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 […]
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
Amicus Brief Urges Supreme Court To Limit Nationwide Class Actions Read More »
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
Amicus Brief Supports Meaningful Judicial Review of SEC Constitutional Challenge Read More »
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
Amicus Letter Explains That Federal Law Preempts Roundup® Product Liability Suit Read More »
This week I filed on behalf of DRI-The Voice of the Defense Bar, through its Center for Law and Public Policy, an amicus curiae brief urging the Supreme Court to review a question that is fundamental to civil litigation fairness: When a private party sues a federal contractor for alleged tortious conduct in connection with
The federal AbilityOne Program, administered by the AbilityOne Commission, provides employment opportunities for tens of thousands of people who are blind or severely disabled. These skilled and dedicated individuals work at § 501(c)(3) nonprofit agencies (“NPAs”) that manufacture or provide a wide variety of products or services needed by the federal government. To create and
Supreme Court Urged To Hear Appeal About Saving Jobs For People Who Are Blind Read More »
As I reported in an earlier post, the Supreme Court has agreed to hear Home Depot v. Jackson, No. 17-1471, a case that involves class-action fairness. On November 15 I filed on behalf of DRI-The Voice of the Defense Bar a merits-stage amicus curiae brief urging the Court to enforce the Class Action Fairness Act’s right to remove
Supreme Court Should Restore Level Playing Field For Consumer Class Actions 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 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 »
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
