Every first-year law student learns the taxonomy of federal preemption principles: Although the Supreme Court’s Supremacy Clause cases frequently rely on this preemption lexicon, the Court long ago indicated that these categories are not “rigidly distinct.” English v. Gen. Elec. Co., 496 U.S. 72, 79 n.5 (1990). The Court’s April 19, 2016 opinion in Hughes […]
Is It Express? Is It Implied? Is It Preempted? Read More »
On April 19, 2016, Larry Ebner, along with Robin Conrad, Averil Rothrock, and M.C. Sungaila, presented a Strafford webinar on amiucs brief strategy, preparation, and procedures in the U.S. Supreme Court, federal courts of appeals, and state appellate courts.
Strategic Use of Amicus Briefs in Appellate Advocacy Read More »
Federal preemption aficionados will find today’s seemingly ho-hum Supreme Court decision in Gobielle v. Liberty Mutual Ins. Co. to be of considerable interest. The Court held that ERISA expressly preempts a Vermont statute requiring disclosure of ERISA-regulated health care plan payment information. According to Justice Thomas’ concurring opinion, ERISA “contains what may be the most
Can Congress Go Too Far in Preempting State Law ? Read More »
In a 6-3 decision issued on January 20, the Supreme Court affirmed in Campbell-Ewald Co. v. Gomez, No. 14-857, that federal government contractors are immune from litigation and liability if their work complies with federal directions. The Court rejected, however, unqualified immunity based on the federal government’s sovereign immunity (i.e., “derivative sovereign immunity”). Campbell-Ewald is
Supreme Court Affirms Government Contractors’ Qualified Immunity Read More »
Lawrence S. Ebner filed in the U.S. Supreme Court a certiorari-stage amicus curiae brief on behalf of the Coalition For Government Procurement & the Professional Services Council in AT&T, Inc. v. United States ex rel. Heath, No. 15-363, arguing that nationally uniform enforcement of the Federal Rule of Civil Procedure 9(b) fraud-pleading standard in False Claims Act qui tam
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 and the Professional Services Council-The Voice of the Government Services Industry in Campbell-Ewald v. Gomez, No. 14-857, on the questions of class-action mootness and derivative sovereign immunity for federal government contractors. Read the brief here.
Companies that do business in the United States continue to be justifiably concerned about the exploding number of onerous federal regulations that have been issued by Obama Administration departments and agencies. The Supreme Court’s March 9, 2015 decision in Perez v. Mortgage Bankers Association, No. 13-1041, unavoidably bolstered the Executive Branch’s seemingly free rein by
Supreme Court 411 On Federal Agency 180 Read More »
Anyone interested in constitutional law or the subject of federal preemption of state law should read the Supreme Court’s recent opinion in Armstrong v. Exceptional Child Center, Inc., No. 14-15. The Court held, in an opinion authored by Justice Scalia, that the Constitution’s Supremacy Clause, Art. VI, cl.2, “creates a rule of decision” — courts “must not
Supreme Opinion on the Supremacy Clause Read More »
Lawrence S. Ebner filed in the U.S. Supreme Court a certiorari-stage amicus brief on behalf of DRI-The Voice of the Defense Bar in Dow Chemial Co. v. Industrial Polymers, Inc., No. 14-1091, urging the Court to curb the use of statistical modeling to establish predominance or commonality for class-certification purposes. Read the amicus brief here.
When is a “question presented” actually presented to the Supreme Court? The Justices debated that issue in Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014). Click here to read more.
Untangling “A Little Snag” At the Supreme Court Read More »
