all things amicus

Government Contractor Groups Urge Supreme Court To Enforce High Hurdle For Would-Be Whistleblowers

All Amicus Briefs, Other Amicus Briefs, US Supreme Court /

The nation’s three leading  government contractor organizations—The Coalition for Government Procurement, the National Defense Industrial Association, and the Professional Services Council—are jointly urging the Supreme Court to clarify the “particularity” with which a False Claims Act qui tam relator must allege fraud in order to survive a motion to dismiss. The groups’ amicus curiae brief, authored by Capital […]

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Supreme Court Declines To Review D.C. Circuit Drone Strike Case That Implicates Separation of Powers

All Publications, Published Articles, US Supreme Court /

In Ali Jaber v. United States, No. 16-5093 (D.C. Cir. June 30, 2017), recently retired D.C. Circuit Judge Janice Rogers Brown authored a unanimous panel opinion faithfully applying circuit precedent and the political question doctrine to bar a declaratory judgment suit challenging the wisdom of a U.S. drone strike in Yemen that allegedly resulted in

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all things amicus

Defense Industry Groups Urge Federal Appeals Court To Respect U.S. Military’s Wartime Judgments

All Amicus Briefs, Federal Courts of Appeals, Other Amicus Briefs /

Two defense industry trade associations – the Professional Services Council and the National Defense Industrial Association – have filed an amicus curiae brief urging the U.S. Court of Appeals for the Fourth Circuit to affirm a federal trial court’s dismissal of the “Burn Pit” battlefield contractor litigation.  The amicus brief argues that where, as in the Burn Pit  litigation, private-party

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Six Supreme Court Justices Reminisce

Commentary, US Supreme Court /

Who would have guessed when I graduated from Harvard Law School in June 1972 that my 45th  class reunion in October 2017 would coincide with that institution’s Bicentenntial celebration? The event began with a roundtable discussion among Dean John Manning and six current/former Supreme Court Justices, all of whom are Harvard Law School alumni.  No

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DRI Brief Urges Supreme Court To Enforce Antitrust Statute Of Limitations

All Amicus Briefs, DRI, Other Amicus Briefs, US Supreme Court /

DRI-The Voice of the Defense Bar has filed an amicus brief in the U.S. Supreme Court supporting the certiorari petition in Ferrellgas Partners, L.P. v. Morgan-Larson, LLC, No. 17-441.  In its brief, DRI urges the Supreme Court to grant review and clarify the scope and application of the “continuing violation doctrine” insofar as it applies to

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Webinar: Strategic Use of Amicus Briefs in Appellate Advocacy

All Publications, Amicus Strategy & Procedure, Presentations /

On October 12, 2017, Capital Appellate Advocacy founder Larry Ebner participated in a Strafford live webinar, “Strategic Use of Amicus Briefs in Appellate Advocacy.” Larry and two additional highly experienced appellate specialists, Averil Rothrock and Mary-Christine (M.C.) Sungaila, covered many amicus brief-related topics, such as the following: Click here to download the webinar Power Points.

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Federal Court Won’t Second-Guess U.S. Military Combat-Zone Decisions

All Publications, Commentary, Federal Courts of Appeals, Published Articles /

After almost eight years of consolidated, multidistrict, pretrial proceedings—including massive jurisdictional discovery and a succession of dispositive motions and appeals—Judge Roger W. Titus of the U.S. District Court of the District of Maryland on July 19, 2017 dismissed in its entirety the “Burn Pit” toxic-tort multidistrict litigation.  The primary defendant, Kellogg Brown & Root Services,

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