Maybe Cops Should Be 'Pulling Back'
Abolishing qualified immunity is a crucial step in holding police accountable for violating our rights.
Litigation
The Attorney General's Overblown Fears About Scrapping Qualified Immunity
It's not likely to have the chilling effect he expects. Unfortunately, it might not do as much as criminal justice reformers expect either.
Ohio Judge Deems the State's COVID-19 Lockdown 'Arbitrary, Unreasonable, and Oppressive'
The ruling says the state's top health official exceeded her statutory authority by ordering "nonessential" businesses to close.
Lockdown Lawsuits Ask How Long a Public Health Emergency Can Last
An Illinois resident obtained a TRO by citing a 30-day limit, while a New Hampshire hair salon owner says the goal of her state's lockdown has been achieved.
Court Rejects Motion to Seal Litigation Finance Agreements
"The public may well have an interest in how litigation is funded by third parties," the judge concludes. A law firm and two litigation finance companies are disputing (among other things) whether the litigation finance agreements are illegally usurious.
SCOTUS Declines To Intervene in Lawsuit Blaming Gun Maker for Sandy Hook Massacre
The plaintiffs now have to prove that Remington's advertising was not only "unfair or deceptive" but "a proximate cause" of the attack.
The False Premises of the Ruling Against Johnson & Johnson
Blaming opioid makers for the "opioid crisis" may be emotionally satisfying, but the reality is more complicated.
The Oklahoma Ruling Against Johnson & Johnson Hinges on a Sweeping Definition of 'Public Nuisance'
Can legal sales of prescription opioids constitute a nuisance? Two decisions, based on nearly identical statutes, reach diametrically opposed conclusions.
Relying on the Same Illogic That Trump Used to Ban Bump Stocks, a New Lawsuit Argues That Customizable Rifles Are Illegal
The plaintiffs say manufacturers broke the law by producing rifles that were compatible with accessories that facilitate rapid firing.
Bayer to Waste $5.6 Billion Trying to Appease Anti-Pesticide Activists
This will fail and more pressing problems will be neglected
Lawsuit Against Suppliers of the Rifle Used in the Sandy Hook Massacre Will Proceed
The Connecticut Supreme Court rejects an absurdly broad definition of "negligent entrustment" but allows a claim based on "unfair trading practices."
Verdict for Marijuana Grower May Reduce Threat of Ruinous RICO Liability
A Colorado jury rejected claims that an indoor cultivation facility had injured the owners of a neighboring horse ranch.
City Threatens to Sue Online Gadfly for Complaining About Bad Smells
A web developer's First Amendment lawsuit says Sibley, Iowa, officials conspired to silence him.
Judges Not Eating Up Class-Action Food Lawsuits
Lawyers look to cash in for the silliest of reasons.
Court Kills Most of Idaho's Law Against Secret Farm Recordings
A likely-fatal blow to to the state's censorious "ag gag" law
States Partner to Sue Massachusetts, California Over Costly Livestock Bans
Two states attempt to dictate how farmers outside their boundaries treat their animals.
Florida Appeals Court Upholds City's Veggie-Garden Ban
A court says a city can squash your property rights because it thinks vegetables are ugly.
The Ninth Circuit's Foie Gras Blunder
A federal appeals court raises California's unconstitutional ban from the dead.
Bikini Barista Lawsuit Defends Freedom to Espresso Oneself
A group of coffee industry workers sues Everett, Wash. over city's new anti-bikini ordinances.
Too Many Calories in Your Candy? That's a Lawsuit!
Legal threats over food marketing appear to be on the rise. But who really benefits?
New York City Sued Over Unconstitutional Menu-Labeling Law
A handful of food-industry groups say an equally bad federal law takes precedence.
Momentum Building to Cast Off USDA Checkoff Marketing Programs
Two lawsuits and action in Congress indicate wasteful, unconstitutional mandates may be on their way out.
