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Jackson v. Napolitano

California law keeps workers ignorant of their constitutional rights

Last year, the Supreme Court emphasized in Janus v. AFSCME that public employees have a First Amendment right to refuse to pay a union, and “must choose to support the union before anything is taken from them.” Before the state can authorize a union to deduct dues payments from employee paychecks, workers must give their clear permissio ...

Ostrewich v. Trautman

Your shirt or your vote: Fighting to protect free speech at the ballot box

When Jillian Ostrewich entered her Houston, Texas, polling place in 2018, she expected the only decisions she’d face would be on the ballot. Instead, an election judge gave her an ultimatum: turn her shirt inside out or forfeit her vote. Similarly, in 2018, a Dallas-area election judge ordered Tony Ortiz to turn his “MAGA” hat ins ...

Rentberry v. City of Seattle

Seattle’s unconstitutional rent-bidding law blocks innovation, free speech

Rentberry is a small San Francisco-based startup that connects landlords and renters through a rent-bidding website. The company hopes to expand its service to Seattle, however city council adopted a one-year moratorium on the service over concerns it might violate existing rental law and might inflate housing costs—despite no evidence that eithe ...

Minnesota Voters Alliance v. Mansky

Victory for Free Speech! U.S. Supreme Court ruling protects political self-expression

The U.S. Supreme Court struck down a polling-place dress code in Minnesota, upholding free speech rights across the nation and protecting the right of Americans to peacefully express their political views at the polls. PLF represented Minnesota voters, including Andy Cilek, who showed up at his polling place wearing a t-shirt that read “Don& ...

Kunath v. City of Seattle

Seattle imposes arbitrary and unconstitutional tax on achievement

The Washington State Constitution prohibits the government from levying an income tax on targeted segments of the population; any income tax must be uniformly applied to all citizens. Nonetheless, Seattle enacted an income tax targeting those making in excess of $250,000 per year with a 2.25% tax rate, setting a 0% rate for everyone else. Promoted ...

Hill v. Service Employees International Union

Liberating workers from compulsory unionism

The Illinois Public Labor Relations Act deems home healthcare and childcare providers who receive state subsidies to be “public employees” and requires a union to be the providers’ exclusive representative for bargaining with (e.g., lobbying) the state over regulations and policies related to the state care-services programs. Plai ...

Janus v. American Federation of State, County & Municipal Employees, Council 31

Forced subsidization of unions violates First Amendment

The Illinois Public Labor Relations Act authorized public employee unions to collect “fair share” or “agency shop” fees from nonmember employees. Allowed under the 1977 Supreme Court decision in Abood v. Detroit Board of Education, the Illinois law allowed the AFSCME union to steal $535 per year from Mark Janus and every non ...

616 Croft Ave., LLC v. City of West Hollywood, California

In West Hollywood, new homes = government license to steal

Shelah and Jonathan Lehrer-Graiwer became victims of government extortion in West Hollywood, California over new condos. A city ordinance purports to address an affordable housing problem by demanding builders either sell a percentage of new homes at below-market rates or pay hefty “affordable housing” fees. Our clients were squeezed fo ...

T.H. v. Novartis Pharmaceuticals Corporation

Causation, and not deep pockets, should dictate liability

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 ...

Garrett v. City of New Orleans

New Orleans takes a wrecking ball to a couple’s constitutional rights

David and Lourdes Garrett had ambitious plans to renovate a dilapidated townhouse that they bought from the city of New Orleans. But their dream turned into a nightmare when—barely four months after they purchased the building—the city suddenly sent a wrecking crew and demolished it. The Garretts were stunned. They received no notice, no hearin ...

Epic Systems, Inc. v. Lewis

Victory! Supreme Court rules for freedom of contract

Under its terms of employment, Epic Systems, Inc. required that employees agree to handle any workplace dispute individually. This meant waiving any future class-action or collective arbitration—a freedom of contract protected by the Federal Arbitration Act (FAA). Lower courts disagreed, saying the company’s one-on-one arbitration agreement ...

ConAgra Grocery Products v. California

Long-outlawed lead paint is not a public nuisance

The State of California brought a lawsuit in 2000 to abate the alleged public nuisance caused by five companies’ manufacture and sale of lead paint at a time when lead paint was legal. The trial court found three of the companies to be liable for creating a public nuisance and ordered them to pay over a billion dollars into an abatement fund. ...

Levin v. City and County of San Francisco

San Francisco will pay for assault on landlords’ property rights

Dan and Maria Levin live in the upstairs unit of their two-story home in San Francisco, California. They would like to use the lower unit for friends and family, but a city ordinance required them to pay their tenant $118,000 to withdraw the unit from the rental market. This amount represents the difference between the tenant’s existing, rent ...

Biggs v. Betlatch

Voters demand supermajority approval for tax increases

A bare majority of the Arizona state legislature passed a law requiring the director of the state Health Care Cost Containment System – which governs the state Medicaid program – to levy an “assessment” on hospitals to pay for Medicaid expansion. Legislators who opposed the law sued to invalidate it on the grounds that the bill crea ...

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