Proposition 65 Cancer Warning For Glyphosate Held Unconstitutional

Commentary, Federal Courts of Appeals /

OEHHA—the laughable acronym for the California agency responsible for requiring countless businesses to post ubiquitous Proposition 65 warning signs about hundreds of chemicals found in everyday products—has suffered a major defeat in the 9th Circuit. A panel held 2 to 1 that requiring businesses to provide a cancer warning about glyphosate (the active ingredient in […]

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all things amicus

ALF Amicus Brief Explains FRE 702’s Critical Role In Class-Certification Decisions

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

At least as far back as its participation as amicus curiae in the Daubert trilogy of Supreme Court decisions, the Atlantic Legal Foundation (ALF) has been one of the nation’s foremost advocates for ensuring that federal district judges fulfill their “gatekeeper” role under Federal Rule of Evidence 702.  Under Rule 702, federal district judges can admit into evidence, or otherwise rely

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Is A Federal District Judge’s Amicus Invitation To Junior Attorneys A Good Idea?

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

“What could be better than a federal judge’s open invitation that not only offers a junior attorney the incentive to be the principal author of a brie, but also the rare opportunity to present oral argument on behalf of an amicus curiae?” On March 21, 2023, Judge Lee P. Rudofsky of the U.S. District Court

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Larry Ebner Proposes Elimination of Amicus Consent/Permission Requirement In Federal Courts of Appeals

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

On behalf of the DRI Center for Law and Public Policy, Larry Ebner, who chairs the Center, has submitted a letter to the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure recommending that Fed. R. App. P. 29(a) be amended to eliminate the requirement to obtain the parties’ consent, or the court’s permission,

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DRI Public Policy Center Proposes Elimination of Amicus Consent/Permission Requirement In Federal Courts of Appeals

Amicus Strategy & Procedure, DRI, Federal Courts of Appeals /

On behalf of the DRI Center for Law and Public Policy, I have submitted a letter to the Judicial Conference’s Standing Committee recommending that Fed. R. App. P. 29(a) be amended to eliminate the requirement to obtain the parties’ consent, or the court’s permission, for filing amicus briefs. The Center’s recommendation follows the recent elimination

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Widely Read Op-Ed Urges Eliminating Amicus Consent Requirement In Federal Appeals Courts

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

When the Supreme Court announced that effective January 1, 2023, it no longer will require the parties’ consent, or the Court’s permission, to file an amicus brief, Capital Appellate Advocacy founder Larry Ebner posted a short alert about this development on LinkedIn. After that alert – which proposed that that the same requirement be eliminated

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ALF & DRI Argue That Climate-Change Damages Suits Belong in Federal, Not State, Courts

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, DRI, Federal Courts of Appeals, Other Amicus Briefs, State Appellate Courts /

Bolstered by climate-change activists and the plaintiffs’ contingency-fee bar, more than two dozen state and local governments around the nation have filed state-court suits seeking damages from fossil fuel energy companies for allegedly causing, or contributing to, global climate change through greenhouse gas (“GHG”) emissions.  Masquerading as state-law nuisance and trespass suits, they seek “climate

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Amicus Brief Argues That Covid-19 Negligence Suits Belong—If Anywhere—In Federal Court

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

The Covid-19 pandemic has spawned numerous wrongful death and personal injury suits. These suits belong—if anywhere—in federal courts. But vast majority of these suits, which allege negligence and malpractice on the part of hospitals, nursing homes, doctors, and other healthcare professionals, especially during the early months of the pandemic, have been filed in state courts.

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ALF Amicus Brief Argues That Courts, Not Bureaucrats, Should Interpret Federal Regulations

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

The certiorari petition in AMN Services v. Clarke, No. 21-296, presents a Fair Labor Standards Act (FLSA) question about the relationship between per-diem payments for business-related travel and the calculation of overtime pay.  AMN Services, a healthcare temporary staffing company, reduces the amount of per-diem payments for traveling nurses who decline to work all of their

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Panel: Strategic Use of Amicus Briefs In Appellate Litigation

All Publications, Amicus Strategy & Procedure, Federal Courts of Appeals, Presentations, US Supreme Court /

On May 27, I moderated and participated in a lively panel discussion on Strategic Use of Amicus Briefs In Appellate Advocacy.  Steve Lehotsky of  Lehotsky Keller LLP and Richik Sarkar of Dinsmore & Shohl LLP joined me in the discussion, which was part of the DRI Appellate Advocacy Committee’s annual seminar. Amicus curiae briefs have

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