ALF Amicus Brief Argues That Post-Judgment Forum Shopping Undermines Civil Justice

ALF Amicus Briefs, US Supreme Court /

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 […]

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Ending the Plague of Roundup Litigation

All Publications, Commentary, Published Articles, US Supreme Court /

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)

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ALF Urges Supreme Court To Revisit Constitutionality of Pennsylvania’s Consent-By-Registration Statute

ALF Amicus Briefs, All Amicus Briefs, Uncategorized /

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

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Supreme Court Should Decide Whether Roundup Failure-To-Warn Claims Are Preempted

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

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

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All Things Amicus Newsletter

Commentary, Newsletter, Published Articles /

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

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Amicus Brief Argues That “Major Questions Doctrine” Applies To Offshore Wind Energy Projects

All Amicus Briefs, US Supreme Court /

I have authored and filed a petition-stage amicus brief on behalf of Green Oceans, an environmental group that opposes construction and operation of dozens of gigantic wind turbines on the Outer Contintental Shelf (“OCS”) off the Rhode Island and Massachusetts coasts. The amicus brief supports two pending certiorari petitions that seek review of a First

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Supreme Court Should Decide Whether DHS Has Independent Authority To Allow Visa Holders To Work In The United States

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

The certiorari petition in Save Jobs USA v. Department of Homeland Security (24-923) asks the Supreme Court to decide whether DHS has authority under the Immigration and Nationality Act (INA), 8 U.S.C. § 1101(a)(15), to decide, independently of Congress, which statutorily defined classes of nonimmigrant alien visa holders can work while in the United States. Resolution of

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Testimony Before U.S. Judicial Conference Advisory Committee on Appellate Rules

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

On February 14, 2025 the U.S. Judicial Conference’s Advisory Committee on Appellate Rules heard testimony via Teams on proposed amendments to Federal Rule of Appellate Procedure 29.  The proposed amendments would (i) expand the funding-related disclosure requirements set forth in Rule 29(a)(4)(E), and (ii) eliminate the filing of court of appeals amicus briefs with the

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