all things amicus

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 […]

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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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all things amicus

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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all things amicus

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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U.S. Agrees That Appealability of Federal Contractors’ Derivative Sovereign Immunity Defense Warrants Supreme Court Review

If a federal contractor can establish that it is entitled to “derivative sovereign immunity” when hit with personal injury litigation for carrying out the government’s work, is it immune from suit or merely protected from liability? And if a federal district court denies a motion to dismiss that is based on derivative sovereign immunity, is

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California Court’s Preemption Ruling Clashes with EPA No-Cancer-Warning Determination for Roundup® Labeling

The following case analysis was published in the Washington Legal Foundation’s Legal Pulse blog on August 4, 2020. In the WLF Legal Pulse post EPA Finally Flexes Some Preemption Muscle, I explained that last year, the U.S. Environmental Protection Agency (EPA) repudiated California’s attempt, under the State’s Proposition 65 right-to-know law, to require manufacturers of glyphosate weed-control products

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Larry Ebner Elected Senior Vice President & General Counsel of Atlantic Legal Foundation

I am pleased to announce that I have been elected to serve as Senior Vice President & General Counsel of the Atlantic Legal Foundation, where I will strategize and implement its cornerstone amicus curiae (“friend of the court”) program. I also look forward to continuing my independent, nationwide, appellate litigation practice at Capital Appellate Advocacy

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