ALF Urges Supreme Court To Uphold Parents’ Rights

ALF Amicus Briefs, All Amicus Briefs, US Supreme Court /

The question presented by the pending certiorari petition in Parents Protecting Our Children v. Eau Claire Area School District, Wisconsin (23-1280) is whether parents have standing to challenge a school district’s “gender identity transition policy”—a policy, like many that have proliferated throughout the United States, that explicitly keeps parents in the dark if a student wishes […]

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Supreme Court Panel At INBLF Litigation Fly-In

Presentations, US Supreme Court /

On June 21, 2024 I was privileged to moderate and speak on a Supreme Court review panel at the annual INBLF Litigation Fly-In in the Chicago area. Seven of us appellate specialists provided insights on recent or impending Supreme Court decisions of our choice. Charlie Frazier, Nancie Marzulla, and Charly Kagay are pictured above. And

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Ebner Quoted On U.S. Judicial Conference Amicus Rule Proposal

Appellate Practice, Commentary, Federal Courts of Appeals /

On June 4, 2024 the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure decided to solicit public comment on proposed amendments to Federal Rule of Appellate Procedure 29 concerning the filing of amicus curiae briefs in federal courts of appeals. The amendments in part would require all court of appeals amicus briefs to

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New ALF Video Features Testimonials From Top Supreme Court Advocates

Atlantic Legal Foundation, News /

Digital/Social Media expert Nick Kosar of Open Road Digital has created this Atlantic Legal Foundation video, featuring some of the many testimonials we have received from the nation’s top Supreme Court advocates and business leaders. In addition to designing ALF’s new website, Nick worked closely with me to design and launch this new website for

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ALF Urges Supreme Court To Review & Reject Expansive View of Product Manufacturers’ Civil Aiding-and-Abetting Liability

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation /

The Mexican government has sued heavily regulated U.S. firearms manufacturers for $10 billion in damages and sweeping injunctive relief to redress “social costs” that it alleges to have incurred as a result of gun violence in Mexico. According to Mexico’s complaint, filed in Massachusetts federal district court, the defendant manufacturers have knowingly “aided and abetted”

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District Court Amicus Briefs Can Be A Useful Resource

Amicus Strategy & Procedure, Commentary /

Nyah Phengsitthy, Health Reporter at Bloomberg Law, has written an informative and insightful article, titled Wave of Amicus Briefs Back Drug Price Plan at Trial Court Stage, about the role that district court amicus briefs are playing in ongoing litigation challenging the Medicare Drug Price Negotiation Program. As reflected in her article, Nyah reached out

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ALF Urges Supreme Court To Decide Key Arbitration Issue

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Civil Justice /

The Supreme Court repeatedly has explained that the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., was enacted to quell judicial hostility to arbitration. FAA § 2 “is the primary substantive provision of the Act, declaring that a written agreement to arbitrate . . . ‘shall be valid, irrevocable, and enforceable, save upon such grounds as

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amicus brief commentary

Requiring Leave To File Amicus Briefs Is A Bad Idea

Appellate Practice, Commentary, Federal Courts of Appeals /

The U.S. Judicial Conference’s Advisory Committee on Appellate Rules is considering a proposal to amend Federal Rule of Appellate Procedure 29(a) by requiring that a motion for leave be filed with all non-governmental amicus briefs in federal courts of appeals. In other words, if the proposed amendment were adopted, obtaining the parties’ consent to the

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ALF Urges Supreme Court To Apply Federal Evidence Rule 702 To Securities Fraud Complaints

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Civil Justice, US Supreme Court /

The Atlantic Legal Foundation long has been an advocate for ensuring that only reliable expert opinions are considered by courts and/or juries during any phase of litigation. In support of a certiorari petition filed by NVIDIA Corporation in a securities fraud suit governed by the Private Securities Litigation Reform Act (“PSLRA”), ALF has filed an

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