all things amicus

ALF Urges Supreme Court To Clarify Federal Preemption Of Pesticide Failure-To-Warn Suits

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Preemption, US Supreme Court /

I today filed on behalf of the Atlantic Legal Foundation a petition-stage amicus brief supporting Petitioner Monsanto Company in Monsanto Co. v. Hardeman, No. 21-241. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) vests the U.S. Environmental Protection Agency (EPA) with exclusive authority to regulate the content of pesticide product labeling. FIFRA accomplishes this by expressly […]

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ALF Amicus Brief Supports Supreme Court Review of “Justice Delayed is Justice Denied” Appeal

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, US Supreme Court /

I today filed on behalf of the Atlantic Legal Foundation and the Cato Institute a petition-stage amicus brief supporting the Petitioner in  Axon Enterprise, Inc. v. Federal Trade Commission, No. 21-86.  Ilya Shapiro,  Vice President & Director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies, joined me on the brief as co-counsel. The

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Supreme Court Petition Seeks Review of Important Trademark Law Issues

Atlantic Legal Foundation, US Supreme Court /

On August 9, 2021 I filed on behalf of Belmora LLC a Petition For a Writ of Certiorari requesting the Supreme Court to finally resolve long-standing circuit splits of authority concerning two fundamental issues of U.S. trademark law: Belmora LLC is a small, Virginia-based pharmaceutical company. It serves Hispanic-Americans by offering Belmora Pain Reliever Tablets

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Panel: Strategic Use of Amicus Briefs In Appellate Litigation

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

On May 27, I moderated and participated in a lively panel discussion on Strategic Use of Amicus Briefs In Appellate Advocacy.  Steve Lehotsky of  Lehotsky Keller LLP and Richik Sarkar of Dinsmore & Shohl LLP joined me in the discussion, which was part of the DRI Appellate Advocacy Committee’s annual seminar. Amicus curiae briefs have

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Ebner Quoted on Significance of Supreme Court Opinion in Climate-Change Litigation

Atlantic Legal Foundation, US Supreme Court /

On May 17, the Supreme Court issued a 7 to 1 opinion holding that federal courts of appeals can and should review all grounds for “removing” (i.e., transferring) climate-change litigation from state court to federal court.  The Atlantic Legal Foundation filed an amicus brief in the case, BP p.l.c. v. Mayor & City Council of Baltimore, arguing that climate change-related damages suits

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NYC Climate Change Suit Melts in Second Circuit

Atlantic Legal Foundation, Commentary, Federal Courts of Appeals, US Supreme Court /

Multi-faceted regulation of U.S. businesses and industries for the ostensible purpose of preventing, mitigating, or remediating “man-made climate change” is one of the biggest threats confronting free enterprise today. It is a subject which not only requires the application of sound science, but also one that should be left to the political branches of the

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Amicus Brief Urges Supreme Court To Review Junk Science “Talc” Litigation

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, US Supreme Court /

Personal injury lawyers have been filing thousands of lawsuits against Johnson & Johnson, alleging that its cosmetic talc products, such as Johnson’s Baby Powder, contain asbestos and cause ovarian cancer in women. In one of the most highly publicized talc suits, Ingham v. Johnson & Johnson, the notoriously plaintiff-friendly City of St. Louis state circuit court

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all things amicus

Amicus Brief Takes Aim At Use of Real Person’s Face & Body In “Shooter” Video Game Character

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Courts of Appeals, US Supreme Court /

Gears of War continues to be among the most popular Xbox “shooter” video game franchises. One of game’s original and recurring characters is Augustus “Cole Train” Cole, a brutal interplanetary “Delta Squad” warrior whose realistic face, voice, and physique closely resemble Lenwood Hamilton, a former professional wrestler. Hamilton filed suit in a Pennsylvania federal district

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Larry Ebner Quoted About Importance of Supreme Court Climate-Change Case

All Publications, Atlantic Legal Foundation, Commentary, US Supreme Court /

On January 19, 2021 the U.S. Supreme Court heard oral argument in BP v. Baltimore, a case in which the Atlantic Legal Foundation filed an amicus brief arguing that climate-change damages suits belong – if anywhere – in federal, not state, courts. The case involves a procedural issue which has significant  implications regarding whether climate-change suits filed

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