Podcast: Supreme Court Opinion Undermines Integrity of FCA Qui Tam Scheme

All Publications, Presentations, US Supreme Court /

At the invitation of The Federalist Society, Larry Ebner, founder of Capital Appellate Advocacy PLLC, conducted a 45-minute teleforum on the shortcomings and practical impact of the Supreme Court’s December 6, 2016 opinion in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No.15-513.   The Court unanimously held that dismissal is not required […]

Podcast: Supreme Court Opinion Undermines Integrity of FCA Qui Tam Scheme Read More »

Justices Should Consider Harm To Qui Tam Defendants

All Publications, Commentary, Published Articles /

The unresolved question debated at the November 1 U.S. Supreme Court hearing in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513, involves the standard for dismissing a False Claims Act qui tam suit where the relator (i.e., whistleblower plaintiff), or the relator’s attorney, willfully violates the statute’s mandatory seal

Justices Should Consider Harm To Qui Tam Defendants Read More »

Abu Ghraib Contractor Still Faces Potential Tort Liability for Alleged Detainee Abuse

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

The Iraq War is still being fought, but in the federal courts rather than on foreign battlefields.  On October 21, 2016, a panel of the U.S. Court of Appeals for the Fourth Circuit issued what is probably the most refined and nuanced opinion of any federal court on the question of whether the political question

Abu Ghraib Contractor Still Faces Potential Tort Liability for Alleged Detainee Abuse Read More »

Larry Ebner Quoted In Two Law360 Feature Articles on Supreme Court Amicus Briefs

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

Two recent Law360 feature articles on the influence of U.S. Supreme Court amicus briefs quote Larry Ebner, founder of Capital Appellate Advocacy PLLC, a Washington, D.C.-based appellate litigation boutique. The October 19 article, entitled “6 Ways To Be the High Court’s Best Friend,” quotes Larry on the advantages of representing amicus groups “with a strong reputation of

Larry Ebner Quoted In Two Law360 Feature Articles on Supreme Court Amicus Briefs Read More »

Justices Reject U.S. Attempt To Muddy The Waters On “Finality”

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

The federal Administrative Procedure Act (“APA”), 5 U.S.C. § 704, authorizes companies or individuals to obtain judicial review when they are aggrieved by “final agency action.” This long-standing statutory right to go to court to challenge final actions by federal departments and agencies is sacrosanct among federally regulated industries and companies. In a unanimous decision

Justices Reject U.S. Attempt To Muddy The Waters On “Finality” Read More »

Strategic Use of Amicus Briefs in Appellate Advocacy

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

On April 19, 2016, Larry Ebner, along with Robin Conrad, Averil Rothrock, and M.C. Sungaila, presented a Strafford webinar on amiucs brief strategy, preparation, and procedures in the U.S. Supreme Court, federal courts of appeals, and state appellate courts.  

Strategic Use of Amicus Briefs in Appellate Advocacy Read More »

Can Congress Go Too Far in Preempting State Law ?

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

Federal preemption aficionados will find today’s seemingly ho-hum Supreme Court decision in Gobielle v. Liberty Mutual Ins. Co. to be of considerable interest. The Court held that ERISA expressly preempts a Vermont statute requiring disclosure of ERISA-regulated health care plan payment information. According to Justice Thomas’ concurring opinion, ERISA “contains what may be the most

Can Congress Go Too Far in Preempting State Law ? Read More »

Scroll to Top