Washington Legal Foundation

Washington Legal Foundation Washington Legal Foundation is a nonprofit public interest law organization that litigates, publishes & communicates to advance free enterprise principles.
WLF is the nation’s premier public interest law and policy center. Our mission is to preserve and defend America’s free enterprise system by litigating, educating, and advocating for free market principles, a limited and accountable government, and individual and business liberties.

Operating as usual

Tort defendants must push for disclosure of attorney-care provider-medical receivable funder relationship to limit phant...
08/21/2020
Greater Transparency Can Expose the Illusion of Medical Receivable Funding in Tort Litigation - Washington Legal Foundation

Tort defendants must push for disclosure of attorney-care provider-medical receivable funder relationship to limit phantom damages write two Holland & Knight attorneys. https://www.wlf.org/2020/08/20/publishing/greater-transparency-can-expose-the-illusion-of-medical-receivable-funding-in-tort-litigation/

Business defendants and insurers must pursue disclosure of third-party companies’ involvement with healthcare providers and plaintiffs’ lawyers in tort litigation, an arrangement that inspires the award of “phantom damages.”

Court ruling shows FCA defendants can seek discovery from federal agencies, writes Arnold & Porter Kaye Scholer LLP’s T....
08/21/2020
Court Orders Federal Government to Produce Materiality-Related Discovery in False Claims Act Suit - Washington Legal Foundation

Court ruling shows FCA defendants can seek discovery from federal agencies, writes Arnold & Porter Kaye Scholer LLP’s T. Lollar in new @WLF paper. https://www.wlf.org/2020/08/20/publishing/court-orders-federal-government-to-produce-materiality-related-discovery-in-false-claims-act-suit/

A recent federal district court decision demonstrates that FCA defendants can obtain discovery from the government that may help establish an alleged violation’s lack of materiality.

Do 3 copycat lawsuits filed against Amazon.com, Kroger, and Albertsons reflect new strain of #PFAS chemicals class actio...
08/07/2020
Consumer-Fraud Suits Against Retailers a Harbinger of New PFAS Class-Action Wave? - Washington Legal Foundation

Do 3 copycat lawsuits filed against Amazon.com, Kroger, and Albertsons reflect new strain of #PFAS chemicals class actions, Hunton Andrews Kurth’s Thomas Waskom asks in WLF paper. https://www.wlf.org/2020/08/06/publishing/consumer-fraud-suits-against-retailers-a-harbinger-of-new-pfas-class-action-wave/

Lawsuits that assert economic, not physical, harm from the sale of products claimed to be compostable could be the latest strain of class actions involving the so-called forever chemical.

As WLF urged in an amicus brief, the Supreme Court today agreed to review 15-year old lawsuit filed under two-century ol...
07/02/2020
Supreme Court Agrees to Decide Scope of Liability Under the Alien Tort Statute - Washington Legal Foundation

As WLF urged in an amicus brief, the Supreme Court today agreed to review 15-year old lawsuit filed under two-century old law plaintiffs’ lawyers resurrected in 1980. https://www.wlf.org/2020/07/02/communicating/supreme-court-agrees-to-decide-scope-of-liability-under-the-alien-tort-statute/

The U.S. Supreme Court today agreed to review an appeals court decision that would invite activists to seek to impose aiding and abetting liability on U.S. entities for alleged human rights violations overseas.

Seattle’s new price-control law for grocery-delivery businesses will backfire on workers and public health, and is vulne...
06/29/2020
Seattle's Irrational "Premium Pay" Mandate for Grocery Delivery Upends Economic Liberties - Washington Legal Foundation

Seattle’s new price-control law for grocery-delivery businesses will backfire on workers and public health, and is vulnerable to a constitutional challenge, argues a new WLF Legal Pulse post: https://www.wlf.org/2020/06/29/wlf-legal-pulse/seattles-irrational-premium-pay-mandate-for-grocery-delivery-upends-economic-liberties/.

A city law meant to protect gig workers and public health will do neither and is constitutionally infirm.

The U.S. Supreme Court today ruled in Seila Law v. Consumer Financial Protection Bureau that Congress may not insulate s...
06/29/2020
In Victory For WLF, High Court Holds The Line On Presidential Removal Power - Washington Legal Foundation

The U.S. Supreme Court today ruled in Seila Law v. Consumer Financial Protection Bureau that Congress may not insulate sole-director federal agency heads from at-will removal by the President. WLF filed an amicus brief in the case urging this outcome. Our press release: https://www.wlf.org/2020/06/29/communicating/in-victory-for-wlf-high-court-holds-the-line-on-presidential-removal-power/.

The U.S. Supreme Court today ruled that Congress may not insulate sole-director federal agency heads from at-will removal by the President.

