Welcome News! The Supreme Court Proposes to Ditch the Amicus Brief Consent Requirement

All Publications, Amicus Strategy & Procedure, Commentary, Published Articles, US Supreme Court /

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 […]

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Amicus Brief Webinar for King County (Washington) Bar Association

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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

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Webinar on Supreme Court Practice

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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

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Amicus Brief Webinar for Beverly Hills Bar Association

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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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Hispanic-Americans May Be the Real Victims of the Flanax Litigation

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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 $

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D.C. Circuit’s Exploratory Data Ruling Is A Win For Transparency

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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

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R Street Institute Panel: Scientific Evidence In the Courtroom

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On September 9, 2021 I participated in a panel discussion on Scientific Evidence In the Courtroom.  The panel, part of a virtual event on sponsored by the R Street Institute, was moderated by R Street Fellow Anthony Marcum and also included former Boston Scientific General Counsel Tim Pratt. Our panel focused on the trial court

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Panel: Strategic Use of Amicus Briefs In Appellate Litigation

All Publications, Amicus Strategy & Procedure, Federal Courts of Appeals, Presentations, US Supreme Court /

On May 27, I moderated and participated in a lively panel discussion on Strategic Use of Amicus Briefs In Appellate Advocacy.  Steve Lehotsky of  Lehotsky Keller LLP and Richik Sarkar of Dinsmore & Shohl LLP joined me in the discussion, which was part of the DRI Appellate Advocacy Committee’s annual seminar. Amicus curiae briefs have

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Keep Junk Science Away From Juries

All Publications, Atlantic Legal Foundation, Federal Courts of Appeals, Published Articles /

Law360 has published my Expert Analysis/Opinion, Keep Junk Science Away From Juries. The article explains that juries are being called upon to assess an increasingly broad range of scientific issues—ranging from medical causation in class-action/mass-action product liability litigation to the alleged effects of fossil-fuel emissions in climate-change damages suits. For this reason, trial judges’ “gatekeeper”

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