Abu Ghraib Contractor Still Faces Potential Tort Liability for Alleged Detainee Abuse

The Iraq War is still being fought, but in the federal courts rather than on foreign battlefields.  On October 21, 2016, a panel of the U.S. Court of Appeals for the Fourth Circuit issued what is probably the most refined and nuanced opinion of any federal court on the question of whether the political question […]

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Strategic Use of Amicus Briefs in Appellate Advocacy

On April 19, 2016, Larry Ebner, along with Robin Conrad, Averil Rothrock, and M.C. Sungaila, presented a Strafford webinar on amiucs brief strategy, preparation, and procedures in the U.S. Supreme Court, federal courts of appeals, and state appellate courts.  

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Fourth Circuit Refines Rockwell Public-Disclosure Bar Analysis

In United States ex rel. Beauchamp v. ACADEMI Training Center, the U.S. Court of Appeals for the Fourth Circuit recently vacated dismissal of a False Claims Act (FCA) qui tam suit on the ground that the trial court improperly applied the Supreme Court’s holding in Rockwell International Corp. v. United States, 549 US 457 (2007).

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What the Fourth Circuit Will Address in the Abu Ghraib Case

Law360 “Expert Analysis” by Lawrence S. Ebner & Lisa N. Himes (published Sept. 24, 2015) The Iraq war is still being fought in U.S. courtrooms. Federal courts of appeals and district courts continue to struggle with the fundamental question of whether, or to what extent, government contractors can be held liable under state tort law for

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