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 »
The Supreme Court recently proposed to eliminate the requirement to obtain the parties’ consent, or the Court’s permission, to file an amicus brief. I have written a short insight piece for DRI’s new online publication, The Brief Case, about this important development. My article raises a fundamental point about amicus briefs: Since the purpose of
Welcome News! The Supreme Court Proposes to Ditch the Amicus Brief Consent Requirement Read More »
I am delighted that the King County (Washington) Bar Association invited me to present to its members a 60-minute webinar on drafting effective amicus briefs and using them strategically. The webinar, presented live on March 14, 2022, was moderated by Rory Cosgrove of Carney Badley Spellman in Seattle. Rory is a former chair the bar
Amicus Brief Webinar for King County (Washington) Bar Association Read More »
On March 4, 2022, I was pleased to participate in a 90-minute continuing legal education webinar titled “Procedures, Practice Pointers, & Winning Strategies When Your Case is Headed to the U.S. Supreme Court.” The webinar, sponsored by the DuPage County (Illinois) Bar Association, emphasized written Supreme Court advocacy at the certiorari-petition stage, which is where
Webinar on Supreme Court Practice Read More »
On January 14, 2022 I had the privilege of presenting a live webinar for the Beverly Hills Bar Association titled Friendly Persuasion: Drafting Effective Amicus Briefs & Using Them Strategically. BHBA President-Elect, Malcolm McNeil, and a member of the Board of Directors of the Atlantic Legal Foundation, engaged me in a 60-minute conversation that covered
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The following commentary was originally published by Jurist on November 5, 2021. My client, Jamie Belcastro, a registered pharmacist, started Belmora LLC, a small, Virginia-based company that sells nonprescription Flanax pain relief products, about 20 years ago. For much of this time Bayer AG, the multinational pharmaceutical corporation headquartered in Germany—whose gross revenues approach $
Hispanic-Americans May Be the Real Victims of the Flanax Litigation Read More »
When scientists employed by universities, nonprofit institutes, or corporations publish scientific studies, they routinely make their underlying research data available to peer reviewers and anyone else who is interested. A recent D.C. Circuit decision¸ Pavement Coatings Technology Council v. United States Geological Survey, 995 F.3d 1014 (D.C. Cir. 2021), confirms that federal government scientists should
D.C. Circuit’s Exploratory Data Ruling Is A Win For Transparency Read More »
