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 »
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 »
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 »
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 »
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 »
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 »
As the attached article explains, Justice Scalia’s 1988 “government contractor defense” opinion in Boyle v. United Technologies established an important preemption principle that not only includes, but also extends beyond, product liability suits involving military equipment.
Boyle – Justice Scalia’s Gift to Government Contractors Read More »
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 »
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 »
DRI-The Voice of the Defense Bar is a frequently sought-after amicus curiae in Supreme Court cases that implicate civil justice issues. Click here to read more.
DRI – The Defense Bar’s Voice In the U.S. Supreme Court Read More »
