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 […]
Supreme Court Won’t Review Discriminatory Law-Practice Statute Read More »
My eyes usually glaze over about halfway through the opening paragraph of any judicial decision involving patent infringement. But the Supreme Court’s March 21, 2017 opinion in SGA Hygiene Products v. First Quality Baby Products, No. 15-927, kept my attention. The issue was whether the equitable defense of “laches” can bar a patent infringement suit
Supreme Court Scratches Laches Read More »
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
DRI Amicus Brief Repudiates California’s Open Invitation To Forum Shoppers Read More »
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
Can Federal Contract Requirements Preempt State Law? Read More »
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
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
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
Podcast: Supreme Court Opinion Undermines Integrity of FCA Qui Tam Scheme Read More »
The U.S. Supreme Court’s unanimous opinion in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15513 (Dec. 6, 2016), is a disappointingly narrow decision. It merely holds that dismissal of a False Claims Act qui tam suit for violation of the “seal” provision, 31 U.S.C. § 3730(b)(2), is not mandatory.
Supreme Court’s FCA Seal Violation Opinion Lacks Needed Guidance Read More »
What do prescription drugs, motor boats, pesticides, automobiles, medical devices, locomotives, cigarettes, vaccines, and oil tankers have in common? During the past 25 years, each has been the subject of at least one Supreme Court opinion concerning federal preemption of state-law product liability claims. No uniform rule has emerged from those opinions (e.g., there is
Supreme Court Punts On Another Federal Preemption Product-Liability Conundrum Read More »
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
Larry Ebner Quoted In Two Law360 Feature Articles on Supreme Court Amicus Briefs Read More »
