Amicus Curiae Program

For more than 40 years, the Atlantic Legal Foundation has filed amicus curiae (friend of the court) briefs in key Supreme Court, federal court of appeals, and state appellate court cases involving legal issues that implicate one or more of the Foundation’s core advocacy areas: individual liberty, free enterprise, property rights, limited government, sound science, and school choice.  

The Foundation continuously monitors appellate cases for possible amicus participation, and frequently is requested by litigating parties’ counsel to consider filing an amicus brief. Counsel who wish to request or recommend Atlantic Legal Foundation amicus support in a particular case should complete and submit our Amicus Support Request form.

For additional information about the Amicus Curiae Program, please contact Atlantic Legal Foundation Chairman & President Dan Fisk (danfisk@atlanticlegal.org) or Executive Vice President & General Counsel Larry Ebner (lawrence.ebner@atlanticlegal.org).

The Foundation’s most recent amicus filings are highlighted below. Please click on each case to read more.

ALF Urges Supreme Court To Review Junk Science “Talc” Litigation

       Personal injury lawyers have been filing thousands of lawsuits against Johnson & Johnson, alleging that its cosmetic talc products, such as Johnson’s Baby Powder, contain asbestos and cause ovarian cancer in women. In one of the most highly publicized talc suits, Ingham v. Johnson & Johnson, the notoriously […]

ALF Amicus Brief Argues That Justice Delayed Is Justice Denied

In light of recent Supreme Court precedent, there is a substantial question about whether administrative enforcement proceedings prosecuted by independent regulatory agencies such as the Securities and Exchange Commission(SEC) and the Federal Trade Commission (FTC) before their own  removal-for-cause-only administrative law judges (ALJs) violate the separation of powers, and thus […]

ALF Enters Video Game Battle

Gears of War continues to be among the most popular Xbox “shooter” video game franchises. One of game’s original and recurring characters is Augustus “Cole Train” Cole, a brutal interplanetary “Delta Squad” warrior whose realistic face, voice, and physique closely resemble Lenwood Hamilton, a former professional wrestler. Hamilton filed suit […]

NAM & ALF File Joint Amicus Brief Challenging California Donor Disclosure Requirement

The U.S. Supreme Court has agreed to decide whether a California requirement that charities identify their major donors violates First Amendment rights to freedom of speech and association. This issue potentially has nationwide implications for many types of private nonprofit organizations that advocate collectively on behalf of their supporters or […]

ALF Amicus Brief Argues That Sound Science – Not The “Precautionary Principle” – Belongs In The Courtroom

     The City of Bainbridge Island, Washington, has adopted a state-approved Shoreline Management Program (“SMP”), which requires property owners to set aside vegetation buffers and conservation easements to protect Puget Sound shoreline from the supposed ecological impacts of residential construction, landscaping, and recreational activities. Following an unsuccessful administrative appeal […]

ALF Requests California Supreme Court To “Depublish” Proposition 65 Listing Opinion

On December 17, 2020, Dan Fisk, Chairman and President of the Atlantic Legal Foundation, submitted to the California Supreme Court a letter requesting “depublication” of a California Court of Appeal opinion that rejected an industry challenge to the listing of bisphenol A (“BPA”) as a reproductive toxicant under the California […]

ALF Amicus Brief Urges Supreme Court To Limit Nationwide Class Actions

In Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), the Supreme Court held that for a state court to assert “specific personal jurisdiction” over the claims of out-of-state plaintiffs in a “mass-action” suit, there must be a substantial connection between the nonresident plaintiffs’ claims and […]

ALF Amicus Brief Supports Meaningful Judicial Review of SEC Constitutional Challenge

In light of recent Supreme Court decisions, there is a substantial question about whether SEC administrative enforcement proceedings, conducted by SEC Administrative Law Judges who can be removed only “for cause,” violate the separation of powers. This case asks the Supreme Court to decide whether  a constitutional challenge to the […]

Amicus Curiae Program