Amicus Brief FAQs
Frequently asked questions about amicus curiae (friend-of-the-court) briefs, including why and when to file them, are answered in the attached article.
Supreme Court 411 On Federal Agency 180
Companies that do business in the United States continue to be justifiably concerned about the exploding number of onerous federal regulations that have been issued by Obama Administration departments and agencies. The Supreme Court’s March 9, 2015 decision in Perez v. Mortgage Bankers Association, No. 13-1041, unavoidably bolstered the Executive Branch’s seemingly free rein by
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Supreme Opinion on the Supremacy Clause
Anyone interested in constitutional law or the subject of federal preemption of state law should read the Supreme Court’s recent opinion in Armstrong v. Exceptional Child Center, Inc., No. 14-15. The Court held, in an opinion authored by Justice Scalia, that the Constitution’s Supremacy Clause, Art. VI, cl.2, “creates a rule of decision” — courts “must not
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Untangling “A Little Snag” At the Supreme Court
When is a “question presented” actually presented to the Supreme Court? The Justices debated that issue in Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014). Click here to read more.
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Defending Battlefield Contractors
There is an ongoing jurisprudential war over what types of wrongful death or personal injury suits – if any – can be pursued against war-zone contractors that make it possible for the U.S. military to carry out overseas combat operations. This article discusses some of the key defenses.
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Q & A With Larry Ebner
Law360 interviewed Larry Ebner about his appellate litigation practice. Read the interview here.
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When Enough is Enough! How To Oppose a Cert Petition
You’ve won your case in a federal court of appeals. Now the only hurdle between you and that long-awaited victory celebration is the certiorari petition that your opponent is sure to file. This article discusses whether, when, and how to oppose a certiorari petition in the U.S. Supreme Court.
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The United States as Amicus Curiae: Making Uncle Sam Your New Best Friend
The United States can be a party’s best friend—or worst foe—when it enters an appeal as amicus curiae. My article for the DRI Appellate Advocacy Committee’s Certworthy newsletter provides attorneys with some practical guidance about interacting with the U.S. Department of Justice when it is engaged in the process of deciding whether to participate in an
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President Obama’s “Preemption Memo”: Much To Do About Very Little
Larry Ebner’s Legal Backgrounder, published by the Washington Legal Foundation, discusses a Presidential Memorandum that purported to curtail the ability of federal department and agencies to issue regulations that preempt state and local law.
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Four Myths About Federal Preemption of State Tort Claims
Larry Ebner’s Legal Backgrounder, published by the Washington Legal Foundation, debunks four myths about federal preemption of state tort claims that involve federally-regulated products.
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