Have you ever circulated for review and comment what you thought was a well-written draft motion or brief? Then you know how disconcerting it feels when your draft is returned with so much redlining (or undecipherable handwritten edits and notes), that your original is barely visible. How should you, a previously confident legal writer with […]
Collaborate Collegially on Legal Writing Read More »
Class actions have become a lucrative business for the plaintiffs’ bar. National corporate defendants sometimes settle even frivolous claims for substantial amounts, especially in plaintiff-friendly state courts. To curb state-court class-action abuses, the Class Action Fairness Act (“CAFA”) expressly authorizes “any defendant” to remove (i.e., transfer) a qualifying class action from state court to federal court,
DRI Files Amicus Brief Urging Supreme Court To Review Class-Action Fairness Issue Read More »
I am pleased to share the news that my law firm, Capital Appellate Advocacy, is profiled in the current edition of The Georgetowner. Thank you, Carr Workplaces, for arranging the interview, and for providing all of the facilities and support that independent professionals need. Read the profile here.
Capital Appellate Advocacy Profiled in “The Georgetowner” Read More »
On May 14, the Supreme Court held in Murphy v. National Collegiate Athletic Association that the federal Professional and Amateur Sports Protection Act (“PASPA”) is unconstitutional. The Court ruled that PASPA’s prohibition against States authorizing sports betting violates the “anticommandeering principle,” which precludes Congress from directing States to take, or refrain from taking, particular legislative
Supreme Court’s Sports Betting Decision Reveals Hidden Preemption Requirement Read More »
The proliferation of amicus curiae (friend-of-the-court) briefs in federal and state appellate courts—particularly in the U.S. Supreme Court—repeatedly raises the question of how much will an amicus brief cost? For most industry groups and other organizations interested in filing amicus briefs, my answer, as an appellate specialist who practices independently, is “less than you might expect—a
Trade Associations Want to Know: How Much Does an Amicus Brief Cost? Read More »
I am honored to be one of seven solo practitioners in the District of Columbia included on the 2018 Washington, D.C. Super Lawyers list as a “Top Rated Appellate Lawyer.” The Super Lawyer designation is a welcome complement to my decision, after almost 45 years of legal practice with a large law firm, to open
The so-called “Calexit” secession initiative not only is nonsensical, but also superfluous. California in many ways already acts as if it were its own sovereign nation, defiant of federal authority and oblivious to the interests of other States. This is federalism on steroids. In early April, Missouri and 10 other States filed an amicus curiae
Who Needs “Calexit”? California Already Pretends It’s A Separate Nation Read More »
I recently had the honor of authoring an amicus brief for the Republic of France relating to federal preemption and France’s product identity and ingredient standards. French law declares that foie gras (specially fattened duck or goose liver) is part of France’s “protected cultural and gastronomic heritage.” To produce foie gras, ducks and geese are
France Urges Supreme Court To Overturn California’s Foie Gras Ban Read More »
Through scholarship, legal expertise, and advocacy, the Center for Law and Public Policy acts as a think tank and public voice for DRI and its 22,000 members on issues of importance to the civil litigation defense bar. As Chair of the DRI Amicus Committee, I am privileged to be part of the Center’s leadership. We met at DRI
DRI Center for Law & Public Policy Focuses on Civil Justice Read More »
On March 14 I had the privilege of moderating a lively and insightful panel on The Economics of Appellate Practice: Surviving, and Hopefully Thriving, as an Appellate Litigator at the DRI Appellate Advocacy Seminar in Las Vegas. The three panelists – Wendy Cole Lascher, Partner at Ferguson Case Orr Patterson LLP, Ventura, California; Richard M. Wolff, Vice President-Complex
