Statutory Interpretation
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RE GUN MAKER LIABILITY
June 5, 2025 Congress has enacted a statute to prohibit lawsuits against firearm manufacturers for the damages caused by the misuse of their products by third parties. See “The Protection of Lawful Commerce in Arms Act” (“the PLCAA”) at 15 U.S.C. §§7901-7903. The statute makes an exception for lawsuits against manufacturers who “aid” or “abet”… Continue reading
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Medical Marijuana v. Horn
decided April 2, 2025 The federal Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968, (the federal “RICO” statute), authorizes civil lawsuits for damages by a “person” who is “injured in his business or property by reason of a violation of” section 1962 [of RICO, listing its “Prohibited Activities”]. See 18 U.S.C. §1964(c). In… Continue reading
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Bondi v. Vanderstok
decided March 26, 2025 The federal Gun Control Act of 1968, codified at 18 U.S.C. §§ 921-934, prohibits, among other things, the commercial sale of certain kinds of firearms, and certain kinds of firearm parts, that do not bear identification numbers that allow for their tracking by police authorities. In 2022, the Bureau of Alcohol,… Continue reading
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Thompson v. United States
decided March 21, 2025 A federal statute that governs dealings with the Federal Deposit Insurance Corporation (the “FDIC”) prohibits the making of a “false statement” to the FDIC for the purpose of influencing its actions. 18 U.S.C. §1014. In this case, the Court unanimously ruled that the statute does not prohibit the making of “misleading”… Continue reading
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San Francisco v. Environmental Protection Agency
(decided March 4, 2025) The federal Clean Water Act authorizes the Environmental Protection Agency (the “EPA”) to set “effluent limitations” on discharges into a body-of-water by authorized permittees, for the purpose of maintaining established water quality standards in that body-of-water. 33 U.S.C. Section 1331(b). In this case, the Court ruled 5-4 that that statute did… Continue reading
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Lackey v. Stinnie
(decided February 25, 2025) A federal statute, 42 U.S.C. Section 1988(b) gives trial judges “discretion” to award the prevailing party” in federal civil rights lawsuits the attorneys’ fees the party incurred in prosecuting the lawsuit. In this case, the Court ruled, 7-2, that the winner of a preliminary injunction in a federal civil rights lawsuit… Continue reading
RECENT RULINGS 