The following Op-Ed, published in Law360 on October 9, 2020, was written by Atlantic Legal Foundation Senior Vice President & General Counsel and Capital Appellate Advocacy founder Larry Ebner. Amicus curiae, or friend of the court, briefs have become a routine part of federal appellate practice. Hundreds of them are filed every year in the […]
Op-Ed: Appellate Courts Should Welcome Well-Crafted Amicus Briefs Read More »
Does your association focus on legal, legislative, regulatory, or public policy issues? If so, amicus curiae (“friend of the court”) briefs should be part of your advocacy program. This Five-Minute Guide to Trade Association Amicus Briefs explains the amicus brief basics that every association should know. What Is an Amicus Brief? Amicus curiae briefs are
Five-Minute Guide To Trade Association Amicus Briefs Read More »
On June 25, 2020, during the Covid-19 pandemic, INBLF hosted an online webinar, Litigation In a Brave (Virtual) New World. My presentation, “The Virtual Appellate Advocate,” discussed how federal appellate courts and appellate advocates were coping with the pandemic. Watch my presentation here.
The Virtual Appellate Advocate Read More »
It’s no surprise that the U.S. Court of Appeals for the Ninth Circuit is anti-pesticide activists’ favorite appellate court. On June 3, for example, a three-judge Ninth Circuit panel issued an opinion that second-guesses—and vacates—U.S. EPA’s 2018 renewal of the conditional registrations for dicamba, a herbicide that farmers use to produce tens of millions of
9th Circuit Herbicide Decision Is Stuck In the Weeds Read More »
This post was reprinted on January 27, 2020 by the Washington Legal Foundation under the title “No Redress: Future Generations’ Overheated Climate-Related Suit Doesn’t Stand” Ninth Circuit Holds That “Kids’ Suit” Plaintiffs Lack Standing On January 17, 2020, climate-change activists ran into a man-made constitutional roadblock called the separation of powers. A Ninth Circuit panel
Climate Alarmists’ “Kids’ Suit” Barred By Separation of Powers Read More »
Trade associations and professional organizations do not have to sit on the sidelines while the Supreme Court or lower appellate courts consider legal issues that may significantly affect their members. Amicus curiae (“friend of the court”) briefs give entire industries and professions a direct line of communication to appellate courts on the policy implications and practical
Make Amicus Briefs Part of Your Advocacy Program Read More »
Congratulations to Chris Shiplett of Randolph Law PLLC in Falls Church, Virginia. On May 8, Chris won a favorable judgment from the U.S. Court of Appeals for the Fourth Circuit on behalf of his client, Akira Technologies, Inc., in an appeal involving the “bad faith” standard for obtaining attorney fees under the federal Defend Trade
Trial & Appellate Lawyers’ Teamwork Produces Fourth Circuit Victory Read More »
The long-running legal battle between CACI International and Iraqi nationals who seek to hold that government contractor liable for abuses they suffered at the hands of certain U.S. military personnel at Abu Ghraib prison during Operation Iraqi Freedom is now back for another visit to the U.S. Court of Appeals for the Fourth Circuit. An
San Francisco’s “Sugar-Sweetened Beverage Warning Ordinance” was too much to swallow even for the Ninth Circuit. On January 31 the court issued an en banc ruling requiring that the ordinance be preliminarily enjoined on the ground that its mandatory warning about the alleged health effects of sugary soft drinks chills commercial free speech, and thus,
Sweet Victory for Free Speech Read More »
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 »
