Atlantic Legal Foundation strongly supports free enterprise. It not only is the engine that propels the nation’s economic well being, but also advances American society and our quality of life through technological innovation. For free enterprise to flourish, universities must train professionals of all types; the private sector must hire, and provide economic incentives for, individuals at all levels of the American workforce; businesses must be allowed to operate without oppressive and unnecessary regulation; and intellectual property must be protected from foreign and domestic theft.

Free Enterprise Amicus Briefs

ALF Brief Argues Federal Law Preempts California Ban On Sale Of USDA-Approved Poultry Product

Association des Éleveurs de Canards et d’Oies du Quebec v. Bonta, No. 22-472 (Supreme Court) (petition stage)

December 9, 2022

ALF Urges Supreme Court To Overrule Century-Old Precedent On General Personal Jurisdiction Over Corporate Defendants

Mallory v. Norfolk Southern Railway Co., No. 21-1168 (Supreme Court) (merits stage)

August 29, 2022

ALF & DRI Argue That Damages Suits Involving the “Global Tort” of Causing Climate Change Belong in Federal, Not State, Court

Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County, No. 21-1550 (Supreme Court ) (petition stage)

July 7, 2022

ALF Argues SEC Lacks Expertise To Rule On Its Own Constitutionality

Securities and Exchange Commission v. Cochran, No. 21-1239 (Supreme Court) (merits stage)

July 5, 2022

ALF Argues “Justice Delayed Is Justice Denied” In FTC Constitutional Challenge

Axon Enterprise, Inc. v. Federal Trade Commission, No. 21-86 (merits stage)

May 16, 2022

ALF Challenges California Supreme Court Rule Blocking Arbitration Agreement Enforcement

Viking River Cruises, Inc. v. Moriana, No. 20-1573 (Supreme Court) (merits stage)

February 5, 2022

ALF Brief Argues That Covid-19 Negligence Suits Belong—If Anywhere—In Federal, Not State, Courts

Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, No. 21-2164-cv (Second Circuit)

December 28, 2021

ALF Urges Supreme Court To Enforce Individualized Arbitration Of California Employment Disputes

Coverall North America, Inc. v. Rivas, No. 21-268 (Supreme Court) (petition stage)

November 17, 2021

ALF Presses Supreme Court To Scrutinize Selective Exclusion Of Journalists From Government Briefings

John K. MacIver Institute for Public Policy, Inc. v. Tony Evers, Governor of Wisconsin, No. 21-388 (Supreme Court) (petition stage)

October 11, 2021

ALF Supports California Supreme Court Review Of Roundup Product Liability Case

Pilliod v. Monsanto Co., No. S270957 (California Supreme Court) (petition stage)

October 11, 2021

ALF/DRI Brief Argues That Constitution’s Supremacy Clause Directly Bars Talcum Powder “Consumer Protection” Suit

Johnson & Johnson v. Mississippi, ex rel. Lynn Fitch, Attorney General of Mississippi, No. 21-348 (Supreme Court) (petition stage)

September 24, 2021

ALF Amicus Brief Argues That Courts, Not Bureaucrats, Should Interpret Federal Regulations

AMN Services, LLC v. Clarke No. 21-296 (Supreme Court) (petition stage)

September 13, 2021

ALF Urges Supreme Court To Clarify Federal Preemption Of Pesticide Failure-To-Warn Suits

Monsanto Co. v. Hardeman, No. 21-241 (Supreme Court) (petition stage)

September 1, 2021

ALF Brief Supports Supreme Court Review of “Justice Delayed is Justice Denied” Appeal

Axon Enterprise, Inc. v. Federal Trade Commission, No. 21-86 (Supreme Court) (petition stage)

August 17, 2021

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

Johnson & Johnson v. Ingham, No. 20-1223 (Supreme Court) (petition stage)

April 5, 2021

ALF Amicus Brief Argues That Justice Delayed Is Justice Denied

Axon Enterprise, Inc. v. Federal Trade Commission, No. 20-15662 (Ninth Circuit)

March 17, 2021

ALF Amicus Brief Argues That Climate Change Tort Suits Belong – If Anywhere – In Federal, Not State, Courts

