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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Amicus Brief Urges Supreme Court To Limit Nationwide Class Actions

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

In Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), the Supreme Court held that for a state court to assert “specific personal jurisdiction” over the claims of out-of-state plaintiffs in a “mass-action” suit, there must be a substantial connection between the nonresident plaintiffs’ claims and the conduct of the defendant

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Op-Ed: Appellate Courts Should Welcome Well-Crafted Amicus Briefs

All Publications, Amicus Strategy & Procedure, Commentary, Federal Courts of Appeals, Published Articles, State Appellate Courts, US Supreme Court /

The following Op-Ed, published in Law360 on October 9, 2020, was written by Atlantic Legal Foundation Senior Vice President & General Counsel and Capital Appellate Advocacy founder Larry Ebner. Amicus curiae, or friend of the court, briefs have become a routine part of federal appellate practice. Hundreds of them are filed every year in the

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all things amicus

Amicus Brief Supports Meaningful Judicial Review of SEC Constitutional Challenge

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

In light of recent Supreme Court decisions, there is a substantial question about whether SEC administrative enforcement proceedings, conducted by SEC Administrative Law Judges who can be removed only “for cause,” violate the separation of powers. The certiorari petition in Gibson v. SEC, No. 20-276,  asks the Supreme Court to decide whether  a constitutional challenge to

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U.S. Agrees That Appealability of Federal Contractors’ Derivative Sovereign Immunity Defense Warrants Supreme Court Review

Commentary, DRI, US Supreme Court /

If a federal contractor can establish that it is entitled to “derivative sovereign immunity” when hit with personal injury litigation for carrying out the government’s work, is it immune from suit or merely protected from liability? And if a federal district court denies a motion to dismiss that is based on derivative sovereign immunity, is

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Five-Minute Guide To Trade Association Amicus Briefs

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

Does your association focus on legal, legislative, regulatory, or public policy issues? If so, amicus curiae (“friend of the court”) briefs should be part of your advocacy program. This Five-Minute Guide to Trade Association Amicus Briefs explains the amicus brief basics that every association should know. What Is an Amicus Brief? Amicus curiae briefs are

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