WLF amicus brief supports victory for health communication and separation of powers in D.C. Circuit: https://www.wlf.org...
06/16/2020
In a Win for WLF, D.C. Circuit Invalidates HHS’s List-Price-Disclosure Mandate for Drug Makers’ TV Ads - Washington Legal Foundation

WLF amicus brief supports victory for health communication and separation of powers in D.C. Circuit: https://www.wlf.org/2020/06/16/communicating/in-a-win-for-wlf-d-c-circuit-invalidates-hhss-list-price-disclosure-mandate-for-drug-makers-tv-ads/

“As today’s ruling confirms, Executive-Branch agencies do not wield the statutes they want; they must implement the statutes Congress gives them.”—Cory Andrews, WLF Vice President of Litigation WASHINGTON, DC—The U.S. Court of Appeals for the D.C. Circuit today affirmed a decision blocking...

We're honored to welcome Stephen A. Wood of Chicago's Chuhak & Tecson, P.C. as our blog's newest Featured Expert Contrib...
10/04/2018
U.S. ex rel. Rose v. Stephens Institute: The Ninth Circuit Considers Escobar and its Materiality Mandate

We're honored to welcome Stephen A. Wood of Chicago's Chuhak & Tecson, P.C. as our blog's newest Featured Expert Contributor. Steve will be writing on False Claims Act matters. His first: https://wlflegalpulse.com/2018/10/04/u-s-ex-rel-rose-v-stephens-institute-the-ninth-circuit-considers-escobar-and-its-materiality-mandate/

Featured Expert Contributor, False Claims Act Stephen A. Wood, Chuhak & Tecson, P.C. Ed. Note: This is Mr. Wood’s inaugural post as the WLF Legal Pulse’s latest Featured Expert Cont…

03/01/2018
WLF Webinar Speakers Critique Public-Nuisance Lawsuits

The profoundly elastic doctrine of public nuisance has become the tort theory of choice in suits meant to curb opioid abuse and diversion, climate change, firearms, and lead paint. Learn more from WLF's latest Webinar program:
https://wlflegalpulse.com/2018/03/01/wlf-webinar-speakers-critique-public-nuisance-lawsuits/

After long being a mere remnant of the old English common law, public nuisance has been experiencing an elongated renaissance. Courts have expanded the elastic doctrine into an all-purpose cause of…

01/22/2018

U.S. Supreme Court agreed with WLF today by granting review in Endangered Species Act case, Weyerhaeuser v. FWS. WLF's amicus brief:http://www.wlf.org/upload/litigation/briefs/WyerhaeuservFWS-WLFAmicus.pdf

Part 1 of a two-part blog commentary: Kudos to FDA for advancing preemption and regulatory uniformity.https://wlflegalpu...
12/01/2017
FDA Makes a Welcome Return to Courtroom Advocacy for Uniform, National Regulation

Part 1 of a two-part blog commentary: Kudos to FDA for advancing preemption and regulatory uniformity.
https://wlflegalpulse.com/2017/11/30/fda-makes-a-welcome-return-to-courtroom-advocacy-for-uniform-national-regulation/

Through the Food, Drug & Cosmetic Act (FDCA) and its amendments, Congress put the Food and Drug Administration (FDA) in charge of establishing uniform, national regulation of consumer products.…

The Colorado River, which sued for more environmental regulations, doesn't understand constitutional separation of power...
12/01/2017
A River Runs to Court: Environmental Activists Circumvent Democracy to Impose Agenda

The Colorado River, which sued for more environmental regulations, doesn't understand constitutional separation of powers.
https://wlflegalpulse.com/2017/11/30/a-river-runs-to-court-environmental-activists-circumvent-democracy-to-impose-agenda/

This is a frustrating time for environmental special-interest activists. Their cause is not one the public rates as a national priority. Their allies are no longer in leadership positions in federa…

11/10/2017
Food Court Follies: Misled-By-Maple Class Action Against Quaker Oats Preempted

Why does WLF strongly support federal preemption? The lawsuit discussed in our latest blog post says it all.
https://wlflegalpulse.com/2017/11/10/food-court-follies-misled-by-maple-class-action-against-quaker-oats-preempted/

In all the blogging we’ve done on food-related consumer-protection litigation over the past five years, we’ve said very little about one of our favorite federal constitutional doctrines…

11/02/2017
Court Order Imposing $9 Million Sanction Paints Sordid Tale Of Ethically-Challenged Lawyering

Misadventures in lawyering:
http://www.forbes.com/sites/wlf/2017/11/02/court-order-imposing-9-million-sanction-paints-sordid-tale-of-ethically-challenged-lawyering/

A federal court order imposing a $9 million misconduct sanction on two tobacco-liability lawyers in Florida exposes the fundamental flaws in class- and mass-action litigation and should serve as a clarion call for other judges to similarly police their dockets.

