Here is the inaugural edition of my personal newsletter, All Things Amicus. As the title implies, the newsletter is all about amicus briefs. I hope that you find it informative, and welcome your suggestions for future editions. Why this newsletter? Because hundreds & hundreds of amicus curiae (“friend of the court”) briefs are filed every […]
All Things Amicus Newsletter (December 2024) Read More »
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
ALF Advocates Broad View of “Statutory Standing” To Challenge Federal Regulatory Actions Read More »
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”
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.
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
ALF Again Argues That “Drug Price Negotiation Program” Is Unconstitutional Read More »
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
ALF Urges U.S. Judicial Conference To Reject Amicus Brief Rules Change Read More »
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
ALF Argues New Drug Tort Violates Sound Science & Harms The Public Interest Read More »
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
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.
Larry Ebner Recipient of DRI 2024 Tom Segalla Excellence in Education Award Read More »
At DRI’s 2024 Annual Meeting in Seattle, Immediate Past President Patrick J. Sweeney surpised me with a Leadership Award for my service as chair of the DRI Center for Law and Public Policy I was privileged to chair The Center during 2023 and 2024, when 150 exceptionally knowledgeable and dedicated DRI members, through committees, task
Larry Ebner Receives DRI Leadership Award Read More »
