Articles

Weekly litigation report — September 2, 2017

September 02, 2017 | By JAMES BURLING

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss? … ...

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Weekly litigation report — June 3, 2017

June 03, 2017 | By JAMES BURLING

PLF asks Supreme Court to protect free speech San Francisco loses again in case over extortionate demands on property owners Sixth Circuit holds that victims of federal takings do not enjoy the right to a jury California Supreme Court hears case that could eviscerate Proposition 13 Farming “mini-mountains” case proceeds PLF asks Supreme ...

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Weekly litigation report — May 20, 2017

May 20, 2017 | By JAMES BURLING

Amicus brief filed for contractor long frozen out of contracts Settlement reached in mobile home park case Cap and trade appealed Prairie dog ruling petition to the 10th Circuit Reply filed in Kinderace petition to Supreme Court Affirmative action case goes back to district court Amicus brief filed for contractor long frozen out of contracts ̷ ...

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PLF appeals cap and trade auction ruling to California Supreme Court

May 17, 2017 | By TONY FRANCOIS

Yesterday, on behalf of our clients in Morning Star Packing Company v. California Air Resources Board, we filed our Petition for Review in the California Supreme Court, asking the state high court to review and reverse the court of appeal’s decision that the billions of dollars that companies like Morning Star Packing Co must pay … ...

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Weekly litigation report — April 15, 2017

April 15, 2017 | By JAMES BURLING

Opposition to Assembly Bill that would gut protections for coastal homeowners Golden parakeet should fly off endangered species list Taxpayer victory in San Diego over union objections Notice of appeal filed in cap-and-trade case Public trust case goes to the Indiana Supreme Court Opposing government-sanctioned trespass in Florida Florida Supreme C ...

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PLF to appeal emissions tax ruling to state Supreme Court

April 14, 2017 | By TONY FRANCOIS

PLF announced today that, on behalf of Morning Star Packing Company, the National Tax Limitation Committee, and several other clients, it will ask the California Supreme Court to review the decision of the court of appeal, that the billions of dollars which the California Air Resources Board is collecting, by auctioning off greenhouse gas emissions ...

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California court of appeal redefines taxes to evade Prop 13

April 06, 2017 | By TONY FRANCOIS

Today the California Court of Appeal issued this disappointing ruling in Morning Star Packing Co. v. California Air Resources Board. Our clients are challenging the state’s greenhouse gas emissions allowance auction under Proposition 13, which requires a supermajority vote for new taxes. We are profoundly disappointed that a majority of the C ...

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PLF will present oral argument next tuesday in California energy tax case

January 20, 2017 | By TONY FRANCOIS

Next Tuesday I will be arguing on behalf of Morning Star Packing Co., the National Tax Limitation Committee, and several other clients in PLF’s challenge to California’s unconstitutional auction of air emissions permits. This case will determine whether California can continue raising billions in illegal taxes by auctioning off permits ...

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Weekly litigation report — November 12, 2016

November 12, 2016 | By JAMES BURLING

School choice in Montana Discrimination in government contracting Waters of the United States School choice in Montana We filed this reply brief in Armstrong v. Kadas, our challenge to the Montana Department of Revenue’s attempt to undercut a voter initiative to establish tax credits to be used to help parents send their children to schools ...