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

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Preemption, State Appellate Courts, US Supreme Court /

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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ALF Urges Supreme Court To Clarify Federal Preemption Of Pesticide Failure-To-Warn Suits

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

I today filed on behalf of the Atlantic Legal Foundation a petition-stage amicus brief supporting Petitioner Monsanto Company in Monsanto Co. v. Hardeman, No. 21-241. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) vests the U.S. Environmental Protection Agency (EPA) with exclusive authority to regulate the content of pesticide product labeling. FIFRA accomplishes this by expressly

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ALF Amicus Brief Supports Supreme Court Review of “Justice Delayed is Justice Denied” Appeal

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I today filed on behalf of the Atlantic Legal Foundation and the Cato Institute a petition-stage amicus brief supporting the Petitioner in  Axon Enterprise, Inc. v. Federal Trade Commission, No. 21-86.  Ilya Shapiro,  Vice President & Director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies, joined me on the brief as co-counsel. The

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Amicus Brief Urges Supreme Court To Review Junk Science “Talc” Litigation

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

Personal injury lawyers have been filing thousands of lawsuits against Johnson & Johnson, alleging that its cosmetic talc products, such as Johnson’s Baby Powder, contain asbestos and cause ovarian cancer in women. In one of the most highly publicized talc suits, Ingham v. Johnson & Johnson, the notoriously plaintiff-friendly City of St. Louis state circuit court

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Amicus Brief Argues That Justice Delayed Is Justice Denied

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Courts of Appeals /

In light of recent Supreme Court precedent, there is a substantial question about whether administrative enforcement proceedings prosecuted by independent regulatory agencies such as the Securities and Exchange Commission(SEC) and the Federal Trade Commission (FTC) before their own  removal-for-cause-only administrative law judges (ALJs) violate the separation of powers, and thus are unconstitutional. Federal courts of

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Amicus Brief Takes Aim At Use of Real Person’s Face & Body In “Shooter” Video Game Character

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Courts of Appeals, US Supreme Court /

Gears of War continues to be among the most popular Xbox “shooter” video game franchises. One of game’s original and recurring characters is Augustus “Cole Train” Cole, a brutal interplanetary “Delta Squad” warrior whose realistic face, voice, and physique closely resemble Lenwood Hamilton, a former professional wrestler. Hamilton filed suit in a Pennsylvania federal district

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Amicus Brief Argues That Sound Science – Not The “Precautionary Principle” – Belongs In The Courtroom

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Courts of Appeals /

The City of Bainbridge Island, Washington, has adopted a state-approved Shoreline Management Program (“SMP”), which requires property owners to set aside vegetation buffers and conservation easements to protect Puget Sound shoreline from the supposed ecological impacts of residential construction, landscaping, and recreational activities. Following an unsuccessful administrative appeal to the state Growth Management Hearings Board,

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Amicus Brief Argues That Climate Change Tort Suits Belong – If Anywhere – In Federal, Not State, Courts

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Courts of Appeals, State Appellate Courts /

During the past several years, state and local governments around the United States have filed at least 19 state-court suits seeking to hold fossil fuel energy companies liable under state common law (such as public nuisance law) for allegedly contributing to climate change and its harmful effects. The defendant energy companies have been largely unsuccessful

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