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 »
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 »
The attached article discusses best practices that in-house counsel should follow in conducting an attorney-client privileged internal investigation of possible regulatory violations.
Tips for Conducting Attorney-Client Privileged Internal Investigations Read More »
For almost 70 years, coal tar-derived creosote has been federally registered for use as a wood preservative. During the past 40 years, the risks and benefits of creosote, like those of other major industrial wood preservatives, have been reevaluated by U.S. EPA in three successive and comprehensive review processes—Special Review, Reregistration Review, and currently, Registration
Four Decades of U.S. EPA Review and Continuous Federal Registration of Creosote Read More »
So the case that you lost—or won—at the trial court level is going to be appealed. What now? If you have not already done so, you should select and engage an appellate attorney. Whom to choose and how to forge a successful relationship with that attorney often involves considerations that are specifically tailored to appellate
How to Choose and Hire an Appellate Attorney Read More »
