Widely Read Op-Ed Urges Eliminating Amicus Consent Requirement In Federal Appeals Courts

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

When the Supreme Court announced that effective January 1, 2023, it no longer will require the parties’ consent, or the Court’s permission, to file an amicus brief, Capital Appellate Advocacy founder Larry Ebner posted a short alert about this development on LinkedIn. After that alert – which proposed that that the same requirement be eliminated […]

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Big Law-less

Commentary, News /

I went “Big Law-less” 6 yrs ago this month. Ironically, my professional independence has enabled me to interact with many more superb appellate specialists at Big Law firms than ever before – as well as with dozens of outstanding appellate attorneys in smaller, boutique, and solo-practice law firms, and at free-enterprise & individual-liberty advocacy organizations.

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Justices Should Give Feds’ Roundup Amicus Little Weight

All Publications, Commentary, Federal Preemption, Published Articles, US Supreme Court /

Law360 has published my sharply critical Expert Analysis of the amicus brief that the U.S. Solicitor General recently submitted to the Supreme Court in Monsanto Co. v. Hardeman, No. 21-241. My analysis explains that – “From the perspective of product liability defense attorneys, the brief from the solicitor general is a transparently partisan, short-sighted effort to

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Welcome News! The Supreme Court Proposes to Ditch the Amicus Brief Consent Requirement

All Publications, Amicus Strategy & Procedure, Commentary, Published Articles, US Supreme Court /

The Supreme Court recently proposed to eliminate the requirement to obtain the parties’ consent, or the Court’s permission, to file an amicus brief. I have written a short insight piece for DRI’s new online publication, The Brief Case, about this important development. My article raises a fundamental point about amicus briefs: Since the purpose of

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Thought-Provoking Federalist Society Lawyers Convention

Commentary, News /

I was delighted to attend The Federalist Society’s National Lawyers Convention in Washington, DC on November 11-13, 2021 at the Mayflower Hotel. This year’s theme—“Public and Private Power: Preserving Freedom or Preventing Harm?”—covered  many current issues expertly addressed from both legal and policy perspectives by prominent federal appellate judges, law professors, and advocacy organizations. The

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Hispanic-Americans May Be the Real Victims of the Flanax Litigation

All Publications, Commentary, Published Articles /

The following commentary was originally published by Jurist on November 5, 2021. My client, Jamie Belcastro, a registered pharmacist, started Belmora LLC, a small, Virginia-based company that sells nonprescription Flanax pain relief products, about 20 years ago. For much of this time Bayer AG, the multinational pharmaceutical corporation headquartered in Germany—whose gross revenues approach $

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NYC Climate Change Suit Melts in Second Circuit

Atlantic Legal Foundation, Commentary, Federal Courts of Appeals, US Supreme Court /

Multi-faceted regulation of U.S. businesses and industries for the ostensible purpose of preventing, mitigating, or remediating “man-made climate change” is one of the biggest threats confronting free enterprise today. It is a subject which not only requires the application of sound science, but also one that should be left to the political branches of the

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