ALF Amicus Brief Argues SEC Lacks Expertise To Rule On Its Own Constitutionality

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The Supreme Court has agreed to hear two separate cases that raise essentially the same question: Can an SEC or FTC civil enforcement target file a district court action challenging the constitutionality of how these independent regulatory agencies’ in-house adjudicatory proceedings are structured? Or to obtain judicial review of such a structural constitutional claim, does […]

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Amicus Brief Argues “Justice Delayed Is Justice Denied” In FTC Constitutional Challenge

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The Atlantic Legal Foundation has filed an amicus brief urging the Supreme Court to hold, contrary to the Ninth Circuit, that federal district courts can exercise their federal question jurisdiction over constitutional challenges to the structure of the Federal Trade Commission’s civil administrative enforcement process.  In a divided opinion, a Ninth Circuit panel held in Axon Enterprise, Inc.

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Amicus Brief Urges Supreme Court To Avoid “Takings” Issues When Interpreting Scope Of Clean Water Act

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The U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers impose onerous Clean Water Act permitting requirements in connection with discharge of dredged or fill material on private property that those agencies deem wetlands encompassed by “the waters of the United States”—the vague phrase that Congress chose to define “navigable waters” subject

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Amicus Brief Urges Supreme Court To Keep “Junk Science” Away From Juries

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3M Company v. Amador The Atlantic Legal Foundation (ALF), joined by Washington Legal Foundation and DRI-The Voice of the Defense Bar, has filed an amicus brief urging the Supreme Court to hear an appeal that challenges the Eighth Circuit’s lax interpretation and application of Federal Rule of Evidence 702 (Testimony by Expert Witnesses). Rule 702 was amended more than 20 years

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Amicus Brief Urges Supreme Court To Explicitly Overrule Century-Old Decision That Gave States All-Purpose Jurisdiction Over Nonresident Corporations

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Cooper Tire & Rubber Co. v. McCall, No. 21-926 Question Presented Whether an out-of-state corporate defendant’s registration to do business in a State  should be deemed consent to that State’s general jurisdiction. Case Background Imposing limits on the ability of state and federal courts to assert jurisdiction over out-of-state defendants is fundamental to due process—what

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Amicus Brief Argues That Covid-19 Negligence Suits Belong—If Anywhere—In Federal Court

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The Covid-19 pandemic has spawned numerous wrongful death and personal injury suits. These suits belong—if anywhere—in federal courts. But vast majority of these suits, which allege negligence and malpractice on the part of hospitals, nursing homes, doctors, and other healthcare professionals, especially during the early months of the pandemic, have been filed in state courts.

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ALF Presses Supreme Court To Review Selective Exclusion of Journalists From Government Briefings

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The Atlantic Legal Foundation has submitted an amicus brief supporting the certiorari petition in John K. MacIver Institute for Public Policy, Inc. v. Tony Evers, Governor of Wisconsin, No. 21-388. The question presented —the proper First Amendment test for scrutinizing government officials’ selective exclusion of journalists from press conferences and briefings—goes to the heart of the

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It’s Time For The Supreme Court To Revisit FIFRA Preemption

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More than two decades ago, I stood before the Justices of the California Supreme Court and succeeded in persuading them that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempts pesticide-related failure to warn claims. See Etcheverry v. Tri-Ag Service, Inc., 22 Cal.4th 316 (Cal. 2000).  Five years later, in Bates v. Dow AgroSciences,

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Amicus Brief Argues Constitution Bars Talcum Powder “Consumer Protection” Suit

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Thousands of product liability suits have been filed against Johnson & Johnson alleging that the company failed to warn consumers that women’s use of talcum powder can cause ovarian cancer. Based on the same failure-to-warn theory, Mississippi’s Attorney General has filed a state consumer protection action against Johnson & Johnson seeking millions of dollars in

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ALF Amicus Brief Argues That Courts, Not Bureaucrats, Should Interpret Federal Regulations

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The certiorari petition in AMN Services v. Clarke, No. 21-296, presents a Fair Labor Standards Act (FLSA) question about the relationship between per-diem payments for business-related travel and the calculation of overtime pay.  AMN Services, a healthcare temporary staffing company, reduces the amount of per-diem payments for traveling nurses who decline to work all of their

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