Frivolous ADA litigation diminishes the law and enrich only the lawyershttps://www.forbes.com/sites/wlf/2017/10/31/feder...
10/31/2017
Federal Courts, State Governments Push Back Against Corrosive Disabilities Act Suits

Frivolous ADA litigation diminishes the law and enrich only the lawyers
https://www.forbes.com/sites/wlf/2017/10/31/federal-courts-state-governments-push-back-against-corrosive-disabilities-act-suits/#789f0e361f64

Some federal courts and state elected officials are opposing self-serving efforts by a select number of plaintiffs' attorneys to expand the Americans with Disabilities Act's legal application far beyond what Congress intended.

"Congress reasonably determined that the only way to prevent alien felons from repeating their crimes is to lock them up...
09/27/2017

"Congress reasonably determined that the only way to prevent alien felons from repeating their crimes is to lock them up pending deportation."
- Richard Samp, WLF Chief Counsel

Acting for 31 members of Congress, WLF filed an amicus brief (http://bit.ly/2xDguGi) in Jennings v. Rodriguez, a case that challenges the constitutionality of a key aspect of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that requires the detention of several classes of aliens--including convicted felons--while they contest efforts to deport them.

The second round of oral arguments will be heard in the Supreme Court of the United States next week.

"By lowering the bar for those asserting an 'inequitable conduct' defense, the Federal Circuit is undermining the viabil...
09/27/2017

"By lowering the bar for those asserting an 'inequitable conduct' defense, the Federal Circuit is undermining the viability of our patent system." - Richard Samp, WLF Chief Counsel

Read the amicus brief here: http://bit.ly/2fQXBGu

The federal government has no desire to retain custody of removable aliens; its only purposes in taking custody are to p...
09/25/2017
Pending High Court Case Tests Congress's Authority To Detain And Deport Criminal Aliens

The federal government has no desire to retain custody of removable aliens; its only purposes in taking custody are to promote public safety within the country and to ensure a means of effecting removal. A criminal alien can regain his liberty instantly by agreeing to return to his native country.

Further, choosing that liberty option does not require the alien to abandon hope of living in the United States; immigration law permits an alien to continue to litigate his immigration appeal from abroad—and then return to the United States if he ultimately prevails in court.

In Jennings v. Rodriguez, a case to be argued on October 3, the US Supreme Court will determine whether the judiciary or Congress has the authority to determine the procedures by which illegal aliens charged with crimes should be processed.

The Ninth Circuit held that requiring advertisers to include the controversial warning violates their First Amendment ri...
09/19/2017

The Ninth Circuit held that requiring advertisers to include the controversial warning violates their First Amendment rights not to be compelled to convey the government's message.

Rich Samp critiques this double-standard established by the #FifthCircuit. #SCOTUS #amicus #DuskyGopherFrog #USFWS
08/25/2017
High Court Must Review ESA Decision that Endangers Ability to Appeal Agency Actions

Rich Samp critiques this double-standard established by the #FifthCircuit.
#SCOTUS #amicus #DuskyGopherFrog #USFWS

The US Supreme Court should review a Fifth Circuit decision that insulated from judicial review the Fish and Wildlife Services' flawed cost-benefit analysis supporting its plan to impose a frog habitat on unwilling Louisiana landowners.

"Landing the perfect deal usually brings a feeling of satisfaction, and does not give rise to conflict with the retailer...
08/15/2017
Class Actions Clothed in Righteousness: Appeals Court Rejects Bargain-Hunters’ Suits for Lack of Injury

"Landing the perfect deal usually brings a feeling of satisfaction, and does not give rise to conflict with the retailer. But in America, even a bargain-finder who bought an unblemished sweater can turn around and sue the business on behalf of herself and countless other shoppers, claiming they were all fooled into making their purchases."
-- Abbey Coufal, Judge K.K. Legett Fellow

By Abbey Coufal, a 2017 Judge K.K. Legett Fellow at Washington Legal Foundation who will be entering her third year at Texas Tech University School of Law in the fall. Bargain shopping is not for t…

WLF filed an amicus brief with the U.S. Supreme Court yesterday urging the Court to review the taking of an uninhabited ...
08/15/2017

WLF filed an amicus brief with the U.S. Supreme Court yesterday urging the Court to review the taking of an uninhabited "habitat" under the Endangered Species Act. https://t.co/8W4Z5VtFfI

"Kudos to Candy Lab for asserting its constitutional rights—and to Judge Stadtmuller for braving uncharted legal territo...
08/11/2017
Pokèmon, Go Get A Permit: Free-Speech Suit Ropes In Reactionary County Ordinance

"Kudos to Candy Lab for asserting its constitutional rights—and to Judge Stadtmuller for braving uncharted legal territory to uphold those rights."

A federal judge's decision to block a Milwaukee County ordinance requiring a pre-release permit for augmented-reality gaming apps is to be applauded, but the court could have imposed a higher standard of First Amendment scrutiny.

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