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 […]
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
ALF Brief Opposes Governmental “Home Equity Theft” Read More »
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
ALF Brief Opposes Exclusion of Industry Scientists From Key EPA Advisory Committee Read More »
Last October, less than a month before the mid-term election, the Biden administration announced mass cancellation of student loan debt owed to the federal government by approximately 20 million borrowers. The Congressional Budget Office estimates that under the program—which is currently enjoined—more than $400 billion in student debt would be wiped out. Other estimates exceed
ALF Argues That Half-Trillion Dollar Student Debt Cancellation Is Unconstitutional Read More »
United States Department of Agriculture (USDA) food and labeling standards define foie gras as duck or goose liver “obtained exclusively from specially fed and fattened geese and ducks.” This centuries-old process, long used in France , involves “force feeding” geese and ducks to enlarge their livers. It is the only way to produce genuine foie gras. California,
Case Background Parents Defending Education, a nonprofit organization that promotes “the restoration of a healthy, non-political education” for the nation’s children, has filed federal district court litigation challenging an Iowa public school district’s transgender student policy. This policy, titled Administrative Regulations Regarding Transgender and Students Nonconforming to Gender Role Stereotypes, purports “to expeditiously address the needs
The plaintiffs in Changizi v. Department of Health and Human Services allege that the federal government, primarily through the Office of the Surgeon General, has pressured Twitter and other social media to censor them and other individuals who “question the wisdom, efficacy, and morality of government responses to the [COVID-19] pandemic, specifically lockdowns and mask and vaccine
The certiorari petition in Glenhaven Healthcare LLC v. Saldana, No. 22-192, presents an important and frequently recurring question that has enormous implications for public health as well as civil justice: Whether COVID-19-related personal-injury and wrongful-death suits, which implicate the immunity-from-suit-and-liability provision and additional legal protections expressly afforded to healthcare facilities and workers by the Public Readiness and
On behalf of the Atlantic Legal Foundation (ALF), I have filed a merits-stage amicus brief urging the Supreme Court to hold in Mallory v. Norfolk Southern Ry. Co., No. 21-1168, that a nonresident corporation cannot be subjected to a State’s general jurisdiction merely because, as required by the State, it registers to do business. This is
Bolstered by climate-change activists and the plaintiffs’ contingency-fee bar, more than two dozen state and local governments around the nation have filed state-court suits seeking damages from fossil fuel energy companies for allegedly causing, or contributing to, global climate change through greenhouse gas (“GHG”) emissions. Masquerading as state-law nuisance and trespass suits, they seek “climate
ALF & DRI Argue That Climate-Change Damages Suits Belong in Federal, Not State, Courts Read More »
