The Supreme Court’s June 19 decision in Bristol-Myers Squibb v. Superior Court reaffirms well-established principles for state court exercise of specific (case-linked) personal jurisdiction. As a practical matter, the opinion curtails forum shopping for plaintiff-friendly courts in connection with tort actions brought by multi-state groups of plaintiffs against companies that are not “at home” in a forum state. […]
Tough Times for Forum Shoppers Read More »
DRI-The Voice of the Defense Bar files amicus briefs at both the certiorari and merits stages in cases raising legal issues that are exceptionally important to the civil defense bar and its clients. I have the privilege of serving as Chair of the DRI Amicus Committee, which reviews requests for DRI amicus support. The attached
Update: DRI’s Supreme Court Amicus Program Read More »
Subrogation of insureds’ third-party claims is not a subject that excites too many lawyers. But in Coventry Health Care of Missouri Inc. v. Nevils, No. 16-149, decided on April 18, 2017, the Supreme Court issued a subrogation-related opinion that will be of interest to anyone who tracks the Court’s federal preemption jurisprudence. In particular, the
A Closer Look At “Preemptive” Federal Contract Terms Read More »
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 »
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 »
