Articles

Manufacturers need not design accident-proof machines or warn against obvious dangers

September 01, 2016 | By DEBORAH LA FETRA

A Minnesota hog farming operation, VZ Hogs LLP, uses an extruder manufactured by Sebright Products, Inc., to separate liquids from solid mass. When the extruder jammed, several workers tried to unjam it. The employer never trained them how to unjam the machine. Nereus Montemayor climbed into the machine while it was still connected to its … ...

Articles

The perfect response to John Oliver's nonsense charter school rant

September 02, 2016 | By JOSHUA THOMPSON

Our friends at We the Internet TV, put together this scathing, hilarious, and appropriate rebuke to John Oliver’s silly diatribe on charter schools. … ...

Articles

New article on the upcoming Murr argument

September 02, 2016 | By JAMES BURLING

While we do not yet have a date set for the oral argument before the Supreme Court in Murr v. State of Wisconsin, we now have, hot of the presses, an article by former PLF attorney (and current judicial clerk) Chris Kieser on what to expect from the Supreme Court when it does hear the … ...

Articles

Weekly litigation report — September 2, 2016

September 03, 2016 | By JAMES BURLING

School choice in Montana Endangered species — gnatcatcher petition rejected Tort reform and warning overreach POTUS’s WOTUS to the SCOTUS School choice in Montana We filed our opening brief in Armstrong v. Kadas in the Ninth Circuit Court of Appeals. In this case we are challenging the decision by the Montana Department of Revenue not ...

Articles

Pennsylvania school districts cannot avoid state charter school law by refusing to act

September 06, 2016 | By CALEB TROTTER

In August, during Back to School Choice Week 2016, I called your attention to the story of Discovery Charter School in Philadelphia, Pennsylvania. In 2012, Discovery requested an amendment to its charter with the School District of Philadelphia to increase its enrollment. Because of Discovery’s success, it has amassed a substantial waiting li ...

Articles

AL wants craft brewers to record your personal information before selling you a beer

September 07, 2016 | By ANASTASIA BODEN

The alcohol industry is famously anti-competitive.  It has numerous regulations that make it difficult for new companies to start up, and that keep the big producers on top.  Readers may recall PLF’s challenge to a Florida law that outright banned the standard size craft brew container—called a growler—allegedly to curb drinking ...

Articles

Fighting back against wrong-headed arbitration

September 08, 2016 | By DAMIEN SCHIFF

Earlier this week, a variety of Central Valley papers picked up an oped written by former PLF Vice President David Stirling and me explaining the importance to California’s employers and employees of Gerawan Farming v. Agricultural Labor Relations Board, a case currently pending in the California Supreme Court.  The litigation focuses on Ca ...

Articles

Challenging unauthorized union access

September 09, 2016 | By DAMIEN SCHIFF

Yesterday, we filed a new case challenging a controversial rule from the Occupational Safety and Health Administration. The lawsuit, brought in the Northern District of Texas and styled National Federation of Independent Business v. Dougherty, attacks a 2013 OSHA “standard interpretation letter.” Often referred to as the “Fairfa ...

Articles

Strong intervention rules help mitigate harms of "sue and settle" litigation

September 09, 2016 | By CALEB TROTTER

In 2014, a lightning strike ignited a wildfire in the Johnson Bar Campground in Idaho’s Nez Perce National Forest. As a result of the fire, a substantial amount of dead and dying timber–a dangerous source of fuel for future wildfires–remains in the forest. To remove the danger and recover the value of the timber, the United R ...