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Tag: arbitration clauses

December 10, 2015

Florida sunshine in New Jersey for the holidays

The PLF Atlantic Center does not slow down for the holidays. In just the last few weeks, we have filed briefs in the North Carolina Supreme Court, a Florida appellate court, argued a case before the New Jersey Supreme Court, and won an administrative case against the Florida Fish & Wildlife Commission. You can click ...

June 03, 2015

Putting the “Supreme” in Supremacy Clause

In 2011, the U.S. Supreme Court decided in AT&T Mobility v. Concepcion that California's Discover Bank rule, which essentially forbade class-action waivers in consumer arbitration contracts, was preempted by the Federal Arbitration Act. Specifically, Concepcion concludes: “Because it ‘stands as an obstacle to the accomplishment and exec ...

September 27, 2014

President's weekly report — September 26, 2014

Property Rights — Suction Dredge Ban Undermined The California Court of Appeal has issued a decision that seriously undermines California's ban on suction dredge mining. Adopting the argument of our amicus brief, the Court held that a state ban forbidding all commercially beneficial use of a federal mining claim is preempted by federal mining ...

September 13, 2013

President's weekly report — September 13, 2013

Individual Rights — Health Care The court has established a briefing schedule in Sissel v. United States Department of Health & Human Services,  our Obamacare litigation where we are challenging the tax as a violation of the Origination Clause of the constitution.  The drafters of the constitution didn’t think it was a good idea f ...

September 28, 2012

President's Weekly Update — September 28, 2012

It’s been another busy week.  Let’s jump right to the cases. Economic Liberty Project — Freedom of Contract We filed our amicus brief in Sanchez v. Valencia Holdings in the California Supreme Court. In this case, Mr. Gil Sanchez claims to have not read an arbitration clause in his sales contract when he purchased a ...