ALF Argues New Drug Tort Violates Sound Science & Harms The Public Interest

ALF Amicus Briefs, All Amicus Briefs, Civil Justice, State Appellate Courts /

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 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 Amicus Brief Urges Supreme Court To Decide Where Online Sellers Can Be Sued

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

Where can a company that offers its products nationwide—either directly through its own interactive website, or indirectly through a third-party online platform such as Amazon—be sued? This is the important, recurring, Internet-age, personal jurisdiction question that the petitioners in Photoplaza, Inc. v. Herbal Brands, Inc., No. 23-504,  are asking the Supreme Court to decide. The certiorari

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ALF & DRI Urge Supreme Court To Limit Civil RICO’s Scope

ALF Amicus Briefs, All Amicus Briefs, Civil Justice, DRI, US Supreme Court /

The Atlantic Legal Foundation and the DRI Center for Law and Public Policy have filed an amicus brief in Medical Marijuana, Inc. v. Horn, No. 23-365, urging the Supreme Court to address the question of whether personal injury claims can be transformed in treble-damages civil RICO suits. Sarah Spencer of Christensen & Jensen and I co-authored

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