Larry Ebner Quoted In Two Law360 Feature Articles on Supreme Court Amicus Briefs

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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 […]

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Justices Reject U.S. Attempt To Muddy The Waters On “Finality”

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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

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Can Congress Go Too Far in Preempting State Law ?

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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

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Four Decades of U.S. EPA Review and Continuous Federal Registration of Creosote

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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

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How to Choose and Hire an Appellate Attorney

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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

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When Enough is Enough! How To Oppose a Cert Petition

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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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