In-House Bar Urges Supreme Court To Apply State Ethical Standards To Federal Prosecutors

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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 […]

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Supreme Court Derails Forum Shoppers

Commentary, US Supreme Court /

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

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Update: DRI’s Supreme Court Amicus Program

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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

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Supreme Court Won’t Review Discriminatory Law-Practice Statute

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On April 17 the Supreme Court — in its final Order prior to Justice Neil Gorsuch’s inaugural session — declined to review the constitutionality of New York Judiciary Law § 470.  Under that law, as recently interpreted by the New York Court of Appeals, a New York bar member residing anywhere other than in New York

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DRI Amicus Brief Repudiates California’s Open Invitation To Forum Shoppers

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DRI-The Voice of the Defense Bar has filed an amicus curiae brief in the U.S. Supreme Court to support a brand-name drug manufacturer’s challenge to a California Supreme Court ruling holding that nationwide marketing and distribution activities create enough of a “substantial connection” with California to enable that State’s courts to adjudicate out-of-state plaintiffs’ product liability claims.  The DRI brief, filed

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Can Federal Contract Requirements Preempt State Law?

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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

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Current Eight-Justice Court Agrees To Tackle Complex Litigation Issues That May Affect Businesses

Commentary, US Supreme Court /

Perhaps in anticipation of soon being joined by a ninth Justice, the Supreme Court agreed in mid-January to decide a number of litigation-related issues that may directly affect U.S. businesses: Because each of these issues has the potential to affect a broad range of U.S. businesses and industries, each of the Supreme Court cases in which they

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In-House Bar Amicus Brief Supports Supreme Court Review of Discriminatory NY “Law Office” Statute

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Lawrence S. Ebner, founder of Capital Appellate Advocacy PLLC, has filed an amicus curiae brief on behalf of the Association of Corporate Counsel supporting the petition for writ of certiorari in Schoenefeld v. Schneiderman, No. 16-780.  The certiorari petition requests the U.S. Supreme Court to review the constitutionality of New York Judiciary Law § 470.   In

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Podcast: Supreme Court Opinion Undermines Integrity of FCA Qui Tam Scheme

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At the invitation of The Federalist Society, Larry Ebner, founder of Capital Appellate Advocacy PLLC, conducted a 45-minute teleforum on the shortcomings and practical impact of the Supreme Court’s December 6, 2016 opinion in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No.15-513.   The Court unanimously held that dismissal is not required

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