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 […]
District Court Amicus Briefs Can Be A Useful Resource Read More »
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
Requiring Leave To File Amicus Briefs Is A Bad Idea Read More »
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
Three BIG Amicus Brief Mistakes Read More »
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
Webinar: How To Write and Use Amicus Briefs Strategically Read More »
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
Amicus Briefs Do Not Require Disqualification Of Supreme Court Justices Read More »
Power Points Updated June 2023 In June 2018 I was delighted to have recorded for DRI-The Voice of the Defense Bar an on-demand webinar entitled Friendly Persuasion: Drafting & Using High-Impact Amicus Briefs. The webinar is intended for (i) trade associations, professional organizations, advocacy groups, and individual corporations that are interested in providing – or that get
Friendly Persuasion: Drafting & Using High-Impact Amicus Briefs Read More »
On June 9, I spoke to about 25 members of the International Network of Boutique and Independent Law Firms (INBLF) at it annual Litigation Fly-In near O’Hare International Airport. Jack Henning of Dillingham & Murphy LLP (San Francisco), and Fly-In participants, grilled me for almost an hour on Strategic Use and Effective Preparation of Amicus
INBLF Litigation Fly-In Covers Broad Range of Topics, Including Amicus Briefs Read More »
“What could be better than a federal judge’s open invitation that not only offers a junior attorney the incentive to be the principal author of a brie, but also the rare opportunity to present oral argument on behalf of an amicus curiae?” On March 21, 2023, Judge Lee P. Rudofsky of the U.S. District Court
Is A Federal District Judge’s Amicus Invitation To Junior Attorneys A Good Idea? Read More »
On behalf of the DRI Center for Law and Public Policy, Larry Ebner, who chairs the Center, has submitted a letter to the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure recommending that Fed. R. App. P. 29(a) be amended to eliminate the requirement to obtain the parties’ consent, or the court’s permission,
On behalf of the DRI Center for Law and Public Policy, I have submitted a letter to the Judicial Conference’s Standing Committee recommending that Fed. R. App. P. 29(a) be amended to eliminate the requirement to obtain the parties’ consent, or the court’s permission, for filing amicus briefs. The Center’s recommendation follows the recent elimination
