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Tag: amicus brief

October 25, 2018

PLF urges SCOTUS review of Hurricane Katrina flooding case

By any measure, Hurricane Katrina was a disastrous natural catastrophe. But for many landowners in St. Bernard Parish, what might have been a damaging but survivable storm was transformed into total devastation by a series of government actions and omissions stretching back decades. Last week, we filed this amicus brief asking the Supreme Court to ...

July 21, 2016

Federal supremacy protects miners' rights

PLF and Western Mining Alliance have filed an amicus brief in the Ninth Circuit case Bohmker v. Oregon. In the brief, we argue that federal mining policy preempts Oregon's ban on a federally-approved and encouraged mining practice. Part of having a federalist system of government is deciding which level of government gets final say when ...

May 26, 2015

No injury = no tort remedy

this blog post co-authored by Deborah J. La Fetra. Traditionally, tort law compensates those injured by the fault of others.That is, a plaintiff cannot successfully sue a defendant because he could have suffered an injury but did not. Likewise, the plaintiff cannot successfully sue if he might suffer an injury in the future. These speculative har ...

October 15, 2014

Should abstract justice displace contract law?

The Texas Supreme Court is currently considering one of the most important contract cases in recent years. In Plains v. Torch (our shortened name, for the sake of convenience), two oil companies dispute the rightful owner of a 43 million dollar award that one of the parties (Plains) obtained from the federal government. Both parties ...

May 30, 2014

Will the Florida Supreme Court rewrite the law, or leave that job to the legislature?

An Automatic External Defribrillator (AED) is a portable device that checks the heart rhythm. If needed, it can send an electric shock to the heart to try to restore a normal rhythm. AEDs are used to treat sudden cardiac arrest (SCA) and Florida law, like many states, mandates that public schools have them on site to treat individuals suffering ...

April 18, 2014

PLF asks US Supreme Court to hear broadcasters out

For years, FCC has prohibited public broadcasters from showing paid advertisements by for-profit entities or political candidates.  So when Minority TV—a non-profit channel out of San Francisco—aired advertisements for Korean Air, Gingko Biloba Tea, and the like, FCC scrambled to silence them (and fine them $10,000.)  Minority TV sought refug ...

October 03, 2011

Significant amicus support in Sackett v. EPA

Author:  Damien M. Schiff Last week, we received nearly a dozen amicus briefs supporting the Sacketts in their Supreme Court fight against EPA.  The briefs were submitted on behalf of a wide array of public and private entitites (in no particular order):  the American Civil Rights Union; American Farm Bureau Federation, National C ...