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Welcome to the Washington Legal Foundation

Today on The WLF Legal Pulse Blog

High Court Should Not “DIG” Dart Cherokee Basin Case

Dart Cherokee Basin Operating Co. v. Owens, which raises right-of-removal issues under the Class Action Fairness Act (CAFA), is among the more important civil justice cases being heard by the Supreme Court this term. Legal commentators are virtually unanimous in concluding that the trial court adopted an overly restrictive standard governing removal of cases from state to federal court. Yet, as Columbia Law Professor Ronald Mann noted in a recent column for ScotusBlog, questioning during the October 7 oral argument revealed that the Court may be reluctant to decide the case at all. Every question posed to counsel for Petitioner focused on “vehicle” issues, not on the merits of his CAFA arguments. Several justices even suggested that the case might be dismissed as improvidently granted—which would be a terrible mistake.. . . (continue reading here)

Perez v. Mortgage Bankers Ass’n
On October 16, 2014, WLF filed a brief in the U.S. Supreme Court, urging it to require a federal administrative agency, before significantly altering its interpretation of an agency regulation, to provide public notice of its plans and a meaningful...
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FTC v. Wyndham Hotels & Resorts, LLC
On October 14, 2014, WLF asked the U.S. Court of Appeals for the Third Circuit to reverse a district court order refusing to dismiss the FTC’s lawsuit against Wyndham Hotels & Resorts, LLC (“Wyndham”). The lawsuit claims that Wyndham—which itself...
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Anthony v. Georgia Gulf Lake Charles, LLC
On October 10, 2014, WLF filed a brief in the Louisiana Supreme Court, urging it to review (and ultimately overturn) a massive tort award to individuals living in the vicinity of a chemical plant, where there was no valid scientific evidence that...
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Chevron Corp. v. Donziger
On October 8, 2014, WLF filed a brief in the U.S. Court of Appeals for the Second Circuit, urging it to affirm a district court judgment that held attorney Steven Donziger liable under RICO (the Racketeer Influenced and Corrupt Organizations Act)...
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New York High Court Should Keep “Stream of Commerce" Tort Rule
By Mark A. Behrens and Virginia R. Knapp Dorell, attorneys in the Public Policy Group of the law firm Shook, Hardy, & Bacon L.L.P. in its Washington, D.C. office.
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Texas Supreme Court Heightens Evidentiary Bar for “Stigma Damages”
By Mark R. Ter Molen, a partner, and Sarah E. Reynolds, an associate, in the Chicago office of the law firm Mayer Brown LLP.
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FDA’s “Added Sugars” Labeling Mandate Raises First and Fourth Amendment Concerns
By Richard L. Frank, a Founding Principal, and Bruce A. Silverglade, a Principal, with the law firm Olsson Frank Weeda Terman Matz PC.
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September 26, 2014 | 10:00 A.M. - 11:00 A.M. EDT
Aguinda v. Chevron: The Remarkable Rise and Fall of a Stage-Managed Litigation and PR Crusade
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