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 […]

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all things amicus

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

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all things amicus

ALF Argues That CFPB “Self-Funding” Is Unconstitutional

ALF Amicus Briefs, All Amicus Briefs, US Supreme Court /

According to its website, the mission of the Consumer Financial Protection Bureau (CFPB) is “making sure you are treated fairly by banks, lenders and other financial institutions.”  When Congress created the CFPB in 2010 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, it sought to ensure that the agency would be an

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Larry Ebner Quoted In Law360 On Supreme Court Business Decisions

Commentary, News, US Supreme Court /

On June 30, Law360 published 3 Takeaways From The Supreme Court’s Session, an article providing insights about the Court’s now-completed 2022 Term. In the section called “No Banner Term for Business” I am quoted as follows: Corporations also frowned upon the Mallory v. Norfolk Southern decision upholding a Pennsylvania law that says corporations can be

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Biden’s Student Debt Forgiveness Plan Was Unforgiveably Unconstitutional

Commentary, US Supreme Court /

On June 30 the Supreme Court held in Biden v. Nebraska that the Biden Administration lacked authority under the Higher Education Relief Opportunities for Students (‘HEROES”) Act to cancel $ 430 billion in student loan debt held by 43 million borrowers. The 6 to 3 majority ruling, authored by Chief Justice Roberts, was correct as

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Sup. Ct. “General Personal Jurisdiction” Ruling Exposes Corporations To Forum-Shopping Plaintiffs

Commentary, US Supreme Court /

Here’s a question that a law school student might find on a final exam: When can a State exercise “general personal jurisdiction” over a corporate defendant? Until this week, the answer seemed clear: only in a State where a company is incorporated or its principal place of business is located. But a new 5 to

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all things amicus

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

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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

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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

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Supreme Court Ditches Amicus Consent Requirement

Amicus Strategy & Procedure, Atlantic Legal Foundation, US Supreme Court /

The Supreme Court on December 5 announced revisions to its rules—including elimination of the requirement that an amicus curiae obtain either the parties’ consent or the Court’s permission prior to filing its friend-of-the-court brief. “Deleting the consent requirement reflects how commonplace the filing of amicus briefs has become in the Supreme Court. The federal courts of appeals should follow

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