On January 16, 2026, the Supreme Court granted certiorari in Monsanto Co. v. Durnell (24-1068) to address the following question: “Whether the Federal Insecticide, Fungicide, and Rodenticide Act [FIFRA] preempts a label-based failure-to-warn claim where EPA has not required the warning.” The answer to this question could result in dismissal of tens of thousands of […]
My FIFRA Preemption Journey Read More »
I recently was an unsuccessful candidate for a DRI National Director spot. But I feel like a WINNER! Read my Member Spotlight article in the November 2025 edition of DRI’s The Voice newsletter to find out why.
I Lost the Election but Feel Like a Winner Read More »
Kristin Calve, Editor & Publisher at the Corporate Counsel Business Journal, recently interviewed ALF Chairman & President Dan Fisk and Executive Vice President & General Counsel Larry Ebner about the use of amicus curiae briefs— specifically, why in-house litigation managers should “think amicus” whenever their company is involved in an appeal, or when they become aware of appeals involving legal issues that are
In-House Litigation Managers Should “Think Amicus” Read More »
Commentary by Lawrence S. Ebner The Supreme Court needs to end the plague of Roundup personal injury litigation, which during the past 10 years has infected our civil justice system and undermined federal regulation of pesticides. As the Atlantic Legal Foundation explained in a recent amicus brief, the pending certiorari petition in Monsanto Company v. Durnell (No. 24-1068)
Ending the Plague of Roundup Litigation Read More »
In my article titled Five Myths About Appellate Lawyers, published in the February 2025 edition of DRI’s For The Defense magazine, I debunk the following myths: Read my article to find out why each of these statements is wrong!
Five Myths About Appellate Lawyers Read More »
AT LAST! A federal court of appeals has correctly interpreted and applied the “parallel requirements” exception to federal preemption of pesticide-related failure-to-warn claims. Read my Law360 Expert Analysis of the Third Circuit’s August 15, 2024 decision in Schaffner v. Monsanto.
Third Circuit Roundup® Ruling Is Roadmap For Preemption Of Failure-To-Warn Claims Read More »
FDCC’s “Friday 5” newsletter for August 30 includes my article discussing why the U.S. Judicial Conference’s Proposed Amicus Brief Amendments Are Unfriendly To The Civil Defense Bar. The article explains that the pending proposal to amend Federal Rule of Appellate Procedure 29 would require all non-governmental amicus briefs submitted to federal courts of appeals to
The U.S. Judicial Conference’s Advisory Committee on Appellate Rules is considering a proposal to amend Federal Rule of Appellate Procedure 29(a) by requiring that a motion for leave be filed with all non-governmental amicus briefs in federal courts of appeals. In other words, if the proposed amendment were adopted, obtaining the parties’ consent to the
Requiring Leave To File Amicus Briefs Is A Bad Idea Read More »
By Lawrence Ebner, Founder, Capital Appellate Advocacy PLLC Published in Friday Fives, Federation of Defense & Corporate Counsel Filing amicus curiae briefs is a well-accepted part of practicing before the Supreme Court, federal courts of appeals, and many state appellate courts. If you really want to be a “friend of the court” — if you
Three BIG Amicus Brief Mistakes Read More »
As a Big Law alumnus who writes and reads a lot of amicus briefs, I’m neither impressed nor surprised by a newly published statistical analysis, Ideological Leanings in Likely Pro Bono BigLaw Amicus Briefs in the United States Supreme Court, Harv. J.L. & Pub. Pol’y Per Curiam (Winter 2024). The analysis, conducted by Prof. Derek
Amicus Brief-Based Analysis of Big Law Firms’ Ideological Leanings Proves Little Read More »
