Three BIG Amicus Brief Mistakes

By Lawrence Ebner, Founder, Capital Appellate Advocacy PLLC Published in Friday Fives, Federation of Defense & Corporate Counsel Filing amicus curiae briefs is a well-accepted part of practicing before the Supreme Court, federal courts of appeals, and many state appellate courts. If you really want to be a “friend of the court” — if you […]

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ALF Urges California Supreme Court To Review & Reject Expansive Product Liability Theory

In the consolidated Gilead Tenofovir Cases, the California Court of Appeal held that “the legal duty of a manufacturer to exercise reasonable care can, in appropriate circumstances, extend beyond the duty not to market a defective product” (emphasis added). More specifically, the court held that “a drug manufacturer, having invented what it knows is a safer, and at least equally

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Webinar: How To Write and Use Amicus Briefs Strategically

On March 4, 2024, Larry Ebner presented a webinar for the Dartmouth Lawyers Association on How To Write and Use Amicus Briefs Strategically. Interviewed by DLA Treasurer Hilary B. Miller, Larry, a 1969 Dartmouth College graduate, covered key questions from the viewpoints of both amicus brief authors and parties seeking amicus support. For example— Click

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Amicus Briefs Do Not Require Disqualification Of Supreme Court Justices

On November 13, 2023, the Justices of the Supreme Court of the United States issued a self-enforcing Code of Conduct applicable to themselves. The Code of Conduct section titled Disqualification includes the following statement: “Neither the filing of a brief amicus curiae nor the participation ofcounsel for amicus curiae requires a Justice’s disqualification” This statement

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Posturing Your Case To Win On Appeal

Posturing Your Case To Win On Appeal

(L-R): Angela Flowers, Elissa Haynes, Larry Ebner, Miranda Soto, Ann Trivett, Caryn Lilling At the 2024 Winter Meeting of the Federation of Defense & Corporate Counsel in St. Petersburg, Florida, I organized and moderated a lively and insightful panel on the many benefits of including an appellate specialist in a trial team. Our distinguished panelists,

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ALF Urges Supreme Court To Let Scientific Debate Flourish

The Supreme Court has agreed to hear Murthy v. Missouri, No. 23-411, a First Amendment freedom of speech case brought by the States of Missouri and Louisiana and several individual social media users, including public health experts. They seek to enjoin White House, Surgeon General, Centers for Disease Control (CDC), Cybersecurity and Infrastructure Security Agency (CISA), and other

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Amicus Brief-Based Analysis of Big Law Firms’ Ideological Leanings Proves Little

As a Big Law alumnus who writes and reads a lot of amicus briefs, I’m neither impressed nor surprised by a newly published statistical analysis, Ideological Leanings in Likely Pro Bono BigLaw Amicus Briefs in the United States Supreme Court, Harv. J.L. & Pub. Pol’y Per Curiam (Winter 2024). The analysis, conducted by Prof. Derek

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