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 […]
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
Amicus Brief Urges Supreme Court To Review Junk Science “Talc” Litigation Read More »
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
Amicus Brief Argues That Justice Delayed Is Justice Denied Read More »
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
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,
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
In Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), the Supreme Court held that for a state court to assert “specific personal jurisdiction” over the claims of out-of-state plaintiffs in a “mass-action” suit, there must be a substantial connection between the nonresident plaintiffs’ claims and the conduct of the defendant
Amicus Brief Urges Supreme Court To Limit Nationwide Class Actions Read More »
In light of recent Supreme Court decisions, there is a substantial question about whether SEC administrative enforcement proceedings, conducted by SEC Administrative Law Judges who can be removed only “for cause,” violate the separation of powers. The certiorari petition in Gibson v. SEC, No. 20-276, asks the Supreme Court to decide whether a constitutional challenge to
Amicus Brief Supports Meaningful Judicial Review of SEC Constitutional Challenge Read More »
The Atlantic Legal Foundation has submitted an amicus curiae (“friend of the court”) letter urging the California Supreme Court to grant the petition for review filed on August 31, 2020 by Monsanto Company in Johnson v. Monsanto, a bellwether case in which a former school groundskeeper claims he developed a form of cancer as a result
Amicus Letter Explains That Federal Law Preempts Roundup® Product Liability Suit Read More »
Lawrence S. Ebner filed in the U.S. Supreme Court a certiorari-stage amicus curiae brief on behalf of the Coalition For Government Procurement & the Professional Services Council in AT&T, Inc. v. United States ex rel. Heath, No. 15-363, arguing that nationally uniform enforcement of the Federal Rule of Civil Procedure 9(b) fraud-pleading standard in False Claims Act qui tam
