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 »
“What could be better than a federal judge’s open invitation that not only offers a junior attorney the incentive to be the principal author of a brie, but also the rare opportunity to present oral argument on behalf of an amicus curiae?” On March 21, 2023, Judge Lee P. Rudofsky of the U.S. District Court
Is A Federal District Judge’s Amicus Invitation To Junior Attorneys A Good Idea? Read More »
Almost all the 3 ½ hours of colloquy at the February 28, 2023 Supreme Court hearing on the student debt relief cases, Biden v. Nebraska, No. 22-506, and U.S. Department of Education v. Brown, No. 22-535, was devoted to two issues: (1) whether the plaintiff states and/or individuals have standing to challenge the debt cancellation
Is Mass Student Debt Cancellation Constitutional? Read More »
When the Supreme Court announced that effective January 1, 2023, it no longer will require the parties’ consent, or the Court’s permission, to file an amicus brief, Capital Appellate Advocacy founder Larry Ebner posted a short alert about this development on LinkedIn. After that alert – which proposed that that the same requirement be eliminated
Widely Read Op-Ed Urges Eliminating Amicus Consent Requirement In Federal Appeals Courts Read More »
“Writing amicus curiae (‘friend of the court’) briefs is my favorite activity as an appellate lawyer,” Capital Appellate Advocacy founder and Atlantic Legal Foundation Executive Vice President & General Counsel Larry Ebner explains at the beginning of his recent article, How To Draft An Amicus Brief That Actually Gets Read. Published by the Federation of Defense & Corporate Counsel in
How To Draft An Amicus Brief That Actually Gets Read Read More »
Law360 has published my sharply critical Expert Analysis of the amicus brief that the U.S. Solicitor General recently submitted to the Supreme Court in Monsanto Co. v. Hardeman, No. 21-241. My analysis explains that – “From the perspective of product liability defense attorneys, the brief from the solicitor general is a transparently partisan, short-sighted effort to
Justices Should Give Feds’ Roundup Amicus Little Weight Read More »
