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 »
Lawrence S. Ebner filed in the U.S. Supreme Court a merits-stage amicus curiae brief on behalf of DRI-The Voice of the Defense Bar in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513, urging the Court to hold that a willful violation of the False Claims Act’s mandatory seal requirement should result in dismissal
The Supreme Court’s opinion in Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7 (June 16, 2016), will trigger weeks of commentary, months of debate, and years of litigation on how courts should apply the “implied false certification theory” of False Claims Act liability. But as discussed below, I believe that there
Text Trumps Policy in Supreme Court False Claims Act “Implied Certification” Decision Read More »
According to Webster’s, a “switcheroo” is “an unexpected reversal or change.” When a federal department or agency pulls a switcheroo on the public or an industry by abruptly reversing a long-held interpretation of a key statutory phrase, there can be serious economic or other consequences for those who are affected. In an opinion issued on
Labor Department “Switcheroo” Gets No Respect From Supreme Court Read More »
