Lawrence S. Ebner, Author at Capital Appellate Advocacy PLLC

Oct 1 2011

The United States as Amicus Curiae: Making Uncle Sam Your New Best Friend

All Publications, Amicus Strategy & Procedure, DRI, Published Articles, US Supreme Court / October 1, 2011

The United States can be a party’s best friend—or worst foe—when it enters an appeal as amicus curiae. My article for the DRI Appellate Advocacy Committee’s Certworthy newsletter provides attorneys with some practical guidance about interacting with the U.S. Department of Justice when it is engaged in the process of deciding whether to participate in an […]

The United States as Amicus Curiae: Making Uncle Sam Your New Best Friend Read More »

Jun 19 2009

President Obama’s “Preemption Memo”: Much To Do About Very Little

All Publications, Federal Preemption, Published Articles / June 19, 2009

Larry Ebner’s Legal Backgrounder, published by the Washington Legal Foundation, discusses a Presidential Memorandum that purported to curtail the ability of federal department and agencies to issue regulations that preempt state and local law.

President Obama’s “Preemption Memo”: Much To Do About Very Little Read More »

Jun 5 2009

Four Myths About Federal Preemption of State Tort Claims

All Publications, Federal Preemption, Published Articles / June 5, 2009

Larry Ebner’s Legal Backgrounder, published by the Washington Legal Foundation, debunks four myths about federal preemption of state tort claims that involve federally-regulated products.

Four Myths About Federal Preemption of State Tort Claims Read More »

Mar 10 2008

Ebner Quoted On FDA Drug Preemption

Commentary, Federal Preemption, News, US Supreme Court / March 10, 2008

An article written by Daniel Fisher at Forbes.com quotes Larry Ebner about the significance of Food and Drug Administration approval of label warnings that are alleged to be inadequate in failure-to-warn suits. “The Supreme Court seems to make it more confusing every time it issues one of these decisions,” Ebner said.

Ebner Quoted On FDA Drug Preemption Read More »

Jun 1 2005

FIFRA Preemption After Bates v. Dow AgroSciences

All Publications, Federal Preemption, Published Articles / June 1, 2005

In the wake of the Supreme Court’s 2005 opinion in Bates v. Dow Agrosciences, 544 U.S. 431, pesticide manufacturers need to develop new, sophisticated approaches when raising FIFRA preemption as a defense to inadequate labeling and failure-to-warn claims. Read more in this article.

FIFRA Preemption After Bates v. Dow AgroSciences Read More »

Jan 19 2005

CropLife America Recognizes Larry Ebner for Outstanding Appellate Advocacy

Appellate Practice, News / January 19, 2005

At a ceremony held in the U.S. Capitol, CropLife America, the national trade association for the plant science industry, honored Larry Ebner for his “significant contribution to over many years, to developing, nurturing and defending the principle of FIFRA preemption.” CropLife thanked Larry “for serving as a thoughtful and zealous steward of this important principle.”

CropLife America Recognizes Larry Ebner for Outstanding Appellate Advocacy Read More »

Mar 15 2000

Bayer Wins Pesticide Labeling Lawsuit

Appellate Practice, Commentary, News / March 15, 2000

Chemical Week magazine quotes Larry Ebner on his FIFRA preemption pesticide labeling victory before the California Supreme Court in Etcheverry v. Tri-Ag Service, Inc., 993 P.2d 366 (Calif. 2000). Etcheverry was the California Supreme Court’s first opinion on federal preemption of pesticide-related failure to warn claims.

Bayer Wins Pesticide Labeling Lawsuit Read More »

Feb 11 1994

Pest Management Magazine (1985-1994)

All Publications, Published Articles, Uncategorized / February 11, 1994

Between 1985 and 1994, Larry Ebner wrote dozens of mostly short articles for Pest Management, the magazine published by the National Pest Management Association, which serves and represents the structural pest control industry. Here is a collection of those mostly out-of-date articles.

Pest Management Magazine (1985-1994) Read More »