ALF Again Argues That “Drug Price Negotiation Program” Is Unconstitutional

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

The Inflation Reduction Act’s highly politicized, misleadingly named, “Drug Price Negotiation Program,” 42 U.S.C. § 1320f et seq., is a form of government-imposed price control. Under the Program, the Centers for Medicare & Medicaid Services (CMS) selects certain “negotiation-eligible” brand-name drugs. Following a supposed “negotiation” and “agreement” with its manufacturer, each such drug can be sold within […]

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ALF Urges U.S. Judicial Conference To Reject Amicus Brief Rules Change

Amicus Strategy & Procedure, Atlantic Legal Foundation, Federal Courts of Appeals /

The U.S. Judicial Conference’s Advisory Committee on Appellate Rules has proposed amendments to Federal Rule of Appellate Procedure 29 that would hinder, rather than facilitate, the filing of amicus curiae (“friend of the court”) briefs in federal courts of appeals. Currently, Rule 29(a) permits organizations such as ALF to file a merits-stage amicus brief in a federal

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ALF Urges Supreme Court To Apply Expert Testimony Reliability Criteria To Private Securities Fraud Complaints

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

ALF long has been an advocate for ensuring that only reliable expert opinions are considered by courts and/or juries during any phase of litigation. In April 2024 ALF filed an amicus brief supporting NVIDIA Corporation’s certiorari petition in NVIDIA Corp. v. E. Ohman J:or Fonder AB, No. 23-970, a securities fraud suit governed by the

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New ALF Video Features Testimonials From Top Supreme Court Advocates

Atlantic Legal Foundation, News /

Digital/Social Media expert Nick Kosar of Open Road Digital has created this Atlantic Legal Foundation video, featuring some of the many testimonials we have received from the nation’s top Supreme Court advocates and business leaders. In addition to designing ALF’s new website, Nick worked closely with me to design and launch this new website for

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all things amicus

ALF Urges Supreme Court To Review & Reject Expansive View of Product Manufacturers’ Civil Aiding-and-Abetting Liability

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation /

The Mexican government has sued heavily regulated U.S. firearms manufacturers for $10 billion in damages and sweeping injunctive relief to redress “social costs” that it alleges to have incurred as a result of gun violence in Mexico. According to Mexico’s complaint, filed in Massachusetts federal district court, the defendant manufacturers have knowingly “aided and abetted”

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ALF Urges Supreme Court To Decide Key Arbitration Issue

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Civil Justice /

The Supreme Court repeatedly has explained that the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., was enacted to quell judicial hostility to arbitration. FAA § 2 “is the primary substantive provision of the Act, declaring that a written agreement to arbitrate . . . ‘shall be valid, irrevocable, and enforceable, save upon such grounds as

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ALF Urges Supreme Court To Apply Federal Evidence Rule 702 To Securities Fraud Complaints

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

The Atlantic Legal Foundation long has been an advocate for ensuring that only reliable expert opinions are considered by courts and/or juries during any phase of litigation. In support of a certiorari petition filed by NVIDIA Corporation in a securities fraud suit governed by the Private Securities Litigation Reform Act (“PSLRA”), ALF has filed an

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ALF Urges Supreme Court To Decide Whether Federal Law Precludes Climate Change Damages Suits

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

State and local governments have filed dozens of damages suits in state courts around the United States collectively seeking billions of dollars  from major oil and gas producers for the alleged local effects of global warming and climate change.  The potentially disastrous national and international ramifications of allowing these proliferating suits to proceed are enormously

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ALF Urges California Supreme Court To Review & Reject Expansive Product Liability Theory

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation /

In the consolidated Gilead Tenofovir Cases, the California Court of Appeal held that “the legal duty of a manufacturer to exercise reasonable care can, in appropriate circumstances, extend beyond the duty not to market a defective product” (emphasis added). More specifically, the court held that “a drug manufacturer, having invented what it knows is a safer, and at least equally

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ALF Urges Supreme Court To Let Scientific Debate Flourish

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

The Supreme Court has agreed to hear Murthy v. Missouri, No. 23-411, a First Amendment freedom of speech case brought by the States of Missouri and Louisiana and several individual social media users, including public health experts. They seek to enjoin White House, Surgeon General, Centers for Disease Control (CDC), Cybersecurity and Infrastructure Security Agency (CISA), and other

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