For more than 50 years the Securities and Exchange Commission (SEC) has been enforcing a “Gag Rule,” 17 C.F.R. § 202.5(e), whenever a civil enforcement target enters into a judicial or administrative settlement agreement with the Commission. The Gag Rule requires settling enforcement targets to agree that they will not publicly deny any allegation in […]
ALF Urges Supreme Court To Review & Invalidate SEC “Gag Rule” Read More »
On January 16, 2026 the Supreme Court granted certiorari in Monsanto Co. v. Durnell (24-1068) to address the question of whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts pesticide label-related failure-to-warn claims where U.S. EPA does not require the warning at issue. The answer to this question will affect state-law personal injury claims alleging that Monsanto
Supreme Court Should End Roundup Failure-To-Warn Litigation Read More »
On behalf of the Atlantic Legal Foundation, I have written and filed an amicus brief supporting the pending petitions for a writ of certiorari in Janssen Pharmaceuticals, Inc. v. Kennedy (25-749) & Bristol Myers Squibb Co. v. Kennedy (25-751). Both petitions ask the Supreme Court to hold the Inflation Reduction Act’s misleadingly named “Drug Price Negotiation Program” unconstitutional. Case
ALF Urges Supreme Court To Review & Invalidate “Drug Price Negotiation Program” Read More »
The Supreme Court has granted certiorari in Hencely v. Fluor Corp. (24-924) to decide whether federal law precludes a state-law personal injury suit arising out of a 2016 suicide-bombing on Bagram Airfield in Afghanistan. The plaintiff, a U.S. service member injured in the bombing, is suing Fluor Corp., a private contractor that provided essential support services to
Dozens of state and local governments have filed state-law tort suits in state courts around the United States collectively seeking billions of dollars in damages and other relief from major oil and natural gas producers for the alleged local effects of global warming and climate change. The potentially mind-boggling ramifications of allowing these proliferating climate-change
Dozens of state and local governments have filed state-law tort suits in state courts around the United States collectively seeking billions of dollars in damages and other relief from major oil and nautral gas producers for the alleged local effects of global warming and climate change. The potentially disastrous ramifications of allowing these proliferating climate-change
ALF & FDCC Argue That Federal Law Preempts Climate-Change Tort Suits Read More »
Under Pennsylvania law, companies that register to do business in that State are required to agree to appear in its courts on “any cause of action” filed against them. In other words, by registering to do business in Pennsylvania, a corporation is deemed to have consented to the State’s general (“all purpose”) jurisdiction. This means
On behalf of the Atlantic Legal Foundation, I have authored and filed an amicus brief supporting the certiorari petition in Monsanto Company v. Durnell (24-1068), which urges the Supreme Court to decide whether the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) preempts state-law failure-to-warn claims involving Roundup, a widely used agricultural herbicide. Case Background Section 24(b) of FIFRA, 7
Supreme Court Should Decide Whether Roundup Failure-To-Warn Claims Are Preempted Read More »
I have authored and filed a petition-stage amicus brief on behalf of Green Oceans, an environmental group that opposes construction and operation of dozens of gigantic wind turbines on the Outer Contintental Shelf (“OCS”) off the Rhode Island and Massachusetts coasts. The amicus brief supports two pending certiorari petitions that seek review of a First
The certiorari petition in Save Jobs USA v. Department of Homeland Security (24-923) asks the Supreme Court to decide whether DHS has authority under the Immigration and Nationality Act (INA), 8 U.S.C. § 1101(a)(15), to decide, independently of Congress, which statutorily defined classes of nonimmigrant alien visa holders can work while in the United States. Resolution of
