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Month: November 2016

November 30, 2016

Causation, and not deep pockets, should dictate liability

Today we filed this amicus brief asking the California Supreme Court to overturn the flawed decision in T.H. v. Novartis, which would essentially impose never-ending tort liability on brand-name drug manufacturers for injuries caused by their generic counterparts.  By adopting an expansive theory of liability, the law threatens to drive up the cos ...

November 30, 2016

California’s high court will review pension "spiking" case

Californians are accustomed to controversy when it comes to public employee pensions.  Although state and local governments across the country were left without adequate funding of pension obligations following the Great Recession of 2008-2009, California’s shortfall–estimated to be around $475 billion–was the biggest. The Cali ...

November 30, 2016

PLF Supreme Court cases have changed administrative law forever

Readers of this blog are familiar with our unanimous victory in Sackett v. EPA in which the U.S. Supreme Court ruled landowners had a right to immediate challenge of EPA compliance orders in federal court. Subsequent to Sackett, we won Army Corps of Engineers v Hawkes; another unanimous Supreme Court victory in which the court ...

November 30, 2016

PLF’s Mark Miller to speak in Fort Pierce on Thursday

This Thursday at noon, Mark Miller (that’s me) of PLF’s Atlantic Center will present a Continuing Legal Education (CLE) seminar on Successful Oral Arguments in the Appellate Courts: Lessons Learned in the Supreme Court of the United States and the Courts of Appeal. The presentation, hosted by the Friends of the Rupert J. Smith Law Lib ...

November 29, 2016

Bill to license music therapists in New Jersey refuses to die

Almost a year ago I wrote about a bill pending in the New Jersey legislature that would’ve created an occupational license for music therapists in the state. Fortunately, that bill didn’t make it through the legislature, and the legislative session ended before the bill could get a full vote. Rather than die with dignity, however, ...

November 29, 2016

The power of standing strong for liberty

Defending the rights and liberties of regular Americans — that's been Pacific Legal Foundation's stock and trade for more than 40 years.   The challenge facing PLF clients, Teresa Avila-Burns and her husband Ray Burns, is typical of the cases we take and victories we win for their constitutional rights, and those of their fellow Americans. ...

November 29, 2016

Stand with Edmund

Earlier this year, ten-year-old Edmund Lee, Jr., was reading about Rosa Parks, a great civil rights crusader in her time. Now Edmund is fighting for his own civil rights. Edmund and his mother La'Shieka, with the help of PLF, are battling a discriminatory St. Louis transfer program that prohibits black students — and only black ...

November 28, 2016

Who will Trump nominate to the Supreme Court?

The short answer is, someone on his published list, first issued this past May and expanded in October. I wrote about why we should anticipate that Trump will stick to the list for his first Supreme Court nominee, this month in the Daily Journal. My bottom line to those on the left (and a few on ...

November 27, 2016

In the spirit of gratitude … we say, “thank you”

For more than 40 years, Pacific Legal Foundation has been defending the constitution and rescuing liberty from coast to coast. But we haven’t done it alone. As we finish up Thanksgiving week and the preparations and celebrations fade into memories, we at PLF will continue the spirit of gratitude all-year-round. To our donors and supporters ...

November 27, 2016

A quick win for free enterprise and free speech

In September, PLF took on the City of San Juan Capistrano, Calif., by filing a federal free speech lawsuit challenging the city’s ban on displaying for-sale signs in cars. Our client, Michael Cefali, was fined fined for parking his car in front of his home with a for-sale sign–and, after some research, determined that hundreds ...