Justices Reject U.S. Attempt To Muddy The Waters On “Finality”

All Publications, Commentary, Published Articles, US Supreme Court /

The federal Administrative Procedure Act (“APA”), 5 U.S.C. § 704, authorizes companies or individuals to obtain judicial review when they are aggrieved by “final agency action.” This long-standing statutory right to go to court to challenge final actions by federal departments and agencies is sacrosanct among federally regulated industries and companies. In a unanimous decision […]

Justices Reject U.S. Attempt To Muddy The Waters On “Finality” Read More »

Spokeo “Standing” Ruling Not Cast In Concrete

Commentary, US Supreme Court /

In a much anticipated decision, the Supreme Court held today in Spokeo, Inc. v. Robins, No. 13-1339, that alleging a “bare procedural violation” of a federal statute may not be enough to confer a plaintiff with standing to sue. On the other hand, the Court’s 6-2 opinion, authored by Justice Alito, indicated that “the violation

Spokeo “Standing” Ruling Not Cast In Concrete Read More »

DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief on Protection of Confidential Business Information

All Amicus Briefs, DRI, Other Amicus Briefs, State Appellate Courts, US Supreme Court /

Lawrence S. Ebner filed in the U.S. Supreme Court a certiorari-stage amicus curiae brief on behalf of DRI-The Voice of the Defense Bar in FCA US LLC v. The Center For Auto Safety, No. 15-1211, urging the Court to establish a nationally uniform “good cause” standard for averting the unsealing of court-filed discovery documents containing confidential business

DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief on Protection of Confidential Business Information Read More »

Is It Express? Is It Implied? Is It Preempted?

Commentary, Federal Preemption, US Supreme Court /

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 »

Strategic Use of Amicus Briefs in Appellate Advocacy

All Publications, Amicus Strategy & Procedure, Federal Courts of Appeals, Presentations, US Supreme Court /

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 »

Can Congress Go Too Far in Preempting State Law ?

All Publications, Commentary, Federal Preemption, Published Articles, US Supreme Court /

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 »

Supreme Court Affirms Government Contractors’ Qualified Immunity

Commentary, US Supreme Court /

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 »

Coalition For Government Procurement & Professional Services Council File Supreme Court Amicus Brief on False Claims Act Qui Tam Fraud-Pleading Issue

ALF Amicus Briefs, Other Amicus Briefs, US Supreme Court /

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

Coalition For Government Procurement & Professional Services Council File Supreme Court Amicus Brief on False Claims Act Qui Tam Fraud-Pleading Issue Read More »

DRI & PSC File Supreme Court Amicus Brief on Class-Action Mootness & Government Contractor Derivative Sovereign Immunity Issues

All Amicus Briefs, Other Amicus Briefs, US Supreme Court /

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.  

DRI & PSC File Supreme Court Amicus Brief on Class-Action Mootness & Government Contractor Derivative Sovereign Immunity Issues Read More »

Supreme Court 411 On Federal Agency 180

All Publications, Commentary, US Supreme Court /

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 »

Scroll to Top