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 »
The Atlantic Legal Foundation long has been the nation’s leading advocate for use of sound science in judicial and regulatory proceedings. ALF’s advocacy in the famous Daubert trilogy of Supreme Court cases significantly contributed to the adoption of the reliability standard incorporated into Federal Rule of Evidence 702, which governs admissibility of testimony by expert witnesses. And ALF’s insistence
It’s Time For Attorneys & Courts To Use the Amended Expert Witness Rule Read More »
It’s a privilege to be chairing DRI’s Center for Law and Public Policy at a time when so many challenges are confronting the civil litigation defense bar. The July/August 2003 edition of DRI’s For The Defense magazine includes a special section on The Center’s activities. Please read my introductory comments.
Moving Forward With DRI’s Center for Law and Public Policy Read More »
Power Points Updated June 2023 In June 2018 I was delighted to have recorded for DRI-The Voice of the Defense Bar an on-demand webinar entitled Friendly Persuasion: Drafting & Using High-Impact Amicus Briefs. The webinar is intended for (i) trade associations, professional organizations, advocacy groups, and individual corporations that are interested in providing – or that get
Friendly Persuasion: Drafting & Using High-Impact Amicus Briefs Read More »
