Flat-Fee Billing Is Better For Clients & Their Lawyers
Why is flat-fee billing better for handling appeals and drafting amicus curiae briefs? Click here to find out why.
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Larry Ebner Quoted About Importance of Supreme Court Climate-Change Case
On January 19, 2021 the U.S. Supreme Court heard oral argument in BP v. Baltimore, a case in which the Atlantic Legal Foundation filed an amicus brief arguing that climate-change damages suits belong – if anywhere – in federal, not state, courts. The case involves a procedural issue which has significant implications regarding whether climate-change suits filed
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Atlantic Legal Foundation Requests California Supreme Court To “Depublish” Proposition 65 Listing Opinion
I was pleased to assist Dan Fisk, Chairman & President of the Atlantic Legal Foundation, with preparation of a request to the Supreme Court of California for “depublication” of a state Court of Appeal opinion holding, in litigation brought by the American Chemistry Council, that the State’s Office of Environmental Health Hazard Assessment (“OEHHA”) did not abuse its discretion
Op-Ed: Appellate Courts Should Welcome Well-Crafted Amicus Briefs
The following Op-Ed, published in Law360 on October 9, 2020, was written by Atlantic Legal Foundation Senior Vice President & General Counsel and Capital Appellate Advocacy founder Larry Ebner. Amicus curiae, or friend of the court, briefs have become a routine part of federal appellate practice. Hundreds of them are filed every year in the
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U.S. Agrees That Appealability of Federal Contractors’ Derivative Sovereign Immunity Defense Warrants Supreme Court Review
If a federal contractor can establish that it is entitled to “derivative sovereign immunity” when hit with personal injury litigation for carrying out the government’s work, is it immune from suit or merely protected from liability? And if a federal district court denies a motion to dismiss that is based on derivative sovereign immunity, is
Will Stare Decisis Save a Woman’s Right To Abortion?
For more than a year, Supreme Court Justices have been fiercely debating the proper role of stare decisis—adherence to precedent. They have engaged in this debate in cases that involved whether to overturn Supreme Court precedents on a variety of subjects. See Supreme Court Justices Continue To Debate When To Overturn “Bad” Precedent & Starry,
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D.C. Circuit’s Flynn Ruling Restores Sanity To the Role of Amicus Curiae
In an unequivocal ruling, the D.C. Circuit court of appeals on June 24 “order[ed] the district court to grant the government’s Rule 48(a) motion to dismiss the charges against [General Michael] Flynn.” Quoting D.C. Circuit precedent, the court’s 2 to 1 majority opinion explains that “decisions to dismiss pending criminal charges—no less than decisions to
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9th Circuit Herbicide Decision Is Stuck In the Weeds
It’s no surprise that the U.S. Court of Appeals for the Ninth Circuit is anti-pesticide activists’ favorite appellate court. On June 3, for example, a three-judge Ninth Circuit panel issued an opinion that second-guesses—and vacates—U.S. EPA’s 2018 renewal of the conditional registrations for dicamba, a herbicide that farmers use to produce tens of millions of
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EPA Issues COVID-19 Advisory About False & Misleading Disinfectant Claims
The U.S. Environmental Protection Agency (EPA) appears to be acting responsibly in connection with pesticidal products that falsely claim to kill or prevent the spread of coronavirus on inanimate surfaces such as countertops, bathroom fixtures, and door handles. EPA—which regulates the labeling, sale, and use of surface disinfectants— recently announced that it has been “receiving
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Flynn Case “Friend” Cannot Act As 11th-Hour Prosecutorial Intermeddler
LAW 360 PUBLISHED THE FOLLOWING OP-ED ON MAY 20, 2020 UNDER THE TITLE “FLYNN JUDGE SHOULD NOT CHANGE ROLE OF AMICUS CURIAE,” AND IS POSTED HERE WITH PERMISSION Law360 (May 20, 2020, 5:50 PM EDT) — As I wrote last week [Law360, May 15, 2020], U.S. District Judge Emmet G. Sullivan’s May 13 appointment of
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