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 […]
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
DRI Brief Urges Supreme Court To Enforce Antitrust Statute Of Limitations Read More »
Capital Appellate Advocacy founder Lawrence S. Ebner has filed an amicus curiae brief on behalf of the Association of Corporate Counsel urging the Supreme Court to overturn a Tenth Circuit ruling holding that a New Mexico professional conduct rule does not apply to federal prosecutors who subpoena lawyers to provide grand jury testimony about current and former clients. The
In-House Bar Urges Supreme Court To Apply State Ethical Standards To Federal Prosecutors Read More »
DRI-The Voice of the Defense Bar has filed an amicus curiae brief in the U.S. Supreme Court to support a brand-name drug manufacturer’s challenge to a California Supreme Court ruling holding that nationwide marketing and distribution activities create enough of a “substantial connection” with California to enable that State’s courts to adjudicate out-of-state plaintiffs’ product liability claims. The DRI brief, filed
DRI Amicus Brief Repudiates California’s Open Invitation To Forum Shoppers Read More »
Lawrence S. Ebner, founder of Capital Appellate Advocacy PLLC, has filed an amicus curiae brief on behalf of the Association of Corporate Counsel supporting the petition for writ of certiorari in Schoenefeld v. Schneiderman, No. 16-780. The certiorari petition requests the U.S. Supreme Court to review the constitutionality of New York Judiciary Law § 470. In
Lawrence S. Ebner filed in the U.S. Supreme Court a merits-stage amicus curiae brief on behalf of DRI-The Voice of the Defense Bar in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513, urging the Court to hold that a willful violation of the False Claims Act’s mandatory seal requirement should result in dismissal
Lawrence S. Ebner filed in the U.S. Supreme Court a certiorari-stage amicus curiae brief on behalf of DRI-The Voice of the Defense Bar in FCA US LLC v. The Center For Auto Safety, No. 15-1211, urging the Court to establish a nationally uniform “good cause” standard for averting the unsealing of court-filed discovery documents containing confidential business
Law360 “Expert Analysis” by Lawrence S. Ebner & Lisa N. Himes (published Sept. 24, 2015) The Iraq war is still being fought in U.S. courtrooms. Federal courts of appeals and district courts continue to struggle with the fundamental question of whether, or to what extent, government contractors can be held liable under state tort law for
What the Fourth Circuit Will Address in the Abu Ghraib Case Read More »
Lawrence S. Ebner filed in the U.S. Supreme Court a merits-stage amicus curiae brief on behalf of DRI-The Voice of the Defense Bar and the Professional Services Council-The Voice of the Government Services Industry in Campbell-Ewald v. Gomez, No. 14-857, on the questions of class-action mootness and derivative sovereign immunity for federal government contractors. Read the brief here.
Lawrence S. Ebner filed in the U.S. Supreme Court a certiorari-stage amicus brief on behalf of DRI-The Voice of the Defense Bar in Dow Chemial Co. v. Industrial Polymers, Inc., No. 14-1091, urging the Court to curb the use of statistical modeling to establish predominance or commonality for class-certification purposes. Read the amicus brief here.
