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 […]
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
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
ALF Urges Supreme Court To Uphold Parents’ Rights Read More »
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”
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
ALF Urges Supreme Court To Decide Key Arbitration Issue Read More »
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
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
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
ALF Urges California Supreme Court To Review & Reject Expansive Product Liability Theory Read More »
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
ALF Urges Supreme Court To Let Scientific Debate Flourish Read More »
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
ALF Urges 4th Circuit To Enforce Electronic Ticket Arbitration Agreements Read More »
