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
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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 »
Two defense industry trade associations – the Professional Services Council and the National Defense Industrial Association – have filed an amicus curiae brief urging the U.S. Court of Appeals for the Fourth Circuit to affirm a federal trial court’s dismissal of the “Burn Pit” battlefield contractor litigation. The amicus brief argues that where, as in the Burn Pit litigation, private-party
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 »
On May 11, 2017 Lawrence S. Ebner, founder of Capital Appellate Advocacy PLLC, will be moderating a panel discussion on “Handling an Appeal When the Government Is a Party.” The panel, part of the Appellate Advocacy Seminar sponsored by DRI-The Voice of the Defense Bar in New Orleans, will feature Mark S. Chenoweth, General Counsel
