On March 4, 2022, I was pleased to participate in a 90-minute continuing legal education webinar titled “Procedures, Practice Pointers, & Winning Strategies When Your Case is Headed to the U.S. Supreme Court.” The webinar, sponsored by the DuPage County (Illinois) Bar Association, emphasized written Supreme Court advocacy at the certiorari-petition stage, which is where […]
Webinar on Supreme Court Practice Read More »
3M Company v. Amador The Atlantic Legal Foundation (ALF), joined by Washington Legal Foundation and DRI-The Voice of the Defense Bar, has filed an amicus brief urging the Supreme Court to hear an appeal that challenges the Eighth Circuit’s lax interpretation and application of Federal Rule of Evidence 702 (Testimony by Expert Witnesses). Rule 702 was amended more than 20 years
Amicus Brief Urges Supreme Court To Keep “Junk Science” Away From Juries Read More »
Cooper Tire & Rubber Co. v. McCall, No. 21-926 Question Presented Whether an out-of-state corporate defendant’s registration to do business in a State should be deemed consent to that State’s general jurisdiction. Case Background Imposing limits on the ability of state and federal courts to assert jurisdiction over out-of-state defendants is fundamental to due process—what
The Atlantic Legal Foundation has submitted an amicus brief supporting the certiorari petition in John K. MacIver Institute for Public Policy, Inc. v. Tony Evers, Governor of Wisconsin, No. 21-388. The question presented —the proper First Amendment test for scrutinizing government officials’ selective exclusion of journalists from press conferences and briefings—goes to the heart of the
More than two decades ago, I stood before the Justices of the California Supreme Court and succeeded in persuading them that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempts pesticide-related failure to warn claims. See Etcheverry v. Tri-Ag Service, Inc., 22 Cal.4th 316 (Cal. 2000). Five years later, in Bates v. Dow AgroSciences,
It’s Time For The Supreme Court To Revisit FIFRA Preemption Read More »
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
ALF Urges Supreme Court To Clarify Federal Preemption Of Pesticide Failure-To-Warn Suits Read More »
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
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
Supreme Court Petition Seeks Review of Important Trademark Law Issues Read More »
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
Panel: Strategic Use of Amicus Briefs In Appellate Litigation Read More »
Is your case going on appeal? As an appellate specialist, I know that these are the questions many clients want answered: 1. How do appeals differ from trials? 2. What are the key steps in an appeal? 3. Do I really need to hire an appellate specialist? 4. How much will the appeal cost? This
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