Ninth Circuit Should Affirm Dismissal of “Carbon Neutral” False Advertising Suit

ALF Amicus Briefs, All Amicus Briefs, Federal Courts of Appeals /

To support “carbon neutral” claims for its Vuse-brand e-cigarettes, R.J. Reynolds Vapor Co. relied in part on its purchase of carbon-offset credits. The credits and their underlying carbon-offset projects were certified by an independent, nonprofit organization, Verra, under its scientifically rigorous Verified Carbon Standard (VCS) Program—the world’s most widely used greenhouse gas crediting program. Three

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Testimony Before U.S. Judicial Conference Advisory Committee on Appellate Rules

Amicus Strategy & Procedure, Atlantic Legal Foundation, Federal Courts of Appeals, Presentations /

On February 14, 2025 the U.S. Judicial Conference’s Advisory Committee on Appellate Rules heard testimony via Teams on proposed amendments to Federal Rule of Appellate Procedure 29.  The proposed amendments would (i) expand the funding-related disclosure requirements set forth in Rule 29(a)(4)(E), and (ii) eliminate the filing of court of appeals amicus briefs with the

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ALF Advocates Broad View of “Statutory Standing” To Challenge Federal Regulatory Actions

ALF Amicus Briefs, Federal Courts of Appeals, US Supreme Court /

The Supreme Court has granted certiorari in FDA v. R.J. Reynolds Vapor Co., No. 23-1187, to decide whether a federally regulated product’s manufacturer and retailers can join together, in a single federal court of appeals, to challenge a final agency action that impairs their shared commercial interests.  On behlaf of ALF, I have authored a merits-stage

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ALF Again Argues That “Drug Price Negotiation Program” Is Unconstitutional

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Courts of Appeals /

The Inflation Reduction Act’s highly politicized, misleadingly named, “Drug Price Negotiation Program,” 42 U.S.C. § 1320f et seq., is a form of government-imposed price control. Under the Program, the Centers for Medicare & Medicaid Services (CMS) selects certain “negotiation-eligible” brand-name drugs. Following a supposed “negotiation” and “agreement” with its manufacturer, each such drug can be sold within

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ALF Urges U.S. Judicial Conference To Reject Amicus Brief Rules Change

Amicus Strategy & Procedure, Atlantic Legal Foundation, Federal Courts of Appeals /

The U.S. Judicial Conference’s Advisory Committee on Appellate Rules has proposed amendments to Federal Rule of Appellate Procedure 29 that would hinder, rather than facilitate, the filing of amicus curiae (“friend of the court”) briefs in federal courts of appeals. Currently, Rule 29(a) permits organizations such as ALF to file a merits-stage amicus brief in a federal

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Third Circuit Roundup® Ruling Is Roadmap For Preemption Of Failure-To-Warn Claims

All Publications, Commentary, Federal Courts of Appeals, Federal Preemption, Published Articles /

AT LAST! A federal court of appeals has correctly interpreted and applied the “parallel requirements” exception to federal preemption of pesticide-related failure-to-warn claims. Read my Law360 Expert Analysis of the Third Circuit’s August 15, 2024 decision in Schaffner v. Monsanto.

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U.S. Judicial Conference’s Proposed Amicus Brief Amendments Are Unfriendly To The Civil Defense Bar

All Publications, Amicus Strategy & Procedure, Commentary, Federal Courts of Appeals, Published Articles /

FDCC’s “Friday 5” newsletter for August 30 includes my article discussing why the U.S. Judicial Conference’s Proposed Amicus Brief Amendments Are Unfriendly To The Civil Defense Bar. The article explains that the pending proposal to amend Federal Rule of Appellate Procedure 29 would require all non-governmental amicus briefs submitted to federal courts of appeals to

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ALF Amicus Brief Supports Constitutional Challenge To Medicare “Drug Price Negotiation Program”

ALF Amicus Briefs, All Amicus Briefs, Federal Courts of Appeals /

The Inflation Reduction Act’s highly politicized, misleadingly named, “Drug Price Negotiation Program” is a form of government-imposed price control. Under the Program, the Centers for Medicare & Medicaid Services selects certain “negotiation-eligible” brand-name drugs. Following a supposed “negotiation” and “agreement” with its manufacturer, each such drug can be sold within the enormous Medicare/Medicaid system only

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Ebner Quoted On U.S. Judicial Conference Amicus Rule Proposal

Amicus Strategy & Procedure, Appellate Practice, Commentary, Federal Courts of Appeals /

On June 4, 2024 the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure decided to solicit public comment on proposed amendments to Federal Rule of Appellate Procedure 29 concerning the filing of amicus curiae briefs in federal courts of appeals. The amendments in part would require all court of appeals amicus briefs to

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amicus brief commentary

Requiring Leave To File Amicus Briefs Is A Bad Idea

All Publications, Amicus Strategy & Procedure, Appellate Practice, Commentary, Federal Courts of Appeals, Published Articles /

The U.S. Judicial Conference’s Advisory Committee on Appellate Rules is considering a proposal to amend Federal Rule of Appellate Procedure 29(a) by requiring that a motion for leave be filed with all non-governmental amicus briefs in federal courts of appeals. In other words, if the proposed amendment were adopted, obtaining the parties’ consent to the

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