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By James S. Burling

Weekly litigation report—December 23, 2017

CBD sues Santa, tort reform is drugged in California, and repealing bad regulations is legal.

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By Ethan W. Blevins

Forbes highlights PLF brief to Supreme Court

Forbes writer George Leef published an article on Brott v. United States, a case before the Supreme Court in which PLF participated as amicus.

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By Deborah J. La Fetra

Unending tort liability for innovators

The California Supreme Court issued a 4-3 decision in T.H. v. Novartis Pharmaceuticals Corporation. In doing so, the Court went further than it has ever gone before in applying the tort of negligent misrepresentation.

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By Oliver J. Dunford

PLF files another—and hopefully the last—brief against a challenge to the Congressional Review Act

PLF filed a Reply brief in support of its Renewed Motion to Dismiss Center for Biological Diversity v. Zinke, a case that challenges Congress’ use of the Congressional Review Act to overturn a Department of Interior regulation (Refuges Rule) that had severely restricted certain types of hunting in Alaska’s National Wildlife Refuges.

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By Ethan W. Blevins

Can government regulate your subconscious?

If government can strip you of choice just because unconscious bias might influence that choice, its power would have no bounds. But that is precisely what Seattle is doing to its landlords.

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By Damien M. Schiff

Fed Soc teleforum on “the right to a better climate”

Last week's teleforum focused principally on the recent oral argument before the Ninth Circuit addressing the federal government's mandamus petition, which requests that the appellate court put an immediate stop to the litigation.

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By Jonathan Wood

Supreme Court to consider whether Utah can continue to recover the Utah prairie dog

We filed our final brief urging the Supreme Court to hear People for the Ethical Treatment of Property Owners' challenge to an unconstitutional federal regulation that imposes significant harms on Utah property owners and blocks the state's efforts to recover a rare species of rodent.

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By Deborah J. La Fetra

SCOTUSblog symposium on Janus v. AFSCME

Today begins SCOTUSblog's online symposium discussing the case that could free government workers nationwide from being coerced to support public employee unions.

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Video

PLF client JP Krause returns to Fox and Friends (updated with video)

JP, a young leader who won his school election but was disqualified afterwards by school administrators because of a funny campaign speech, found himself the center of attention because he promised (in Trumpian fashion) to “build a wall” between his school and the local rival high school.

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Video

Kaiden Johnson—Teen Dancer Kicked Out of Competition for Being a Boy

Kaiden Johnson loves competitive dance, and he is a valued member of the varsity dance team at Superior High School in Superior, Wisconsin. But the team primarily competes against high schools across the river in Duluth, Minnesota—and the Minnesota State High School League has a “girls only” policy for dance teams.

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Post

By Collin B. Callahan

Video: PLF & NRI’s 4th Annual Supreme Court Preview

Pacific Legal Foundation and National Review Institute were pleased to present the 4th annual Supreme Court preview event to discuss the consequential cases in the 2017-18 Supreme Court term.

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Podcast

Podcast

PLF’s First Amendment battle heads to the U.S. Supreme Court

The Supreme Court announced that it will hear a First Amendment challenge to Minnesota’s sweeping, speech-stifling restrictions on what can be worn while voting. In this week’s episode of PLF’s Courting Liberty podcast, hear from case attorney Wen Fa and client Andy Cilek as they break down the importance and gravity of their fight for free speech.

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Podcast

Seattle decides to continue to violate the First Amendment

In this week’s episode of PLF’s Courting Liberty podcast, hear from case attorney Ethan Blevins about this decision and how First Amendment rights include both the right to speak and the right not to speak.

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Courting Liberty is a weekly look at developments in our high-profile cases, interviews with PLF attorneys & clients, in-depth analysis with policy experts, our “Ask a Lawyer” segment, and everything else PLF. Stay up to date with Pacific Legal Foundation and subscribe to Courting Liberty.

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