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Tag: certificate of need

October 18, 2017

Georgia Supreme Court Upholds Anti-Competitive Law

On Monday, the Georgia Supreme Court issued its opinion in Women's Surgical Center v. Berry, a case that challenged Georgia's anti-competitive Certificate of Need ("CON") laws. Certificate of Need laws, which PLF has successfully challenged in six other states, force entrepreneurs to prove that there is a "need" for additional services in a market ...

May 25, 2017

Georgia’s Certificate of Need laws harm patients

Usually a medical practice that provides innovative, cost-effective, and relatively less invasive care for patients would be seen as a benefit to the community it serves. But that is not the case in Georgia, where Women's Surgical Center, LLC, has had to fight the state's anti-competitive Certificate of Need ("CON") laws in order to expand ...

April 07, 2017

West Virginia is more free today than it was yesterday

This morning the West Virginia legislature passed a bill repealing their Certificate of Need law, also known as a “Competitor’s Veto” law.  Formerly, anybody who wanted to start a moving business there essentially had to ask their competitors for permission first.  When a budding entrepreneur applied for authority to operate a m ...

March 22, 2017

Op-ed on Nevada's second bite at the free market apple

The Las Vegas Review-Journal has published my op-ed on AB 240, Nevada’s renewed attempt to get rid of its Competitor’s Veto law. As I write in the article: Nevada also passed a repeal bill last term, but Gov. Sandoval vetoed it on the basis of purported safety concerns. Of course, competitor's veto laws have nothing ...

October 23, 2013

Fourth Circuit: don’t bother us with the facts

This morning the Fourth Circuit Court of Appeals decided the case of Colon Health Centers v. Hazel, a case challenging the constitutionality of Virginia's "Certificate of Need" or CON law for clinics that want to buy medical equipment to help screen people for cancer. The trial court had thrown that case out before hearing any ...

August 15, 2013

PLF urges court to end Kentucky's unconstitutional mover cartel

Today, PLF attorneys filed a motion in Kentucky Federal District Court asking Judge Danny Reeves to strike down the Bluegrass States' anti-competition law for moving companies. Representing entrepreneur Raleigh Bruner and his company, Wildcat Moving, we've argued that the state's licensing law for movers violates the Fourteenth Amendment, which for ...

June 26, 2013

Moving-firm law hurts competition

The Lexington Herald-Leader had an editorial yesterday urging Kentucky lawmakers to repeal the state’s anti-competitive licensing law for moving companies, and focusing on our lawsuit on behalf of Raleigh Bruner. Excerpt: Under Kentucky law, anyone may challenge the application and force the newcomer to prove there’s a need for addition ...

June 20, 2013

Tomorrow: PLF urges Nevada federal court to protect the right to earn a living

Note: After a couple calendar changes, Judge Du has now restored this hearing to its original time of Friday, June 21 at 10am in Courtroom 3. Only days after winning an injunction against Kentucky’s anti-competition law for moving companies, PLF attorneys will be heading to the federal courthouse in Reno at 10 tomorrow morning to ...

June 13, 2013

Kentucky federal judge bars state from enforcing its anti-competition law

(PLF attorney Timothy Sandefur (L) and client Raleigh Bruner (R) outside the Federal Court building in Lexington, Ky. yesterday) This afternoon, U.S. District Court Judge Danny Reeves issued an order blocking the state from enforcing its Competitor's Veto law for moving companies, at least until he has the opportunity to decide whether that law is ...

April 09, 2013

Why do Bloomington bureaucrats get to decide when competition is “desirable”?

Bloomington, Illinois, is a city of about 78,000 people, and home to Illinois State University. Sometimes, Illinois State students go out to parties where they drink too much to drive safely, and they need rides home. Many of these students, particularly female students, feel uncomfortable using buses or taxis; they'd prefer a cleaner, more comfort ...