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 […]
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
Six Supreme Court Justices Reminisce Read More »
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
DRI Brief Urges Supreme Court To Enforce Antitrust Statute Of Limitations Read More »
A feature article entitled “Supreme Court clamps down on state-court forum shopping,” published on July 13 in Massachusetts Lawyers Weekly, turns to Capital Appellate Advocacy founder Larry Ebner for comment. In two cases decided this Spring, BNSF Railway Co. v. Tyrrell (see Supreme Court Derails Forum Shoppers) and Bristol-Myers Squibb Co. v. Superior Court of California (see Tough
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 »
The Daily Caller’s June 12 headline declares that “Justice Gorsuch’s First SCOTUS Opinion Is Super Boring.” Not so! Justice Gorsuch is off to a rousing start by transforming what sounds like a super-boring topic—the meaning of “debt collector” under the Fair Debt Collection Practices Act—into an opinion that from the first phrase of the first sentence
Justice Gorsuch’s Exciting First Opinion Read More »
On June 5 the Supreme Court issued two unanimous opinions that are elegantly straightforward. In Town of Chester, New York v. Laroe Estates, Inc., the Court held that an intervenor of right under Federal Rule of Civil Procedure 24(a)(2) must meet Article III standing requirements in order to pursue relief (such as a separate money
Two Supreme No-Brainers Read More »
Capital Appellate Advocacy founder Lawrence S. Ebner has filed an amicus curiae brief on behalf of the Association of Corporate Counsel urging the Supreme Court to overturn a Tenth Circuit ruling holding that a New Mexico professional conduct rule does not apply to federal prosecutors who subpoena lawyers to provide grand jury testimony about current and former clients. The
In-House Bar Urges Supreme Court To Apply State Ethical Standards To Federal Prosecutors Read More »
The Supreme Court’s May 30 opinion in BNSF Railway Co. v. Tyrrell reaffirms that a State’s court system cannot exercise “general” or “all-purpose” personal jurisdiction over a corporation unless the company is incorporated in that State, has its principal place of business in that State, or otherwise is “at home” in that State. See Daimler
Supreme Court Derails 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 »
