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

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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 Urges Supreme Court To Rule On Federal Contractor Right To Immediately Appeal Immunity-From-Suit

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This week I filed on behalf of DRI-The Voice of the Defense Bar, through its Center for Law and Public Policy, an amicus curiae brief urging the Supreme Court to review a question that is fundamental to civil litigation fairness: When a private party sues a federal contractor for alleged tortious conduct in connection with

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Supreme Court Urged To Hear Appeal About Saving Jobs For People Who Are Blind

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The federal AbilityOne Program, administered by the AbilityOne Commission, provides employment opportunities for tens of thousands of people who are blind or severely disabled. These skilled and dedicated individuals work at § 501(c)(3) nonprofit agencies (“NPAs”) that manufacture or provide a wide variety of products or services needed by the federal government. To create and

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Supreme Court Should Restore Level Playing Field For Consumer Class Actions

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As I reported in an earlier post, the Supreme Court has agreed to hear  Home Depot v. Jackson, No. 17-1471, a case that involves class-action fairness. On November 15 I filed on behalf of DRI-The Voice of the Defense Bar a merits-stage amicus curiae brief urging the Court to enforce the Class Action Fairness Act’s right to remove

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DRI Files Amicus Brief Urging Supreme Court To Review Class-Action Fairness Issue

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Class actions have become a lucrative business for the plaintiffs’ bar. National corporate defendants sometimes settle even frivolous claims for substantial amounts, especially in plaintiff-friendly state courts. To curb state-court class-action abuses, the Class Action Fairness Act (“CAFA”) expressly authorizes “any defendant” to remove (i.e., transfer) a qualifying class action from state court to federal court,

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France Urges Supreme Court To Overturn California’s Foie Gras Ban

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I recently had the honor of authoring an amicus brief for the Republic of France relating to federal preemption and France’s product identity and ingredient standards. French law declares that foie gras (specially fattened duck or goose liver) is part of France’s “protected cultural and gastronomic heritage.” To produce foie gras, ducks and geese are

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Government Contractor Groups Urge Supreme Court To Enforce High Hurdle For Would-Be Whistleblowers

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The nation’s three leading  government contractor organizations—The Coalition for Government Procurement, the National Defense Industrial Association, and the Professional Services Council—are jointly urging the Supreme Court to clarify the “particularity” with which a False Claims Act qui tam relator must allege fraud in order to survive a motion to dismiss. The groups’ amicus curiae brief, authored by Capital

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Defense Industry Groups Urge Federal Appeals Court To Respect U.S. Military’s Wartime Judgments

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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

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DRI Brief Urges Supreme Court To Enforce Antitrust Statute Of Limitations

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DRI-The Voice of the Defense Bar has filed an amicus brief in the U.S. Supreme Court supporting the certiorari petition in Ferrellgas Partners, L.P. v. Morgan-Larson, LLC, No. 17-441.  In its brief, DRI urges the Supreme Court to grant review and clarify the scope and application of the “continuing violation doctrine” insofar as it applies to

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In-House Bar Urges Supreme Court To Apply State Ethical Standards To Federal Prosecutors

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Capital Appellate Advocacy founder Lawrence S. Ebner has filed an amicus curiae brief on behalf of the Association of Corporate Counsel urging the Supreme Court to overturn a Tenth Circuit ruling holding that a New Mexico professional conduct rule does not apply to federal prosecutors who subpoena lawyers to provide grand jury testimony about current and former clients.  The

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