Flat-Fee Billing Is Better For Clients & Their Lawyers
Why is flat-fee billing better for handling appeals and drafting amicus curiae briefs? Click here to find out why.
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Larry Ebner Quoted About Importance of Supreme Court Climate-Change Case
On January 19, 2021 the U.S. Supreme Court heard oral argument in BP v. Baltimore, a case in which the Atlantic Legal Foundation filed an amicus brief arguing that climate-change damages suits belong – if anywhere – in federal, not state, courts. The case involves a procedural issue which has significant implications regarding whether climate-change suits filed
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Amicus Brief Argues That Sound Science – Not The “Precautionary Principle” – Belongs In The Courtroom
The City of Bainbridge Island, Washington, has adopted a state-approved Shoreline Management Program (“SMP”), which requires property owners to set aside vegetation buffers and conservation easements to protect Puget Sound shoreline from the supposed ecological impacts of residential construction, landscaping, and recreational activities. Following an unsuccessful administrative appeal to the state Growth Management Hearings Board,
Atlantic Legal Foundation Requests California Supreme Court To “Depublish” Proposition 65 Listing Opinion
I was pleased to assist Dan Fisk, Chairman & President of the Atlantic Legal Foundation, with preparation of a request to the Supreme Court of California for “depublication” of a state Court of Appeal opinion holding, in litigation brought by the American Chemistry Council, that the State’s Office of Environmental Health Hazard Assessment (“OEHHA”) did not abuse its discretion
Amicus Brief Argues That Climate Change Tort Suits Belong – If Anywhere – In Federal, Not State, Courts
During the past several years, state and local governments around the United States have filed at least 19 state-court suits seeking to hold fossil fuel energy companies liable under state common law (such as public nuisance law) for allegedly contributing to climate change and its harmful effects. The defendant energy companies have been largely unsuccessful
What Is an Amicus Brief, Exactly?
The following article, written by Katherine Snow Smith for The Legal Examiner (Nov. 5, 2020), quotes me on the importance of amicus briefs, and my view that clients should be charged a flat fee for their preparation. As an attorney, Ruth Bader Ginsburg was known for writing an artful amicus brief. Her submissions are credited
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Amicus Brief Urges Supreme Court To Limit Nationwide Class Actions
In Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), the Supreme Court held that for a state court to assert “specific personal jurisdiction” over the claims of out-of-state plaintiffs in a “mass-action” suit, there must be a substantial connection between the nonresident plaintiffs’ claims and the conduct of the defendant
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Op-Ed: Appellate Courts Should Welcome Well-Crafted Amicus Briefs
The following Op-Ed, published in Law360 on October 9, 2020, was written by Atlantic Legal Foundation Senior Vice President & General Counsel and Capital Appellate Advocacy founder Larry Ebner. Amicus curiae, or friend of the court, briefs have become a routine part of federal appellate practice. Hundreds of them are filed every year in the
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Amicus Brief Supports Meaningful Judicial Review of SEC Constitutional Challenge
In light of recent Supreme Court decisions, there is a substantial question about whether SEC administrative enforcement proceedings, conducted by SEC Administrative Law Judges who can be removed only “for cause,” violate the separation of powers. The certiorari petition in Gibson v. SEC, No. 20-276, asks the Supreme Court to decide whether a constitutional challenge to
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Amicus Letter Explains That Federal Law Preempts Roundup® Product Liability Suit
The Atlantic Legal Foundation has submitted an amicus curiae (“friend of the court”) letter urging the California Supreme Court to grant the petition for review filed on August 31, 2020 by Monsanto Company in Johnson v. Monsanto, a bellwether case in which a former school groundskeeper claims he developed a form of cancer as a result
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