Philando Castile's Mother to Get $3 Million From City That Hired Cop Who Killed Him
Do settlement amounts reflect police culpability in deaths?
Are Terrible State Alcohol Laws on the Way Out?
A South Carolina Supreme Court decision rejects rules based on economic protectionism.
10th Circuit Allows RICO Suits Against State-Licensed Pot Suppliers
But the appeals court rejected claims against state and local officials who regulate marijuana businesses.
Ninth Circuit Should Strike Down Idaho's 'Ag-Gag' Appeal
The court should uphold a lower-court ruling suppressing the unconstitutional (and unconscionable) law.
Will the New York Times' Labor Reporting Ever Get the Facts Straight?
After an embarrassing correction, the paper mangles the details again.
KittenFeed Hoax Shows the Perils of Expecting Trump to Act Like Trump
A story about a teenager who was bullied by the president for creating a website that mocked him was not true, but it was sadly plausible.
Dr. Oz Rebuffs First Amendment Challenge by Olive Oil Industry
Do you love the First Amendment but detest Dr. Oz? Read on.
Google, Facebook, Twitter Sued for Allegedly Helping ISIS Inspire Orlando Pulse Nightclub Killer Omar Mateen
Google's ad model also targeted by suit, which tries to hold the communications entities responsible for how its users use them.
Tomato Growers Lose Millions Thanks to False FDA Warning, Courts' Failure to Act
What happens when a food's link to salmonella is proven false? Nothing.
Trump's Problem With Free Speech
The billionaire bully chafes at the restrictions imposed by the First Amendment.
Can Egg Producers Recover from November's Great Fall?
Large farms have been stung by two recent setbacks. What's next?
Trump Campaign Manager Suggests the President-Elect Could Sue Harry Reid for Libel
Kellyanne Conway says Trump's critics should be "very careful" about dissing him "in a legal sense."
ABA Rejects Report on Trump's Frivolous Lawsuits, Fearing a Frivolous Lawsuit
The episode underscores the author's point about the speech-chilling impact of SLAPPs by thin-skinned rich people.
The USDA's Synthetic Oversight of Organic Food
As an ongoing lawsuit makes clear, the regulations are a joke. How do we fix them?
Judge Rejects Lawsuit Blaming Gun Sellers for Sandy Hook Massacre
The case founders on its extravagant definition of negligent entrustment.
When It Comes to Unauthorized Pawing, Does Trump Have a Reputation to Damage?
Responding to the candidate's lawsuit threat, The New York Times says its story had no effect on a reputation he created for himself.
Chicago's Awful Crackdown on Food Trucks
A pair of orchestrated hit pieces from media outlets has spurred the city to hand out massive fines.
Hulk Hogan's Gawker Smackdown Hurts Press Freedom
Peter Thiel's funding of speech-chilling privacy litigation is totally misguided, people.
FDA Says Nicotine-Free E-Liquids Are Tobacco Products in 'Certain Circumstances'
Manufacturers will have to guess which circumstances those are, because the FDA won't say.
Peter Thiel's Free-Floating Right to Privacy Is Inconsistent With Freedom of Speech
The Paypal billionaire, a self-described libertarian, thinks the threat of financial ruin will improve journalism.
Monster Win Is Good For Energy Drink Makers and Consumers
Is the foolish campaign against energy drinks fizzling out?
Woman Kidnapped and Sexually Assaulted by Drug Warriors Gets $1.6 Million
After a dog supposedly alerted to her at a border crossing, she endured six hours of fruitless body cavity searches.
Unless a Federal Court Acts Fast, Vermont's GMO Labeling Law Will Wreak Havoc on the Nation's Food Supply Next Week
It's set to take effect next week and will cost food companies for no good reason.
Hillary's Habits of Haughtiness
The email controversy recapitulates themes from Clinton's handling of health care reform.
Getting the Libertarians Into Presidential Debates Via Lawsuit
The Commission on Presidential Debates and the Federal Elections Commission are both being sued for their roles in keeping third parties out of presidential debates.
