On September 9, 2021 I participated in a panel discussion on Scientific Evidence In the Courtroom. The panel, part of a virtual event on sponsored by the R Street Institute, was moderated by R Street Fellow Anthony Marcum and also included former Boston Scientific General Counsel Tim Pratt. Our panel focused on the trial court […]
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I today filed on behalf of the Atlantic Legal Foundation a petition-stage amicus brief supporting Petitioner Monsanto Company in Monsanto Co. v. Hardeman, No. 21-241. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) vests the U.S. Environmental Protection Agency (EPA) with exclusive authority to regulate the content of pesticide product labeling. FIFRA accomplishes this by expressly
ALF Urges Supreme Court To Clarify Federal Preemption Of Pesticide Failure-To-Warn Suits Read More »
Capital Appellate Advocacy founder Larry Ebner has been inducted into the Federation of Defense & Corporate Counsel (FDCC). The organization’s website indicates that FDCC is composed of recognized leaders in the legal community who have achieved professional distinction, and is dedicated to promoting knowledge, fellowship, and professionalism of its members as they pursue the course
Larry Ebner Inducted Into Federation of Defense & Corporate Counsel Read More »
I today filed on behalf of the Atlantic Legal Foundation and the Cato Institute a petition-stage amicus brief supporting the Petitioner in Axon Enterprise, Inc. v. Federal Trade Commission, No. 21-86. Ilya Shapiro, Vice President & Director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies, joined me on the brief as co-counsel. The
On August 9, 2021 I filed on behalf of Belmora LLC a Petition For a Writ of Certiorari requesting the Supreme Court to finally resolve long-standing circuit splits of authority concerning two fundamental issues of U.S. trademark law: Belmora LLC is a small, Virginia-based pharmaceutical company. It serves Hispanic-Americans by offering Belmora Pain Reliever Tablets
Supreme Court Petition Seeks Review of Important Trademark Law Issues Read More »
On May 27, I moderated and participated in a lively panel discussion on Strategic Use of Amicus Briefs In Appellate Advocacy. Steve Lehotsky of Lehotsky Keller LLP and Richik Sarkar of Dinsmore & Shohl LLP joined me in the discussion, which was part of the DRI Appellate Advocacy Committee’s annual seminar. Amicus curiae briefs have
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Is your case going on appeal? As an appellate specialist, I know that these are the questions many clients want answered: 1. How do appeals differ from trials? 2. What are the key steps in an appeal? 3. Do I really need to hire an appellate specialist? 4. How much will the appeal cost? This
Top 4 FAQs About Appeals Read More »
On May 17, the Supreme Court issued a 7 to 1 opinion holding that federal courts of appeals can and should review all grounds for “removing” (i.e., transferring) climate-change litigation from state court to federal court. The Atlantic Legal Foundation filed an amicus brief in the case, BP p.l.c. v. Mayor & City Council of Baltimore, arguing that climate change-related damages suits
Ebner Quoted on Significance of Supreme Court Opinion in Climate-Change Litigation Read More »
Law360 has published my Expert Analysis/Opinion, Keep Junk Science Away From Juries. The article explains that juries are being called upon to assess an increasingly broad range of scientific issues—ranging from medical causation in class-action/mass-action product liability litigation to the alleged effects of fossil-fuel emissions in climate-change damages suits. For this reason, trial judges’ “gatekeeper”
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Multi-faceted regulation of U.S. businesses and industries for the ostensible purpose of preventing, mitigating, or remediating “man-made climate change” is one of the biggest threats confronting free enterprise today. It is a subject which not only requires the application of sound science, but also one that should be left to the political branches of the
NYC Climate Change Suit Melts in Second Circuit Read More »
