Supreme Court Should End Roundup Failure-To-Warn Litigation

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Preemption, US Supreme Court /

On January 16, 2026 the Supreme Court granted certiorari in Monsanto Co. v. Durnell (24-1068) to address the question of whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts pesticide label-related failure-to-warn claims where U.S. EPA does not require the warning at issue. The answer to this question will affect state-law personal injury claims alleging that Monsanto […]

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My FIFRA Preemption Journey

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On January 16, 2026, the Supreme Court granted certiorari in Monsanto Co. v. Durnell (24-1068) to address the following question: “Whether the Federal Insecticide, Fungicide, and Rodenticide Act [FIFRA] preempts a label-based failure-to-warn claim where EPA has not required the warning.” The answer to this question could result in dismissal of tens of thousands of

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ALF Urges Supreme Court To Review & Invalidate “Drug Price Negotiation Program”

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On behalf of the Atlantic Legal Foundation, I have written and filed an amicus brief supporting the pending petitions for a writ of certiorari in Janssen Pharmaceuticals, Inc. v. Kennedy (25-749) & Bristol Myers Squibb Co. v. Kennedy (25-751). Both petitions ask the Supreme Court to hold the Inflation Reduction Act’s misleadingly named “Drug Price Negotiation Program” unconstitutional. Case

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ALF Urges Supreme Court To Hold That Exxon Mobil Corporation Can Seek Compensation For Castro-Confiscated Business Property

ALF Amicus Briefs, Atlantic Legal Foundation, DRI, US Supreme Court /

When Fidel Castro captured power in 1959, his Cuban government expropriated billions of dollars in American-owned business property. A 1972 U.S. Foreign Claims Settlement Commission report explained that Castro’s “unlawful seizures violated every standard by which the nationals of the free world conduct their affairs.” The stolen business property included an oil refinery, product terminals and

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ALF Argues That Federal Law Precludes Tort Suits Against U.S. Military “Battlefield Contractors”

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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

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In-House Litigation Managers Should “Think Amicus”

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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

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Amicus Brief Urges Supreme Court To Decide Whether Federal Law Precludes Climate-Change Tort Suits

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

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

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Larry Ebner Recipient of FDCC Appleman Award

News /

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

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ALF & FDCC Argue That Federal Law Preempts Climate-Change Tort Suits

ALF Amicus Briefs, All Amicus Briefs, State Appellate Courts /

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

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