Anyone interested in constitutional law or the subject of federal preemption of state law should read the Supreme Court’s recent opinion in Armstrong v. Exceptional Child Center, Inc., No. 14-15. The Court held, in an opinion authored by Justice Scalia, that the Constitution’s Supremacy Clause, Art. VI, cl.2, “creates a rule of decision” — courts “must not […]
Supreme Opinion on the Supremacy Clause Read More »
When is a “question presented” actually presented to the Supreme Court? The Justices debated that issue in Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014). Click here to read more.
Untangling “A Little Snag” At the Supreme Court Read More »
Most of the commentary on the Supreme Court’s June 9, 2014 decision in CTS Corp. v. Waldburger, No. 13-339, has focused on the holding that CERCLA does not preempt state statutes of repose which, after a set number of years, extinguish environmental and toxic tort claims—even if the plaintiff-friendly state statute of limitations that § 9658 of CERCLA mandates has not
Supreme Court Still Divided Over How To Interpret Express Preemption Provisions Read More »
Law360 interviewed Larry Ebner about his appellate litigation practice. Read the interview here.
Q & A With Larry Ebner Read More »
An article written by Daniel Fisher at Forbes.com quotes Larry Ebner about the significance of Food and Drug Administration approval of label warnings that are alleged to be inadequate in failure-to-warn suits. “The Supreme Court seems to make it more confusing every time it issues one of these decisions,” Ebner said.
Ebner Quoted On FDA Drug Preemption Read More »
Chemical Week magazine quotes Larry Ebner on his FIFRA preemption pesticide labeling victory before the California Supreme Court in Etcheverry v. Tri-Ag Service, Inc., 993 P.2d 366 (Calif. 2000). Etcheverry was the California Supreme Court’s first opinion on federal preemption of pesticide-related failure to warn claims.
Bayer Wins Pesticide Labeling Lawsuit Read More »
