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 […]
NYC Climate Change Suit Melts in Second Circuit Read More »
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
Amicus Brief Urges Supreme Court To Review Junk Science “Talc” Litigation Read More »
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
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
Larry Ebner Quoted About Importance of Supreme Court Climate-Change Case Read More »
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
Amicus Brief Urges Supreme Court To Limit Nationwide Class Actions Read More »
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
Op-Ed: Appellate Courts Should Welcome Well-Crafted Amicus Briefs Read More »
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
Amicus Brief Supports Meaningful Judicial Review of SEC Constitutional Challenge Read More »
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
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
Five-Minute Guide To Trade Association Amicus Briefs Read More »
For more than a year, Supreme Court Justices have been fiercely debating the proper role of stare decisis—adherence to precedent. They have engaged in this debate in cases that involved whether to overturn Supreme Court precedents on a variety of subjects. See Supreme Court Justices Continue To Debate When To Overturn “Bad” Precedent & Starry,
Will Stare Decisis Save a Woman’s Right To Abortion? Read More »
