Update: DRI’s Supreme Court Amicus Program

DRI-The Voice of the Defense Bar files amicus briefs at both the certiorari and merits stages in cases raising legal issues that are exceptionally important to the civil defense bar and its clients.  I have the privilege of serving as Chair of the DRI Amicus Committee, which reviews requests for DRI amicus support.  The attached […]

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DRI Amicus Brief Repudiates California’s Open Invitation To Forum Shoppers

DRI-The Voice of the Defense Bar has filed an amicus curiae brief in the U.S. Supreme Court to support a brand-name drug manufacturer’s challenge to a California Supreme Court ruling holding that nationwide marketing and distribution activities create enough of a “substantial connection” with California to enable that State’s courts to adjudicate out-of-state plaintiffs’ product liability claims.  The DRI brief, filed

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DRI Appoints Larry Ebner Amicus Committee Chair

DRI-The Voice of the Defense Bar has appointed Lawrence S. Ebner to serve as chair of the 22,000-lawyer organization’s Amicus Committee. The Amicus Committee selects U.S. Supreme Court cases for DRI amicus (“friend of the court”) participation. Mr. Ebner is founder of Capital Appellate Advocacy PLLC, a Washington, D.C.-based appellate litigation boutique that represents businesses and industries in high-stakes

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DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief on False Claims Act Qui Tam Seal-Breach Dismissal Issue

Lawrence S. Ebner filed in the U.S. Supreme Court a merits-stage amicus curiae brief on behalf of DRI-The Voice of the Defense Bar in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513, urging the Court to hold that a willful violation of the False Claims Act’s mandatory seal requirement should result in dismissal

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DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief on Protection of Confidential Business Information

Lawrence S. Ebner filed in the U.S. Supreme Court a certiorari-stage amicus curiae brief on behalf of DRI-The Voice of the Defense Bar in FCA US LLC v. The Center For Auto Safety, No. 15-1211, urging the Court to establish a nationally uniform “good cause” standard for averting the unsealing of court-filed discovery documents containing confidential business

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DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief On Class Action Certification Principles

Lawrence S. Ebner filed in the U.S. Supreme Court a certiorari-stage amicus brief on behalf of DRI-The Voice of the Defense Bar in Dow Chemial Co. v. Industrial Polymers, Inc., No. 14-1091, urging the Court to curb the use of statistical modeling to establish predominance or commonality for class-certification purposes.  Read the amicus brief here.

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DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief On State Statutes of Repose

Lawrence S. Ebner filed in  U.S. Supreme Court a merits-stage amicus brief on behalf of DRI-The Voice of the Defense Bar in CTS Corp. v. Waldburger, No. 13-339, on the question of whether a federal preemption provision that expressly refers to state statutes of limitations governing third-party environmental damages suits also applies to state statutes of

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DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief on Supreme Court Review of Class-Certification Decisions

Lawrence S. Ebner filed in the U.S. Supreme Court a certiorari-stage amicus brief on behalf of DRI-The Voice of the Defense Bar in Carpenter Co. v. Ace Foam, Inc., No. 14-577, arguing that the Court has certiorari jurisdiction to review district court class-certification decisions even when a court of appeals has denied Federal Rule of Civil Procedure 23(f) interlocutory

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