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 […]
Supreme Opinion on the Supremacy Clause Read More »
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.
Untangling “A Little Snag” At the Supreme Court Read More »
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.
Defending Battlefield Contractors Read More »
Law360 interviewed Larry Ebner about his appellate litigation practice. Read the interview here.
Q & A With Larry Ebner Read More »
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.
When Enough is Enough! How To Oppose a Cert Petition Read More »
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
The United States as Amicus Curiae: Making Uncle Sam Your New Best Friend Read More »
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.
President Obama’s “Preemption Memo”: Much To Do About Very Little Read More »
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.
Four Myths About Federal Preemption of State Tort Claims Read More »
In the wake of the Supreme Court’s 2005 opinion in Bates v. Dow Agrosciences, 544 U.S. 431, pesticide manufacturers need to develop new, sophisticated approaches when raising FIFRA preemption as a defense to inadequate labeling and failure-to-warn claims. Read more in this article.
FIFRA Preemption After Bates v. Dow AgroSciences Read More »
Between 1985 and 1994, Larry Ebner wrote dozens of mostly short articles for Pest Management, the magazine published by the National Pest Management Association, which serves and represents the structural pest control industry. Here is a collection of those mostly out-of-date articles.
Pest Management Magazine (1985-1994) Read More »
