The Supreme Court has granted certiorari in Hencely v. Fluor Corp. (24-924) to decide whether federal law precludes a state-law personal injury suit arising out of a 2016 suicide-bombing on Bagram Airfield in Afghanistan. The plaintiff, a U.S. service member injured in the bombing, is suing Fluor Corp., a private contractor that provided essential support services to […]
Kristin Calve, Editor & Publisher at the Corporate Counsel Business Journal, recently interviewed ALF Chairman & President Dan Fisk and Executive Vice President & General Counsel Larry Ebner about the use of amicus curiae briefs— specifically, why in-house litigation managers should “think amicus” whenever their company is involved in an appeal, or when they become aware of appeals involving legal issues that are
In-House Litigation Managers Should “Think Amicus” Read More »
Dozens of state and local governments have filed state-law tort suits in state courts around the United States collectively seeking billions of dollars in damages and other relief from major oil and natural gas producers for the alleged local effects of global warming and climate change. The potentially mind-boggling ramifications of allowing these proliferating climate-change
At its recent Annual Meeting, the Federation of Defense & Corporate Counsel (FDCC) announced that ALF Executive Vice President & General Counsel Lawrence S. Ebner is this year’s recipient of the John Appleman Award. The FDCC is composed of approximately 1,100 civil litigation defense counsel and 300 corporate counsel, each of whom is peer-nominated and peer-vetted before being invited to
Larry Ebner Recipient of FDCC Appleman Award Read More »
Dozens of state and local governments have filed state-law tort suits in state courts around the United States collectively seeking billions of dollars in damages and other relief from major oil and nautral gas producers for the alleged local effects of global warming and climate change. The potentially disastrous ramifications of allowing these proliferating climate-change
ALF & FDCC Argue That Federal Law Preempts Climate-Change Tort Suits Read More »
The Supreme Court has granted certiorari in The Hain Celestial Group, Inc. v. Palmquist (24-724), a case that presents an important unresolved question fundamental to ALF’s civil justice mission. The Fifth Circuit’s holding that the district court’s final judgment as to completely diverse parties must be vacated—and that this product liability suit must be remanded in its entirety
ALF Amicus Brief Argues That Post-Judgment Forum Shopping Undermines Civil Justice Read More »
Commentary by Lawrence S. Ebner The Supreme Court needs to end the plague of Roundup personal injury litigation, which during the past 10 years has infected our civil justice system and undermined federal regulation of pesticides. As the Atlantic Legal Foundation explained in a recent amicus brief, the pending certiorari petition in Monsanto Company v. Durnell (No. 24-1068)
Ending the Plague of Roundup Litigation Read More »
Under Pennsylvania law, companies that register to do business in that State are required to agree to appear in its courts on “any cause of action” filed against them. In other words, by registering to do business in Pennsylvania, a corporation is deemed to have consented to the State’s general (“all purpose”) jurisdiction. This means
On behalf of the Atlantic Legal Foundation, I have authored and filed an amicus brief supporting the certiorari petition in Monsanto Company v. Durnell (24-1068), which urges the Supreme Court to decide whether the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) preempts state-law failure-to-warn claims involving Roundup, a widely used agricultural herbicide. Case Background Section 24(b) of FIFRA, 7
Supreme Court Should Decide Whether Roundup Failure-To-Warn Claims Are Preempted Read More »
All About Strategizing, Writing, & Filing Amicus Briefs Why this newsletter? Because hundreds & hundreds of amicus curiae (“friend of the court”) briefs are filed every year in the Supreme Court, federal courts of appeals, and state appellate courts. Amicus briefs have become an important, well-accepted part of appellate litigation. They give a voice to
All Things Amicus Newsletter Read More »
