According to a year-end press release, the U.S. Department of Justice “obtained more than $2.8 billion in settlements and judgments from civil cases involving fraud and false claims against the government in the fiscal year ending Sept. 30, 2018.” Significantly, $2.1 billion of that $2.8 billion (i.e., about 75%) are attributable to suits filed by whistleblower […]
DOJ Bounty-Hunter Stats Fuel Whistleblower Filings Read More »
Today’s unanimous Supreme Court opinion in Weyerhauser Co. v. U.S. Fish and Wildlife Service, No. 17-71, empowers federal courts to exercise greater scrutiny over how federal agencies administer the Endangered Species Act (“ESA”). Under the ESA, the Fish and Wildlife Service (“FWS”)—the Interior Department unit responsible for administering part of the ESA—must designate the “critical habitat”
Supreme Court Endangered Frog Opinion Gives Federal Wildlife Agency Reason To Croak Read More »
Class actions are big business for the plaintiffs bar. Lawyers have a better chance of pocketing enormous, disproportionate, attorney fee awards if they can litigate, or force settlement of, consumer class actions in plaintiff-friendly state courts. Congress enacted the Class Action Fairness Act (CAFA) in 2005 to help curb state-court class action abuses. One of
Supreme Court Will Review Unfair Class Action Tactic Read More »
Late last year the U.S. Supreme Court instituted a new electronic filing system. Among other things, anyone with a computer, tablet, or cell phone now can access newly filed petitions and briefs. Simply search the Court’s online docket for a particular case, click on its docket number, scroll through the hyperlinked docket entries, and read,
The REAL Supreme Court Bar Read More »
Effective use of amicus curiae (“friend of the court”) briefs is an important part of appellate practice in federal and state courts. Every lawyer who is handling or managing an appeal should “think amicus.” In other words, think about whether submission of one or more amicus briefs would be helpful to your client’s position. Thinking
After almost a decade of jurisdictional discovery, pretrial motions, and appeals, the U.S. Court of Appeals for the Fourth Circuit has affirmed dismissal of the “Burn Pit” multidistrict personal injury litigation on the ground that it is barred by the political question doctrine. The litigation encompassed 63 separate complaints, including 44 putative nationwide class actions.
Federal Appeals Court Extinguishes Burn Pit Litigation Against Combat-Zone Contractor Read More »
The D.C. Circuit’s recent opinion in Federal Trade Commission v. Boehringer Ingelheim Pharmaceuticals, Inc., No. 16-53556 (June 19, 2018), illustrates Supreme Court nominee Brett Kavanaugh’s exceptionally clear writing style. Occupying only six pages, Judge Kavanaugh’s lucid opinion concisely summarizes and applies existing D.C. Circuit precedent—primarily his prior opinion in In re Kellogg Brown & Root, Inc.,
Recent Opinion Exemplifies SCOTUS Nominee Kavanaugh’s Lucid Legal Writing Read More »
The proliferation of amicus curiae (friend-of-the-court) briefs in federal and state appellate courts—particularly in the U.S. Supreme Court—repeatedly raises the question of how much will an amicus brief cost? For most industry groups and other organizations interested in filing amicus briefs, my answer, as an appellate specialist who practices independently, is “less than you might expect—a
Trade Associations Want to Know: How Much Does an Amicus Brief Cost? Read More »
The so-called “Calexit” secession initiative not only is nonsensical, but also superfluous. California in many ways already acts as if it were its own sovereign nation, defiant of federal authority and oblivious to the interests of other States. This is federalism on steroids. In early April, Missouri and 10 other States filed an amicus curiae
Who Needs “Calexit”? California Already Pretends It’s A Separate Nation Read More »
Through scholarship, legal expertise, and advocacy, the Center for Law and Public Policy acts as a think tank and public voice for DRI and its 22,000 members on issues of importance to the civil litigation defense bar. As Chair of the DRI Amicus Committee, I am privileged to be part of the Center’s leadership. We met at DRI
DRI Center for Law & Public Policy Focuses on Civil Justice Read More »