BP, p.l.c. v. Mayor and City Council of Baltimore, No. 19-1189 (Supreme Court) (merits stage)

November 18, 2020

ALF Amicus Brief Urges Supreme Court To Limit Nationwide Class Actions

IQVIA, Inc. v. Mussat, No. 20-510 (Supreme Court) (petition stage)

November 4, 2020

ALF Amicus Brief Supports Meaningful Judicial Review of SEC Constitutional Challenge

Gibson v. Securities and Exchange Comm’n, No. 20-276 (Supreme Court) (petition stage)

October 1, 2020

ALF Amicus Letter Explains That Federal Law Preempts Roundup® Product Liability Suit

Johnson v. Monsanto Co., No. S264158 (California Supreme Court) (petition stage)

September 10, 2020

Alternative Procedure Preempted By The FAA

Oto, L.L.C. v. Ken Kho, No. 19-875 (Supreme Court) (petition stage)

February 13, 2020

Does the FAA Preempt California’s Judicial Hostility Towards Arbitration Agreements?

Winston & Strawn LLP v. Ramos, No.18-1437 (Supreme Court) (petition stage)

June 17, 2019

“Wholly Groundless” Authority: Can a Circuit Court Rewrite The FAA?

Henry Schein, Inc. v. Archer & White Sales, No. 17-1272 (Supreme Court) (petition stage)

August 21, 2018

Anticompetitive Takings: Will The Supreme Court Revisit Kelo?

Violet Dock Port, Inc., LLC, v. St. Bernard Port, No. 17-1656 (Supreme Court) (petition stage)

July 11, 2018

Under What Level Of Scrutiny Is Compelled Commercial Speech Reviewed?

CTIA – The Wireless Association v. Berkeley, No. 17-976 (Supreme Court) (petition stage)

February 8, 2018

Bypassing Procedure: Should DOJ Promulgate Website Regulations Through Litigation?

Robles v. Domino’s Pizza, LLC, No. 17-55504 (Court of Appeals for the Ninth Circuit)

December 27, 2017

Continuous Acts: Circuit Court Split On Limitations Period Of Clayton Act

Ferrellgas v. Morgan-Larson, No. 17-441 (Supreme Court) (petition stage)

October 23, 2017

Severing The FAA: California Courts Maintain Separate Rules For Arbitration Agreements

MHN Government Services, Inc., v. Zaborowski, No. 14-1458 (Supreme Court) (petition stage)

July 10, 2015

A Tortured Interpretation: California Continues to Obstruct Arbitration Agreements

DIRECTTV, Inc., v. Imburgia, No. 14-462 (Supreme Court) (petition stage)

June 5, 2015

Predominance Requirement: Must Plaintiffs Produce Evidence of Class-Wide Harm For Certification?

Carpenter Co., v. Ace Foam, Inc., No. 14-577 (Supreme Court) (petition stage)

December 19, 2014

Freight Brokers Vicariously Liable For Carrier Negligence: California Trial Court Creates New Public Policy

KAM-WAY Transportation v. Superior Court (Chavez), No. 220283 (California Supreme Court)

August 16, 2014

Economic Substance Rule: District Court Rewrites Tax Code

American International Group, INC., v. United States of America, No. 14-0765-cv (Second Circuit)

July 7, 2014

Disparate Treatment vs Disparate Impact: Should a Clause Intended To Ban Racial Discrimination Be Interpreted To Encourage It?

Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc., No. 13-1371 (Supreme Court) (petition stage)

June 16, 2014

Circuit Court Advances Policy Based Rationale Contradicting Supreme Court On Class Action Arbitration

American Express v. Italian Colors Restaurant (Supreme Court) (petition stage)

December 28, 2012

Does ERISA’s Plain Language Exclude Cost-of-Living Adjustments From Accrued Benefits?

Rohm and Haas Pension Plan v. Williams (U.S.) (petition stage)

February 8, 2008

Banning Foie Gras and the Commerce Clause

Illinois Restaurant Association v. City of Chicago, (7th Cir.)

December 14, 2007

Underpaying Judges: Bad for Business

Larabee v. Governor of the State of New York, (Ct. App. N.Y.)

February 15, 2007

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