking billions of dollars in damages and other relief from major oil and natural gas producers for the alleged local effects of global warming and climate change. The potentially mind-boggling ramifications of allowing these proliferating climate-change

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ALF & FDCC Argue That Federal Law Preempts Climate-Change Tort Suits

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Dozens of state and local governments have filed state-law tort suits in state courts around the United States collectively seeking billions of dollars in damages and other relief from major oil and nautral gas producers for the alleged local effects of global warming and climate change. The potentially disastrous ramifications of allowing these proliferating climate-change

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ALF Amicus Brief Argues That Post-Judgment Forum Shopping Undermines Civil Justice

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The Supreme Court has granted certiorari in The Hain Celestial Group, Inc. v. Palmquist (24-724), a case that presents an important unresolved question fundamental to ALF’s civil justice mission.  The Fifth Circuit’s holding that the district court’s final judgment as to completely diverse parties must be vacated—and that this product liability suit must be remanded in its entirety

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ALF Urges Supreme Court To Revisit Constitutionality of Pennsylvania’s Consent-By-Registration Statute

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Under Pennsylvania law, companies that register to do business in that State are required to agree to appear in its courts on “any cause of action” filed against them. In other words, by registering to do business in Pennsylvania, a corporation is deemed to have consented to the State’s general (“all purpose”) jurisdiction. This means

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