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Testimony Before U.S. Judicial Conference Advisory Committee on Appellate Rules

Amicus Strategy & Procedure, Atlantic Legal Foundation, Federal Courts of Appeals, Presentations /

On February 14, 2025 the U.S. Judicial Conference’s Advisory Committee on Appellate Rules heard testimony via Teams on proposed amendments to Federal Rule of Appellate Procedure 29.  The proposed amendments would (i) expand the funding-related disclosure requirements set forth in Rule 29(a)(4)(E), and (ii) eliminate the filing of court of appeals amicus briefs with the […]

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ALF Urges U.S. Judicial Conference To Reject Amicus Brief Rules Change

Amicus Strategy & Procedure, Atlantic Legal Foundation, Federal Courts of Appeals /

The U.S. Judicial Conference’s Advisory Committee on Appellate Rules has proposed amendments to Federal Rule of Appellate Procedure 29 that would hinder, rather than facilitate, the filing of amicus curiae (“friend of the court”) briefs in federal courts of appeals. Currently, Rule 29(a) permits organizations such as ALF to file a merits-stage amicus brief in a federal

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U.S. Judicial Conference’s Proposed Amicus Brief Amendments Are Unfriendly To The Civil Defense Bar

All Publications, Amicus Strategy & Procedure, Commentary, Federal Courts of Appeals, Published Articles /

FDCC’s “Friday 5” newsletter for August 30 includes my article discussing why the U.S. Judicial Conference’s Proposed Amicus Brief Amendments Are Unfriendly To The Civil Defense Bar. The article explains that the pending proposal to amend Federal Rule of Appellate Procedure 29 would require all non-governmental amicus briefs submitted to federal courts of appeals to

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Ebner Quoted On U.S. Judicial Conference Amicus Rule Proposal

Amicus Strategy & Procedure, Appellate Practice, Commentary, Federal Courts of Appeals /

On June 4, 2024 the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure decided to solicit public comment on proposed amendments to Federal Rule of Appellate Procedure 29 concerning the filing of amicus curiae briefs in federal courts of appeals. The amendments in part would require all court of appeals amicus briefs to

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District Court Amicus Briefs Can Be A Useful Resource

Amicus Strategy & Procedure, Commentary /

Nyah Phengsitthy, Health Reporter at Bloomberg Law, has written an informative and insightful article, titled Wave of Amicus Briefs Back Drug Price Plan at Trial Court Stage, about the role that district court amicus briefs are playing in ongoing litigation challenging the Medicare Drug Price Negotiation Program. As reflected in her article, Nyah reached out

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amicus brief commentary

Requiring Leave To File Amicus Briefs Is A Bad Idea

All Publications, Amicus Strategy & Procedure, Appellate Practice, Commentary, Federal Courts of Appeals, Published Articles /

The U.S. Judicial Conference’s Advisory Committee on Appellate Rules is considering a proposal to amend Federal Rule of Appellate Procedure 29(a) by requiring that a motion for leave be filed with all non-governmental amicus briefs in federal courts of appeals. In other words, if the proposed amendment were adopted, obtaining the parties’ consent to the

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Three BIG Amicus Brief Mistakes

All Publications, Amicus Strategy & Procedure, Commentary, Published Articles /

By Lawrence Ebner, Founder, Capital Appellate Advocacy PLLC Published in Friday Fives, Federation of Defense & Corporate Counsel Filing amicus curiae briefs is a well-accepted part of practicing before the Supreme Court, federal courts of appeals, and many state appellate courts. If you really want to be a “friend of the court” — if you

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Webinar: How To Write and Use Amicus Briefs Strategically

Amicus Strategy & Procedure, News, Presentations /

On March 4, 2024, Larry Ebner presented a webinar for the Dartmouth Lawyers Association on How To Write and Use Amicus Briefs Strategically. Interviewed by DLA Treasurer Hilary B. Miller, Larry, a 1969 Dartmouth College graduate, covered key questions from the viewpoints of both amicus brief authors and parties seeking amicus support. For example— Click

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Amicus Briefs Do Not Require Disqualification Of Supreme Court Justices

Amicus Strategy & Procedure, Commentary, DRI, Federal Courts of Appeals, US Supreme Court /

On November 13, 2023, the Justices of the Supreme Court of the United States issued a self-enforcing Code of Conduct applicable to themselves. The Code of Conduct section titled Disqualification includes the following statement: “Neither the filing of a brief amicus curiae nor the participation ofcounsel for amicus curiae requires a Justice’s disqualification” This statement

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A Solution In Search of a Problem?

Amicus Strategy & Procedure, Commentary /

I am a steadfast advocate for keeping junk science out of courtrooms—for federal judges fulfilling their expert testimony gatekeeper role under Federal Rule of Evidence 702. But should Rule 702’s reliability criteria, which are traceable to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), formally apply to amicus briefs that contain scientific or

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