Federal Appeals Court Extinguishes Burn Pit Litigation Against Combat-Zone Contractor

Commentary, Federal Courts of Appeals, US Supreme Court /

After almost a decade of jurisdictional discovery, pretrial motions, and appeals, the U.S. Court of Appeals for the Fourth Circuit has affirmed dismissal of the “Burn Pit” multidistrict personal injury litigation on the ground that it is barred by the political question doctrine. The litigation encompassed 63 separate complaints, including 44 putative nationwide class actions.  […]

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Recent Opinion Exemplifies SCOTUS Nominee Kavanaugh’s Lucid Legal Writing

Commentary, US Supreme Court /

The D.C. Circuit’s recent opinion in Federal Trade Commission v. Boehringer Ingelheim Pharmaceuticals, Inc., No. 16-53556 (June 19, 2018), illustrates Supreme Court nominee Brett Kavanaugh’s exceptionally clear writing style. Occupying only six pages, Judge Kavanaugh’s lucid opinion concisely summarizes and applies existing D.C. Circuit precedent—primarily his prior opinion in In re Kellogg Brown & Root, Inc.,

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all things amicus

DRI Files Amicus Brief Urging Supreme Court To Review Class-Action Fairness Issue

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

Class actions have become a lucrative business for the plaintiffs’ bar. National corporate defendants sometimes settle even frivolous claims for substantial amounts, especially in plaintiff-friendly state courts. To curb state-court class-action abuses, the Class Action Fairness Act (“CAFA”) expressly authorizes “any defendant” to remove (i.e., transfer) a qualifying class action from state court to federal court,

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Supreme Court’s Sports Betting Decision Reveals Hidden Preemption Requirement

All Publications, Federal Preemption, Published Articles, US Supreme Court /

On May 14, the Supreme Court held in Murphy v. National Collegiate Athletic Association that the federal Professional and Amateur Sports Protection Act (“PASPA”) is unconstitutional. The Court ruled that PASPA’s  prohibition against States authorizing sports betting violates the “anticommandeering principle,” which precludes Congress from directing States to take, or refrain from taking, particular legislative

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Who Needs “Calexit”? California Already Pretends It’s A Separate Nation

Commentary, US Supreme Court /

The so-called “Calexit” secession initiative not only is nonsensical, but also superfluous. California in many ways already acts as if it were its own sovereign nation, defiant of federal authority and oblivious to the interests of other States. This is federalism on steroids. In early April, Missouri and 10 other States filed an amicus curiae

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all things amicus

France Urges Supreme Court To Overturn California’s Foie Gras Ban

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

I recently had the honor of authoring an amicus brief for the Republic of France relating to federal preemption and France’s product identity and ingredient standards. French law declares that foie gras (specially fattened duck or goose liver) is part of France’s “protected cultural and gastronomic heritage.” To produce foie gras, ducks and geese are

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all things amicus

Government Contractor Groups Urge Supreme Court To Enforce High Hurdle For Would-Be Whistleblowers

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

The nation’s three leading  government contractor organizations—The Coalition for Government Procurement, the National Defense Industrial Association, and the Professional Services Council—are jointly urging the Supreme Court to clarify the “particularity” with which a False Claims Act qui tam relator must allege fraud in order to survive a motion to dismiss. The groups’ amicus curiae brief, authored by Capital

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Supreme Court Declines To Review D.C. Circuit Drone Strike Case That Implicates Separation of Powers

All Publications, Published Articles, US Supreme Court /

In Ali Jaber v. United States, No. 16-5093 (D.C. Cir. June 30, 2017), recently retired D.C. Circuit Judge Janice Rogers Brown authored a unanimous panel opinion faithfully applying circuit precedent and the political question doctrine to bar a declaratory judgment suit challenging the wisdom of a U.S. drone strike in Yemen that allegedly resulted in

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Six Supreme Court Justices Reminisce

Commentary, US Supreme Court /

Who would have guessed when I graduated from Harvard Law School in June 1972 that my 45th  class reunion in October 2017 would coincide with that institution’s Bicentenntial celebration? The event began with a roundtable discussion among Dean John Manning and six current/former Supreme Court Justices, all of whom are Harvard Law School alumni.  No

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DRI Brief Urges Supreme Court To Enforce Antitrust Statute Of Limitations

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

DRI-The Voice of the Defense Bar has filed an amicus brief in the U.S. Supreme Court supporting the certiorari petition in Ferrellgas Partners, L.P. v. Morgan-Larson, LLC, No. 17-441.  In its brief, DRI urges the Supreme Court to grant review and clarify the scope and application of the “continuing violation doctrine” insofar as it applies to

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