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Tag: amicus

April 26, 2017

Pushing back (again) against EPA overreach

This week, Pacific Legal Foundation, along with the Competitive Enterprise Institute (CEI), and the NFIB Small Business Legal Center, filed an amicus brief at the Supreme Court of the United States asking the Court to grant review of another example of federal regulators run amok. In American Municipal Power, Inc. v. U.S. EPA, we ask the ...

August 18, 2015

Class actions v. due process

In a case that will be heard next term, the Supreme Court will have to decide the limits of class action litigation.  In our amicus brief brief, PLF urges the Court to scrutinize those limits closely. In Bouaphakeo v. Tyson Foods, a group of plaintiffs sued Tyson Foods for purportedly failing to pay them for ...

July 11, 2014

PLF opposes fishy federal prosecution

This week, Pacific Legal Foundation filed a friend of the court brief at the Supreme Court of the United States on behalf of a Florida fisherman named John Yates.  Mr. Yates, a grandfather and commercial fishing boat captain for hire, found himself reeled in by a federal government in an overzealous prosecution.  The government took ...

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 ...

November 20, 2012

Protecting property owners from governmental misdeeds

Friday, Pacific Legal Foundation filed an amicus brief with a Florida appellate court in a shocking case of local government gone awry: The Town of Ponce Inlet v. Pacetta, LLC. According to the trial court, the Town Council broke its promises of fair dealing, instead tying the hands of developers who had already invested millions and started ...

October 03, 2012

Birnbaum gets support from friends of the court

While we wait for the Supreme Court of Washington to decide whether it will review Birnbaum v. Pierce County, I thought it might be nice to give some attention to two amicus briefs that were filed in support of our petition for review.  As a refresher, here’s the issue in the case as I described ...

May 13, 2010

Government's noxious nuisance defense defeated after citrus trees destroyed

Author: Jim Burling A Florida Court of Appeals held on Wednesday, in Department of Agriculture & Consumer Services v. Toby Borgoff, that the deliberate destruction of over 100,000 healthy citrus trees constituted a compensable taking. The trees had been destroyed because other nearby trees were infected with citrus canker – a disease that dis ...