April 30, 2008

There is no truth to the rumor that the appellants' brief began "This is an appeal from a decision by Judge Weinstein of the Eastern District of New York, and there are also other reasons to reverse." Weinstein struck down the immunity legislation on questionable grounds, after previously permitting a public nuisance suit to proceed. The court found that the PLCCA did not violate the Commerce Clause, separation of powers, or the Tenth or First Amendments. The Second Circuit decision was 2-1, so there is likely to be further litigation. [Bashman roundup of links] (h/t M.B. & C.W.)