ALF Advocates Broad View of “Statutory Standing” To Challenge Federal Regulatory Actions

ALF Amicus Briefs, Federal Courts of Appeals, US Supreme Court /

The Supreme Court has granted certiorari in FDA v. R.J. Reynolds Vapor Co., No. 23-1187, to decide whether a federally regulated product’s manufacturer and retailers can join together, in a single federal court of appeals, to challenge a final agency action that impairs their shared commercial interests.  On behlaf of ALF, I have authored a merits-stage […]

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

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

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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ALF Urges Federal Circuit To Enforce District Courts’ Expert Testimony Gatekeeping Role In Patent Infringement Cases

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

The U.S. Court of Appeals for the Federal Circuit has taken the unusual step of granting en banc review to address the question of whether a federal district court properly exercised its gatekeeping role under Federal Rule of Evidence 702 in a patent infringement case. More specifically, the en banc Federal Circuit in EcoFactor, Inc. v.

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ALF Again Argues That “Drug Price Negotiation Program” Is Unconstitutional

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Courts of Appeals /

The Inflation Reduction Act’s highly politicized, misleadingly named, “Drug Price Negotiation Program,” 42 U.S.C. § 1320f et seq., is a form of government-imposed price control. Under the Program, the Centers for Medicare & Medicaid Services (CMS) selects certain “negotiation-eligible” brand-name drugs. Following a supposed “negotiation” and “agreement” with its manufacturer, each such drug can be sold within

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ALF Urges U.S. Judicial Conference To Reject Amicus Brief Rules Change

Amicus Strategy & Procedure, Atlantic Legal Foundation, Federal Courts of Appeals /

The U.S. Judicial Conference’s Advisory Committee on Appellate Rules has proposed amendments to Federal Rule of Appellate Procedure 29 that would hinder, rather than facilitate, the filing of amicus curiae (“friend of the court”) briefs in federal courts of appeals. Currently, Rule 29(a) permits organizations such as ALF to file a merits-stage amicus brief in a federal

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ALF Argues New Drug Tort Violates Sound Science & Harms The Public Interest

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

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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Amicus Brief Urges Supreme Court To Address Scope of Endangered Species Act Enviromental Impact Assessments

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

The certiorari petition in Nantucket Residents Against Turbines v. Bureau of Ocean Energy Management, No. 24-337, asks the Supreme Court to decide whether federal agencies can, consistent with the plain language of the Endangered Species Act, exclude from their Section 7 analysis known and available science regarding impacts on an endangered species resulting from federal

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Larry Ebner Recipient of DRI 2024 Tom Segalla Excellence in Education Award

DRI, News /

I am very grateful to be this year’s recipient of DRI’s TOM SEGALLA EXCELLENCE IN EDUCATION AWARD. The award is given to a “member of DRI whose contributions through legal scholarship exemplify the highest educational standards of the organization and further its mission of improving the skills of the defense practitioner.” DRI President Anne M.

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ALF Urges 7th Circuit To Affirm District Court’s Rule 702 “Daubert” Order In Paraquat MDL

ALF Amicus Briefs, All Amicus Briefs /

In the Paraquat Products Liability multidistrict litigation, more than 5,000 individual plaintiffs allege that they developed Parkinson’s disease as a result of their exposure to paraquat, a widely used, U.S. EPA-regulated herbicide. The cases have been consolidated for multidistrict pretrial proceedings in the U.S. District Court for the Southern District of Illinois. In four trial selection (i.e.,

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