Minnesota Assoc. Builders and Contractors v. Minneapolis Public School District
With 75 buildings and 35,000 students, there’s plenty of construction work in the Minneapolis School District. But many hardworking Minnesotans never get a shot at a school project. In 2004, the district adopted a project labor agreement, or PLA, that favors politically powerful unions over nonunion contractors. This type of agreement forces ...
D.M. & Z.G. v. Minnesota State High School League
When 16-year-old Dmitri Moua discovered dancing, he found a new way to be a part of a team and build his self-confidence. But when he wanted to join his high school’s competitive dance team, he was denied because he is a boy. Dmitri’s school is in the Minnesota State High School League—whose bylaws declare competitive dance a “g ...
Taylor v. Polhill, et al
In Florida, you need a license to sell hearing aids. Dan Taylor of Melbourne, Florida, gave up his license after 30 years, because Florida’s outdated regulations were made for older models, not the updated, technologically sophisticated models he and his customers prefer. In a federal lawsuit on behalf of Dan, PLF argues that Florida’s ...
Chef Geoff’s v. The Virginia Alcoholic Beverage Control Authority
Award-winning restaurateur Chef Geoff Tracy owns three restaurants in Washington, D.C., Maryland, and Virginia. Only Virginia, however, restricts the way Chef Geoff advertises happy hour specials. While state law allows businesses to offer happy hour, it bans advertising happy hour prices, as well as the use of any terms other than “happy hou ...
Nemhauser v. City of Mount Dora
What started as artistic expression in Mount Dora, Florida, escalated into a bureaucratic nightmare for Nancy Nemhauser and Lubomir Jastrzebski. When the couple painted a van Gogh-style “The Starry Night” mural on a wall outside their house, the city declared the art “graffiti” because it didn’t match the color of the ...
Vaping Litigation
Electronic nicotine delivery systems—vaping devices and e-cigarettes—first hit U.S. stores in 2007. It didn’t take long for vaping to jump from zero to a $5 billion domestic industry, as entrepreneurs quickly recognized a market hungry for an alternative to traditional cigarettes. In 2016, just as the burgeoning vaping industry was gettin ...
K.J. v. Minnesota State High School League
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. … ...
Book Passage v. Becerra
In the wake of a First Amendment challenge by Bay Area book seller Bill Petrocelli and his renowned store, Book Passage, California has rescinded the state’s onerous “certificate of authenticity” requirement for the sale of autographed books. The regulation would have made it extremely risky, if not impossible, for stores to sell ...
Minerva Dairy v. Brancel
Minerva Dairy, and its President, Adam Mueller, are challenging a Wisconsin law that prevents butter makers from outside the state from selling their products in Wisconsin unless they go through an arduous and costly process of getting their butter “graded.” Grading has nothing to do with quality or safety; it is graded by taste, as det ...
Fontenot v. Hunter, Attorney General of Oklahoma
Peggy Fontenot is an award-winning American Indian photographer and artist, specializing in hand-made beaded jewelry and cultural items. A member of Virginia’s Patawomeck tribe, she has made her living for 30 years traveling the country to show and sell her American Indian art. She regularly participated in Oklahoma art festivals until local, ...
Associated Builders and Contractors-California Cooperation Committee v. Becerra
California law requires contractors on public projects to pay employees the “prevailing wage” (generally equal to a union wage) through a combination of cash wages and other benefits, including making donations to “industry advancement” advocacy organizations. A new law allows only pro-union organizations to receive such don ...
Niang v. Carroll
Missouri law requires African-style hair braiders to be licensed as a cosmetologist or barber. To obtain such a license, an applicant must pass a background check, undergo thousands of hours of training (costing thousands of dollars to attend special schools), and pass an exam. Neither the cosmetology nor barbering curricula teach African-style hai ...
T.H. v. Novartis Pharmaceuticals Corporation
In 2007, the expectant mother of twins used a generic form of an asthma medication for the off-label purpose of preventing pre-term labor. Novartis was the former manufacturer of the brand-name version of the medication until it sold its rights to the product in 2001. The twins were diagnosed with autism in 2012, allegedly tied to the medication. T ...
Siena Corporation v. Mayor and City Council of Rockville, Maryland
Siena Corporation wanted to build a self-storage facility in Rockville, Maryland, but was thwarted when the city, at the behest of NIMBY neighbors, adopted a last-minute zoning change preventing the project. Siena sued but the district court upheld the zoning change as a “rational” exercise of the city’s police power. Siena appeal ...
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