Supreme Court Should Curb Abusive Forum Shopping By Plaintiffs’ Bar

Toles v. Mead Johnson & Co. is one of thousands of product liability suits involving lifesaving nutritional products that the nation’s neonatal intensive care units rely upon to care for preterm infants. The core allegation in these suits—despite federal agencies’ scientific and medical consensus to the contrary—is that the nutritional products at issue cause necrotizing […]

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Monsanto Co. v. Durnell: Common Sense & Sound Science Prevail At Last!

For more than 35 years, Capital Appellate Advocacy founder Larry Ebner has argued in federal and state appellate and trial courts throughout the United States that federal law preempts personal injury suits alleging that a pesticide manufacturer failed to include a necessary health or safety warning on its U.S. EPA-regulated and approved product labeling. Larry’s federal preemption

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Consent-By-Registration Needs Due Process Guardrails

In a 5 to 4 decision, the Supreme Court held in Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023), that a Pennsylvania statute explicitly providing notice that registering to do business in that state represents consent to the state’s general “all purpose” jurisdiction does not violate due process. Mallory, however, left unanswered important constitutional

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Strategic Use of Amicus Support: When to Seek It, How to Get It, and Tips forWorking with Amicus Counsel

On June 23, 2026, members of the DRI Center for Law and Public Policy’s Amicus Committee presented an online “lunch-and-learn” for the DRI Corporate Counsel Committee (C3) titled “Strategic Use of Amicus Support: When to Seek It, How to Get It, and Tips for Working with Amicus Counsel.” Designed especially for in-house corporate counsel, the

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ALF Urges California Supreme Court To Enforce Finality of Arbitration Awards

On behalf of ALF, I have submitted an amicus letter supporting a petition for review urging the California Supreme Court to resolve, inter alia, a disagreement among California lower courts about whether the losing party in an arbitration proceeding can challenge the arbitrator’s jurisdiction, for the first time, in the Court of Appeal after the trial

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Super Lawyers

I am honored to have been selected by Thomson Reuters as a Washington, D.C. Super Lawyer – Appellate for the 9th consecutive year. I am one of relatively few solo practioners to have received this recogition.

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Supreme Court Should Hold That Federal Law Precludes Climate-Change Tort Suits

More than 60 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 climate change. Preclusion of these proliferating climate-change tort suits is crucial not

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ALF Amicus Briefs Urge Supreme Court To Revisit State Consent-By-Registration Statutes

Under Pennsylvania and Minnesota laws, companies that register to do business in those states are deemed to have consented to the state’s general (“all purpose”) jurisdiction. This means that an out-of-state corporation can be sued by an out-of-state plaintiff for a cause of action that has no connection to Pennsylvania or Minnesota. All states have

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Monsanto Co. v. Durnell: A Supreme Court Oral Argument Preview

On April 22, 2026 ALF Executive Vice President & General Counsel Larry Ebner participated in a webinar panel previewing the Supreme Court oral argument in Monsanto Co. v. Durnell (24-1068). The question presented by the case is whether FIFRA, the federal pesticide regulatory statute, preempts state-law failure-to-warn claims based on a pesticide producer’s failure to provide a

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