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 »
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 »
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
A Solution In Search of a Problem? Read More »
DC has a zillion talented lawyers. About 180 have been designated 2024 Appellate Super Lawyers. Only 8 of us are solo appellate litigators. Thank you Thomson Reuters for this recognition, with which you honored me every year since 2018!
2024 Appellate Super Lawyers Read More »
As a Big Law alumnus who writes and reads a lot of amicus briefs, I’m neither impressed nor surprised by a newly published statistical analysis, Ideological Leanings in Likely Pro Bono BigLaw Amicus Briefs in the United States Supreme Court, Harv. J.L. & Pub. Pol’y Per Curiam (Winter 2024). The analysis, conducted by Prof. Derek
Amicus Brief-Based Analysis of Big Law Firms’ Ideological Leanings Proves Little Read More »
The Federation of Defense & Corporate Counsel‘s “FDCC Speaks” Podcast Channel provides a series podcasts of “relevant, substantive information and interviews with thought leaders and experts” from among the organization’s membership. FDCC defense counsel member Jennifer Hoffman has been conducting a series of podcasts titled “Get Out of Your Practice,” which asks FDCC members about
FDCC Speaks: Get Out Of Your Practice – Podcast Interview of Larry Ebner Read More »
OEHHA—the laughable acronym for the California agency responsible for requiring countless businesses to post ubiquitous Proposition 65 warning signs about hundreds of chemicals found in everyday products—has suffered a major defeat in the 9th Circuit. A panel held 2 to 1 that requiring businesses to provide a cancer warning about glyphosate (the active ingredient in
Proposition 65 Cancer Warning For Glyphosate Held Unconstitutional Read More »
Molly Martinez of Gray Television – which operates more than 100 local TV stations – recently interviewed me about Acheson Hotels v. Laufer, the “Internet tester” ADA case argued last week before the Supreme Court. Sarah Elizabeth Spencer & I filed an amicus brief in the case on behalf of the Atlantic Legal Foundation. You
TV Interview About Acheson Hotels v. Laufer “Internet Tester” ADA Case Read More »
On September 29, 2023, Law360 published a feature article, ‘Administrative State’ Attacks Soar To High Court Crescendo, previewing the new Supreme Court term. I am among the Supreme Court observers quoted in the article: Rising rancor, a muscle-flexing majority and a jam-packed docket could augur a transformative term for administrative law. The upcoming term “may
