ALF Urges Supreme Court To Reject “Post-Judgment Vertical Forum Shopping”

ALF Amicus Briefs, All Amicus Briefs, US Supreme Court /

The pending certiorari petition in Hain Celestial Group, Inc. & Whole Foods Market, Inc. v. Palmquist, No. 24-724, presents an important unresolved question fundamental to ALF’s civil justice mission. ALF has filed an amicus brief urging the Supreme Court to grant review. Case Background The Fifth Circuit’s holding that the district court’s final judgment in […]

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ALF Advocates Broad View of “Statutory Standing” To Challenge Federal Regulatory Actions

ALF Amicus Briefs, Federal Courts of Appeals, US Supreme Court /

The Supreme Court has granted certiorari in FDA v. R.J. Reynolds Vapor Co., No. 23-1187, to decide whether a federally regulated product’s manufacturer and retailers can join together, in a single federal court of appeals, to challenge a final agency action that impairs their shared commercial interests.  On behlaf of ALF, I have authored a merits-stage

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ALF Urges Supreme Court To Reject Expansive View of Product Manufacturers’ Aiding-and-Abetting Liability

ALF Amicus Briefs, All Amicus Briefs, Civil Justice, US Supreme Court /

The Mexican government has sued heavily regulated U.S. firearms manufacturers for $10 billion in damages and sweeping injunctive relief to redress “social costs” that it alleges to have incurred as a result of gun violence in Mexico. According to Mexico’s complaint, filed in Massachusetts federal district court, the defendant manufacturers have knowingly “aided and abetted”

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ALF Urges Federal Circuit To Enforce District Courts’ Expert Testimony Gatekeeping Role In Patent Infringement Cases

ALF Amicus Briefs, All Amicus Briefs, Civil Justice, US Supreme Court /

The U.S. Court of Appeals for the Federal Circuit has taken the unusual step of granting en banc review to address the question of whether a federal district court properly exercised its gatekeeping role under Federal Rule of Evidence 702 in a patent infringement case. More specifically, the en banc Federal Circuit in EcoFactor, Inc. v.

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Amicus Brief Urges Supreme Court To Address Scope of Endangered Species Act Enviromental Impact Assessments

All Amicus Briefs, Other Amicus Briefs, US Supreme Court /

The certiorari petition in Nantucket Residents Against Turbines v. Bureau of Ocean Energy Management, No. 24-337, asks the Supreme Court to decide whether federal agencies can, consistent with the plain language of the Endangered Species Act, exclude from their Section 7 analysis known and available science regarding impacts on an endangered species resulting from federal

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ALF Urges Supreme Court To Apply Expert Testimony Reliability Criteria To Private Securities Fraud Complaints

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, US Supreme Court /

ALF long has been an advocate for ensuring that only reliable expert opinions are considered by courts and/or juries during any phase of litigation. In April 2024 ALF filed an amicus brief supporting NVIDIA Corporation’s certiorari petition in NVIDIA Corp. v. E. Ohman J:or Fonder AB, No. 23-970, a securities fraud suit governed by the

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DRI & ALF Argue That Civil RICO Excludes Claims For Personal Injury-Related Economic Harm

ALF Amicus Briefs, All Amicus Briefs, DRI, US Supreme Court /

The Racketeer Influenced and Corrupt Organizations Act (“RICO”) authorizes the filing of civil suits for treble damages and attorney fees by “[a]ny person injured in his business or property by reason of” engaging in certain prohibited activities.  18 U.S.C. § 1964(c).  RICO was enacted as a prosecutorial tool for fighting organized crime. The Second and

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ALF Urges Supreme Court To Uphold Parents’ Rights

ALF Amicus Briefs, All Amicus Briefs, US Supreme Court /

The question presented by the pending certiorari petition in Parents Protecting Our Children v. Eau Claire Area School District, Wisconsin (23-1280) is whether parents have standing to challenge a school district’s “gender identity transition policy”—a policy, like many that have proliferated throughout the United States, that explicitly keeps parents in the dark if a student wishes

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Supreme Court Panel At INBLF Litigation Fly-In

Presentations, US Supreme Court /

On June 21, 2024 I was privileged to moderate and speak on a Supreme Court review panel at the annual INBLF Litigation Fly-In in the Chicago area. Seven of us appellate specialists provided insights on recent or impending Supreme Court decisions of our choice. Charlie Frazier, Nancie Marzulla, and Charly Kagay are pictured above. And

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ALF Urges Supreme Court To Apply Federal Evidence Rule 702 To Securities Fraud Complaints

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Civil Justice, US Supreme Court /

The Atlantic Legal Foundation long has been an advocate for ensuring that only reliable expert opinions are considered by courts and/or juries during any phase of litigation. In support of a certiorari petition filed by NVIDIA Corporation in a securities fraud suit governed by the Private Securities Litigation Reform Act (“PSLRA”), ALF has filed an

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