Articles

New York high court expands the duty to warn

July 01, 2016 | By DEBORAH LA FETRA

Ronald Dummitt worked aboard Navy ships in the boiler rooms for two decades, during which time he was exposed to asbestos dust during the maintenance of valves and gaskets, some of which were insulated with asbestos-containing materials. Crane Co. manufactured some of the valves on which Dummit worked, none of which containing any asbestos whatsoev ...

Articles

The right to a jury trial against the federal government

July 01, 2016 | By ETHAN BLEVINS

Kevin Brott wants a jury trial for his Fifth Amendment claim to just compensation. The federal government converted a portion of Brott’s property into a public trail. He wants a jury to gauge compensation rather than a judge who works for his adversary. Sadly, most takings claims against the federal government do not enjoy a jury. We fil ...

Articles

Weekly litigation report — July 1, 2016

July 01, 2016 | By JAMES BURLING

California Supreme Court to take up tax case The right to a jury when the federal government takes your property Appeal filed in mobile home case Loss in gopher frog critical habitat challenge Union trespassing upheld Stack and pack upheld — loss for property owners Adverse asbestos decision and peanut butter sandwiches California Supreme Cou ...

Articles

Seattle’s Grand Bargain–a bargain for whom?

July 05, 2016 | By ETHAN BLEVINS

  The City of Seattle has proposed “The Grand Bargain” to fix its affordable housing crisis. The epic title doesn’t meet expectations. “The Grand Bargain” would force housing developers across the City to set aside a percentage of their developments as rent-restricted affordable housing units. Or developers ca ...

Articles

States can't evade the First Amendment by labeling speech "professional conduct"

July 06, 2016 | By ANASTASIA BODEN

Today we filed this brief asking a full panel of the Eighth Circuit Court of Appeals to rehear our case on behalf of Leslie Young. Leslie Young is an advertising broker.  She started her business—eList.me—to help people who want to sell their homes without the use of a real estate broker, or “for sale by … ...

Articles

An attempt at ESA reform

July 06, 2016 | By RAYMOND NAVARO

Pacific Legal Foundation has long been concerned with the dangers posed to property owners by the Endangered Species Act.  PLF’s environmental litigation, including its ESA work, ensures that laws like the Endangered Species Act do not violate Americans’ property rights and other liberties. Thankfully, the movement for reform in enviro ...

Articles

Steven Anderson named as new President and CEO of Pacific Legal Foundation

July 07, 2016 | By JOSHUA THOMPSON

Pacific Legal Foundation’s Board of Trustees has named Steven Anderson, a leading national advocate for property rights and prominent executive in the freedom-based legal movement, as PLF’s new President and CEO.  He will take up the post on September 1. … ...

Articles

Nashville's unconstitutional efforts to limit short-term rentals

July 08, 2016 | By CALEB TROTTER

With the rise of websites like Airbnb and VRBO, short-term rentals dramatically increase the opportunities for property-owners to supplement their income and retain flexibility with their homes. Unfortunately, last year, Nashville passed two ordinances that unconstitutionally regulate and restrict the ability of property-owners to rent their prope ...

Articles

Stopping economic development takings

July 08, 2016 | By RAYMOND NHAN

Many of our readers are aware of the Supreme Court’s decision in Kelo v. City of New London. In that 2005 case, the Court held that a city may take property from homeowners and give it to a large corporation based on the promise that the taking will lead to higher tax revenues. In other words, … ...