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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Larry Ebner Quoted About Importance of Supreme Court Climate-Change Case

All Publications, Atlantic Legal Foundation, Commentary, US Supreme Court /

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

Atlantic Legal Foundation, Commentary, State Appellate Courts /

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

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Op-Ed: Appellate Courts Should Welcome Well-Crafted Amicus Briefs

All Publications, Amicus Strategy & Procedure, Commentary, Federal Courts of Appeals, Published Articles, State Appellate Courts, US Supreme Court /

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

Commentary, DRI, US Supreme Court /

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

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Will Stare Decisis Save a Woman’s Right To Abortion?

Commentary, US Supreme Court /

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

Commentary /

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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