ALF Amicus Brief Urges Supreme Court To Decide Judicial Transparency Issue

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

The certiorari petition in Tardy v. Corrections Corporation of America, No. 23-129, requests the Supreme Court to resolve an inter-circuit conflict concerning Article III standing for individuals who seek access to sealed court records. The appeal arises from a Sixth Circuit decision holding that “to have standing, a plaintiff claiming an informational injury must have suffered adverse …

ALF Amicus Brief Urges Supreme Court To Decide Judicial Transparency Issue Read More »

It’s Time For Attorneys & Courts To Use the Amended Expert Witness Rule

All Publications, Atlantic Legal Foundation, Published Articles /

The Atlantic Legal Foundation long has been the nation’s leading advocate for use of sound science in judicial and regulatory proceedings. ALF’s advocacy in the famous Daubert trilogy of Supreme Court cases significantly contributed to the adoption of the reliability standard incorporated into Federal Rule of Evidence 702, which governs admissibility of testimony by expert witnesses. And ALF’s insistence …

It’s Time For Attorneys & Courts To Use the Amended Expert Witness Rule Read More »

Webinar: Challenging the Constitutionality of FTC & Other Federal Administrative Enforcement Proceedings

Atlantic Legal Foundation, Presentations, US Supreme Court /

Last April, the Supreme Court’s unanimous combined judgment in Axon Enterprise, Inc. v. FTC & SEC v. Cochran opened federal district court doors to litigation challenging the structural constitutionality of civil administrative enforcement proceedings brought by the Federal Trade Commission (FTC) or the Securities and Exchange Commission (SEC) before their own administrative law judges. This …

Webinar: Challenging the Constitutionality of FTC & Other Federal Administrative Enforcement Proceedings Read More »

ALF Argues No Chevron Deference For Unconstitutional Interpretations

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

Almost 40 years ago the Supreme Court held in Chevron U.S.A v. Natural Resources Defense Council, 467 U.S. 837, 844 (1984), that “a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency.” This Chevron doctrine “directs courts to accept an agency’s reasonable resolution of an ambiguity in …

ALF Argues No Chevron Deference For Unconstitutional Interpretations Read More »

ALF Amicus Brief Explains FRE 702’s Critical Role In Class-Certification Decisions

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

At least as far back as its participation as amicus curiae in the Daubert trilogy of Supreme Court decisions, the Atlantic Legal Foundation (ALF) has been one of the nation’s foremost advocates for ensuring that federal district judges fulfill their “gatekeeper” role under Federal Rule of Evidence 702.  Under Rule 702, federal district judges can admit into evidence, or otherwise rely …

ALF Amicus Brief Explains FRE 702’s Critical Role In Class-Certification Decisions Read More »

ALF Files Supreme Court Amicus Brief In Internet “Informational Injury” Case

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

Personal injury “failure-to-warn” suits long have been a well-accepted component of state tort law. Even failure-to-warn claims for intangible injuries such as emotional distress and reputational harm are allowed under certain  circumstances.  But what about the new frontier of Internet-based “informational injuries” allegedly sustained as a result of visiting  business websites that allegedly fail to …

ALF Files Supreme Court Amicus Brief In Internet “Informational Injury” Case Read More »

ALF Urges Supreme Court To Review Foreign-Student Guest Worker Case

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

On behalf of the Atlantic Legal Foundation, Larry Ebner  has filed an amicus brief urging the Supreme Court to decide whether the Department of Homeland Security (DHS) has authority under the Immigration and Nationality Act (“INA”) to allow “F-1” student visa holders to stay in the United States and work for  computer or other technology-sector …

ALF Urges Supreme Court To Review Foreign-Student Guest Worker Case Read More »

ALF/WLF Brief Urges Full 11th Circuit To Enforce Federal Preemption of Pesticide Failure-To-Warn Claims

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

The U.S. Court of Appeals for the Eleventh Circuit has granted rehearing en banc in Carson v. Monsanto Co., No. 21-10994, one of thousands of state-law personal injury suits alleging that Monsanto, the manufacturer of Roundup herbicide, failed to provide a label warning that glyphosate, the active ingredient in Roundup, can cause cancer. The U.S. Environmental …

ALF/WLF Brief Urges Full 11th Circuit To Enforce Federal Preemption of Pesticide Failure-To-Warn Claims Read More »

ALF Brief Opposes Governmental “Home Equity Theft”

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

Petitioner Tyler, a 94 year-old woman, owed $15,000 in local property taxes and related penalties in connection with an abandoned condominium. In accordance with state tax-lien statutes, Hennepin County, Minnesota seized the property, sold it for $40,000, and retained the $25,000 surplus. The Eighth Circuit rejected Tyler’s  contention that the County’s refusal to return the …

ALF Brief Opposes Governmental “Home Equity Theft” Read More »

Is Mass Student Debt Cancellation Constitutional?

All Publications, Atlantic Legal Foundation, Commentary, Published Articles, US Supreme Court /

Almost all the 3 ½ hours of colloquy at the February 28, 2023 Supreme Court hearing on the student debt relief cases, Biden v. Nebraska, No. 22-506,  and U.S. Department of Education v. Brown, No. 22-535, was devoted to two issues: (1) whether the plaintiff states and/or individuals have standing to challenge the debt cancellation …

Is Mass Student Debt Cancellation Constitutional? Read More »

Scroll to Top