Atlantic Legal Foundation is the nation’s preeminent public interest law firm advocating for the admissibility of sound medical and expert testimony in toxic tort, product liability and other litigation. ALF fights the admissibility of “junk” science and fosters the use of sound science principles in judicial and regulatory proceedings. Our amicus briefs on behalf of several Nobel Laureates and numerous other prominent scientists were cited and relied on by the majority in the landmark Daubert trilogy of U.S. Supreme Court cases.
Sound Science Amicus Briefs
ALF Urges Supreme Court To Uphold FDA Enforcement Exclusivity
Sprout Foods, Inc. v. Davidson, et al., No. 24-737 (Supreme Court) (petition)
February 12, 2025
ALF Urges Supreme Court To Reject “Post-Judgment Vertical Forum Shopping”
Hain Celestial Group, Inc. & Whole Foods Market, Inc. v. Sarah Palmquist (24-724) (Supreme Court) (petition)
February 3, 2025
ALF Again Argues That “Drug Price Negotiation Program” Is Unconstitutional
Boehringer Ingelheim Pharmaceuticals, Inc. v. U.S. Dep't of Health & Human Services (24-2092) (2d Cir)
November 12, 2024
ALF Argues New Drug Tort Violates Sound Science & Harms The Public Interest
Gilead Sciences, Inc. v. Superior Court of City & County of San Francisco, (Gilead Tenofovir Cases), No. S283862 (California Supreme Court) (merits))
November 4, 2024
ALF Urges 7th Circuit To Affirm District Court’s Rule 702 “Daubert” Order In Paraquat MDL
In re Paraquat Products Liability Litigation, Nos. 24-1865, 24-1866, 24-1867, 24-1868 (7th Circuit)
October 2, 2024
ALF Amicus Brief Supports Constitutional Challenge To Medicare “Drug Price Negotiation Program”
Bristol Myers Squibb Co. & Janssen Pharmaceuticals, Inc. v. Becerra, Nos. 24-1820 & 24-1821 (3rd Circuit)
July 16, 2024
ALF Urges Supreme Court To Decide Whether Federal Law Precludes Climate Change Damages Suits
Sunoco LP v. City & County of Honolulu (23-947) & Shell PLC v. City & County of Honolulu (23-952) (Supreme Court) (petition)
March 26, 2024
ALF Urges California Supreme Court To Review & Reject Expansive Product Liability Theory
Gilead Sciences, Inc. v. Superior Court of City & County of San Francisco, (Gilead Tenofovir Cases), No. S283862 (California Supreme Court) (petition)
March 4, 2024
ALF Urges Supreme Court To Let Scientific Debate Flourish
Murthy v. Missouri, No. 23-411 (Supreme Court) (merits)
February 7, 2024
ALF Brief Urges Full 11th Circuit To Enforce Federal Preemption of Pesticide Failure-To-Warn Claims
Carson v. Monsanto Company, No. 21-10994 (11th Cir. en banc)
March 16, 2023
ALF Brief Opposes Exclusion of Industry Scientists From Key EPA Advisory Committee
Young v. EPA, No. 22-5305 (D.C. Circuit)
March 1, 2023
ALF Argues That Government Cannot Deputize Social Media To Suppress Free Speech That Questions Science Behind COVID Messaging
Changizi v. Department of Health and Human Services, No. 22-3573 (6th Cir.)
October 31, 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
Amicus Brief Urges Supreme Court To Keep “Junk Science” Away From Juries
3M Company v. Amador, No. 21-1100 (Supreme Court) (petition stage)
March 4, 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 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 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 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 Sound Science – Not The “Precautionary Principle” – Belongs In The Courtroom
Preserve Responsible Shoreline Management v. City of Bainbridge Island, No. 20-787 (Supreme Court) (petition stage)
January 5, 2021
ALF Requests California Supreme Court To “Depublish” Proposition 65 Listing Opinion
American Chemistry Council v. OEHHA (California Supreme Court)
December 17, 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
Semantics Conceal Scientific Testimony Already Declared Inadmissible
Rost v. Ford Motor Company, NO. 309 EAL 2014 (Supreme Court of Pennsylvania Eastern District)
January 19, 2015
Ninth Circuit Allows Unreliable Expert Testimony To Be Presented to Jury
AQM v. City of Pomona
October 14, 2014
A Single Case Report Does Not Prove Toxicological Causation
Strickland v. Union Carbide (California Supreme Court) (letter)
August 15, 2013
Expert Assertions Avoid Summary Judgement in California
Garrett v. Howmedica Osteonics Corp.
May 24, 2013
Unsupported Assertions Do Not Establish Plausibility Of Causation
Howard v. A.W. Chesterton Co., (Supreme Court of Pennsylvania)
December 17, 2012
Admissibility Not Included “In a Light Most Favorable To The Opposing Party”
Marion Liu, etc., et al., v. Superior Court (California Supreme Court) (petition stage)
July 2, 2012
Does Daubert Standard Apply in Class Certification?
Walmart v. Betty Dukes, (Supreme Court) (petition stage)
January 24, 2011
Confounding Variables: Expert Witness Uses Orange Study to Support Argument that Apples are Citric
Georgia Pacific v. Mahoney, (Court of Appeal of the State of California First Appellate District Division One)
May 20, 2009
“But the World Might Explode”: Discredited Environmental Group Recycles Attempt at Judicial Veto of Valuable Research
Sancho v. U.S. Dep’t. of Energy, (9th Cir.)
April 10, 2009
Changing the Rules During Closing Arguments: EPA Abandons Consistency to Raise Conviction Rate
US v. SDGE (9th Cir.)
November 4, 2008
Scientific Standards in Asbestos Trials
Norris v. Crane Co., (Court of Appeal of California, Second Appellate District)
February 3, 2008
Identity Politics: Does the Constitution Prohibit State Voter Identification Measures?
Crawford v. Marion County Election Board, (Supreme Court) (petition stage)
December 10, 2007
Deniable Plausibility
Nonnon v. City of New York, (Court of Appeals State of New York)
April 20, 2007
Massachusetts Tells EPA How to Save the Earth.
Massachusetts v. EPA, (Supreme Court) (No. 05–1120) (petition stage)
October 8, 2006
Daubert: Presence of PCB and Nickel Disproven by Government’s Own Test
Alcan Aluminum v. US, (US) (petition stage)
December 9, 2003
Confusing Standard: Knowledge in Statute of Limitations Tolling
O’Connor v. Boeing, (9th Cir) (petition for rehearing en banc)
January 20, 2003
Daubert Standard: Did Plaintiff Prove that Diesel Exhaust Causes Multiple Myeloma?
Pacific Railroad v. Navarro (Court of Appeals for the Fourth Supreme Judicial District of Texas at San Antonio)
November 25, 2001
Daubert Trilogy pt. 3: Kumho Tire
Kumho Tire Co. v. Carmichael (U.S.) (merits stage)
August 12, 1998
The Landmark Decision of Sound Courtroom Science: Daubert
Daubert v. Merrell Dow Pharma. Co., (Supreme Court) (merits stage)
January 19, 1993