Webinar: Strategic Use of Amicus Briefs in Appellate Advocacy

All Publications, Amicus Strategy & Procedure, Presentations /

On October 12, 2017, Capital Appellate Advocacy founder Larry Ebner participated in a Strafford live webinar, “Strategic Use of Amicus Briefs in Appellate Advocacy.” Larry and two additional highly experienced appellate specialists, Averil Rothrock and Mary-Christine (M.C.) Sungaila, covered many amicus brief-related topics, such as the following: Click here to download the webinar Power Points.

Webinar: Strategic Use of Amicus Briefs in Appellate Advocacy Read More »

Federal Court Won’t Second-Guess U.S. Military Combat-Zone Decisions

All Publications, Commentary, Federal Courts of Appeals, Published Articles /

After almost eight years of consolidated, multidistrict, pretrial proceedings—including massive jurisdictional discovery and a succession of dispositive motions and appeals—Judge Roger W. Titus of the U.S. District Court of the District of Maryland on July 19, 2017 dismissed in its entirety the “Burn Pit” toxic-tort multidistrict litigation.  The primary defendant, Kellogg Brown & Root Services,

Federal Court Won’t Second-Guess U.S. Military Combat-Zone Decisions Read More »

Learning the High Art of Amicus Brief Writing

All Publications, Amicus Strategy & Procedure, Published Articles /

There is an art to writing amicus curiae (“friend of the court”) briefs. Capital Appellate Advocacy’s Larry Ebner, who serves DRI-The Voice of the Defense Bar as Chair of its Amicus Committee, has written an article in the February 2017 edition of For The Defense, “Learning the High Art of Amicus Brief Writing.”  The article — which has been

Learning the High Art of Amicus Brief Writing Read More »

It’s Time To Fix FIFRA Preemption

All Publications, Federal Preemption, Published Articles /

Under FIFRA, the federal pesticide law, the U.S. Environmental Protection Agency (EPA) and state agencies both have authority to regulate the sale and use of agricultural, industrial, structural, and consumer pesticides, but only EPA can regulate the content and format of nationally uniform pesticide product labeling. Emboldened by a 1991 Supreme Court decision, and despite state-imposed preemption

It’s Time To Fix FIFRA Preemption Read More »

Is It Finally Time To Fix FIFRA Preemption?

All Publications, Commentary, Federal Preemption, Published Articles /

FIFRA is the comprehensive federal statute that for the past 70 years has regulated “pesticides”—a term which encompasses a broad range of agricultural, professional, industrial, and consumer pest control products.   One of the most persistent as well as hotly contested areas of pesticide regulation involves the subject of “preemption”—the supremacy of federal law over

Is It Finally Time To Fix FIFRA Preemption? Read More »

Tough Times for Forum Shoppers

All Publications, Published Articles, US Supreme Court /

The Supreme Court’s June 19 decision in Bristol-Myers Squibb v. Superior Court reaffirms well-established principles for state court exercise of specific (case-linked) personal jurisdiction.  As a practical matter, the opinion  curtails forum shopping for plaintiff-friendly courts in connection with tort actions brought by multi-state groups of plaintiffs against companies that are not “at home” in a forum state.

Tough Times for Forum Shoppers Read More »

Update: DRI’s Supreme Court Amicus Program

All Publications, DRI, Published Articles, US Supreme Court /

DRI-The Voice of the Defense Bar files amicus briefs at both the certiorari and merits stages in cases raising legal issues that are exceptionally important to the civil defense bar and its clients.  I have the privilege of serving as Chair of the DRI Amicus Committee, which reviews requests for DRI amicus support.  The attached

Update: DRI’s Supreme Court Amicus Program Read More »

A Closer Look At “Preemptive” Federal Contract Terms

All Publications, Federal Preemption, Published Articles /

Subrogation of insureds’ third-party claims is not a subject that excites too many lawyers. But in Coventry Health Care of Missouri Inc. v. Nevils, No. 16-149, decided on April 18, 2017, the Supreme Court issued a subrogation-related opinion that will be of interest to anyone who tracks the Court’s federal preemption jurisprudence.  In particular, the

A Closer Look At “Preemptive” Federal Contract Terms Read More »

Can Federal Contract Requirements Preempt State Law?

All Publications, Federal Preemption, Published Articles, US Supreme Court /

The only thing predictable about the U.S. Supreme Court’s  decisions on federal preemption — a subject that strikes at the heart of federalism — is the odd way that the Justices spell “pre-emption.” While the Court’s implied preemption (field preemption and conflict preemption) case law is particularly difficult to reconcile, the Court in recent years

Can Federal Contract Requirements Preempt State Law? Read More »

Unconstitutionally Appointed Administrative Law Judges Continue to Haunt SEC

All Publications, Published Articles /

Are Securities and Exchange Commission (SEC) administrative enforcement proceedings constitutional? According to a recent, well-reasoned opinion issued by the US Court of Appeals for the Tenth Circuit, Bandimere v. SEC, 844 F.3d 1168 (10th Cir. 2016), the answer is no.   Bandimere focuses on SEC Administrative Law Judges (ALJs), who preside over in-house, trial-type proceedings

Unconstitutionally Appointed Administrative Law Judges Continue to Haunt SEC Read More »

Scroll to Top