AAAL Appoints Larry Ebner as Editor of The Appellate Advocate

Susan M. Freeman, President of the American Academy of Appellate Lawyers (AAAL), has appointed Capital Appellate Advocacy founder and AAAL fellow Lawrence S. Ebner to serve as Editor of The Appellate Advocate, the organization’s semi-annual newsletter. About AAAL Since its founding in 1990, AAAL has committed itself to advancing the administration of justice and promoting the […]

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Learning the High Art of Amicus Brief Writing

There is an art to writing amicus curiae (“friend of the court”) briefs. Capital Appellate Advocacy’s Larry Ebner, who serves DRI-The Voice of the Defense Bar as Chair of its Amicus Committee, has written an article in the February 2017 edition of For The Defense, “Learning the High Art of Amicus Brief Writing.”  The article — which has been

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It’s Time To Fix FIFRA Preemption

Under FIFRA, the federal pesticide law, the U.S. Environmental Protection Agency (EPA) and state agencies both have authority to regulate the sale and use of agricultural, industrial, structural, and consumer pesticides, but only EPA can regulate the content and format of nationally uniform pesticide product labeling. Emboldened by a 1991 Supreme Court decision, and despite state-imposed preemption

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Is It Finally Time To Fix FIFRA Preemption?

FIFRA is the comprehensive federal statute that for the past 70 years has regulated “pesticides”—a term which encompasses a broad range of agricultural, professional, industrial, and consumer pest control products.   One of the most persistent as well as hotly contested areas of pesticide regulation involves the subject of “preemption”—the supremacy of federal law over

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Battlefield Contractor Immunity Article Quotes Larry Ebner

In a feature article published on July 14, Bloomberg Law/BNA Federal Contracts Report turned to Capital Appellate Advocacy founder Larry Ebner for insight on “battlefield contractor” immunity defenses and case law growing out of U.S. military operations in Iraq and Afghanistan.   According to Ebner,  the D.C. Circuit’s 2009 decision in Saleh v. Titan Corp. is

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Massachusetts Lawyers Weekly Quotes Larry Ebner in Feature Article on Supreme Court Anti-Forum Shopping Decisions

A feature article entitled “Supreme Court clamps down on state-court forum shopping,” published on July 13 in Massachusetts Lawyers Weekly, turns to Capital Appellate Advocacy founder Larry Ebner for comment.  In two cases decided this Spring, BNSF Railway Co. v. Tyrrell (see Supreme Court Derails Forum Shoppers) and Bristol-Myers Squibb Co. v. Superior Court of California (see Tough

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Hollow Victory for Anti-Pesticide Groups

In a 2-1 decision issued on June 30, the D.C. Circuit court of appeals has allowed the continued use of cyantraniliprole (“CTP”)—which is classified by EPA as a reduced-risk agricultural insecticide—despite EPA’s undisputed failure to comply with Endangered Species Act (“ESA”) requirements to make an endangered/threatened species “effects” determination and consult with federal wildlife agencies.  The declaratory

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Larry Ebner Speaks at ISSA Forum

On June 21, 2017, Capital Appellate Advocacy founder Larry Ebner spoke to the International Sanitary Supply Association (ISSA) Forum in Crystal City, Virginia on the practical implications of two recent California-related developments — the Cleaning Product Right To Know  bill (SB 258) pending in the California Legislature. and the U.S. Supreme Court’s decision in Bristol-Myers

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