It’s hard to believe that I began working out three times per week with Greg Raleigh, Fitness Center Manager of the University Club of Washington, D.C., a quarter century ago. Back then, when I was in my mid 40’s, I honestly had no idea what a personal trainer could do for me. Now, I can’t […]
Greg Raleigh & Me — 3,000 Workouts Read More »
Who would have guessed when I graduated from Harvard Law School in June 1972 that my 45th class reunion in October 2017 would coincide with that institution’s Bicentenntial celebration? The event began with a roundtable discussion among Dean John Manning and six current/former Supreme Court Justices, all of whom are Harvard Law School alumni. No
Six Supreme Court Justices Reminisce Read More »
After almost eight years of consolidated, multidistrict, pretrial proceedings—including massive jurisdictional discovery and a succession of dispositive motions and appeals—Judge Roger W. Titus of the U.S. District Court of the District of Maryland on July 19, 2017 dismissed in its entirety the “Burn Pit” toxic-tort multidistrict litigation. The primary defendant, Kellogg Brown & Root Services,
Federal Court Won’t Second-Guess U.S. Military Combat-Zone Decisions Read More »
FIFRA is the comprehensive federal statute that for the past 70 years has regulated “pesticides”—a term which encompasses a broad range of agricultural, professional, industrial, and consumer pest control products. One of the most persistent as well as hotly contested areas of pesticide regulation involves the subject of “preemption”—the supremacy of federal law over
Is It Finally Time To Fix FIFRA Preemption? Read More »
In a feature article published on July 14, Bloomberg Law/BNA Federal Contracts Report turned to Capital Appellate Advocacy founder Larry Ebner for insight on “battlefield contractor” immunity defenses and case law growing out of U.S. military operations in Iraq and Afghanistan. According to Ebner, the D.C. Circuit’s 2009 decision in Saleh v. Titan Corp. is
Battlefield Contractor Immunity Article Quotes Larry Ebner Read More »
In a 2-1 decision issued on June 30, the D.C. Circuit court of appeals has allowed the continued use of cyantraniliprole (“CTP”)—which is classified by EPA as a reduced-risk agricultural insecticide—despite EPA’s undisputed failure to comply with Endangered Species Act (“ESA”) requirements to make an endangered/threatened species “effects” determination and consult with federal wildlife agencies. The declaratory
Hollow Victory for Anti-Pesticide Groups Read More »
The Daily Caller’s June 12 headline declares that “Justice Gorsuch’s First SCOTUS Opinion Is Super Boring.” Not so! Justice Gorsuch is off to a rousing start by transforming what sounds like a super-boring topic—the meaning of “debt collector” under the Fair Debt Collection Practices Act—into an opinion that from the first phrase of the first sentence
Justice Gorsuch’s Exciting First Opinion Read More »
On June 5 the Supreme Court issued two unanimous opinions that are elegantly straightforward. In Town of Chester, New York v. Laroe Estates, Inc., the Court held that an intervenor of right under Federal Rule of Civil Procedure 24(a)(2) must meet Article III standing requirements in order to pursue relief (such as a separate money
Two Supreme No-Brainers Read More »
The Supreme Court’s May 30 opinion in BNSF Railway Co. v. Tyrrell reaffirms that a State’s court system cannot exercise “general” or “all-purpose” personal jurisdiction over a corporation unless the company is incorporated in that State, has its principal place of business in that State, or otherwise is “at home” in that State. See Daimler
Supreme Court Derails Forum Shoppers Read More »
On April 17 the Supreme Court — in its final Order prior to Justice Neil Gorsuch’s inaugural session — declined to review the constitutionality of New York Judiciary Law § 470. Under that law, as recently interpreted by the New York Court of Appeals, a New York bar member residing anywhere other than in New York
Supreme Court Won’t Review Discriminatory Law-Practice Statute Read More »
