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Tag: con law

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 ...

April 02, 2015

Montana tries to get our Competitor's Veto lawsuit kicked out of court

Today we asked a Federal court not to throw out our case challenging Montana’s Competitor’s Veto law.  Our client, Tracie Pabst, has owned shuttle companies in Montana, North Dakota, New Mexico, and Texas, and has provided service to over 170,000 passengers without a single accident or moving violation.  Now she wants to open a taxi ...

January 08, 2015

Ringing in the new year with news of court victories for liberty

The new year has brought news of victories for liberty across the fruited plain. Earlier this week, the Weston (Ct.) Forum reported on a five-million dollar jury verdict in favor of a property owner and against the town of Weston for illegally preventing that property owner from developing its property. This property-rights case, like PLF’s ...

February 07, 2014

Milwaukee opens the road (slightly) for free enterprise

Good news from the Dairy State: the City of Milwaukee has decided to drop its appeal of a lower court decision holding the city’s regulation of taxicab permits unconstitutional. You’ll recall that we filed a friend of the court brief in that lawsuit, which was brought by our allies at the Institute for Justice, arguing ...

December 06, 2013

Stossel features PLF client Raleigh Bruner

If you missed John Stossel’s special “War on The Little Guy”–which features PLF’s lawsuit on behalf of Kentucky entrepreneur Raleigh Bruner–it’ll air again Sunday at 10pm and Monday at 1am on Fox News Channel. ...

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 27, 2013

Court throws out Maurice Underwood’s case—PLF will fight on for the right to earn a living

I'm saddened to report that a federal judge in Reno yesterday dismissed Maurice Underwood's lawsuit challenging the constitutionality of Nevada's licensing law for moving companies. That law—the most anti-competitive licensing law in the country—requires any person who wants to run a moving company to first prove that he or she wouldn't compete ...

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 ...

May 30, 2013

How government stifles our innovators

Last month, I gave the David Saurman Provocative Lecture at San Jose State University, about how licensing restrictions, and particularly CON laws, bar innovation and entrepreneurship. I focused in particular on my recent litigation against Missouri’s licensing law. You can watch my talk here. (I can’t link it directly, so you’ll ...