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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Will Stare Decisis Save a Woman’s Right To Abortion?

Commentary, US Supreme Court /

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,

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Supreme Court Justices Continue to Debate When to Overturn “Bad” Precedent

Commentary, US Supreme Court /

Reprinted from Washington Legal Foundation’s Legal Pulse (April 22, 2020) Last Fall I wrote a Legal Backgrounder for Washington Legal Foundation, The Fuss Over Stare Decisis, that highlighted several October Term 2019 Supreme Court decisions in which the Justices’ debated the criteria for overturning precedent. As the April 20 decision in Ramos v. Louisiana, No. 18-5924, makes clear, the

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Amicus Brief Urges Supreme Court To Rule On Federal Contractor Right To Immediately Appeal Immunity-From-Suit

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

This week I filed on behalf of DRI-The Voice of the Defense Bar, through its Center for Law and Public Policy, an amicus curiae brief urging the Supreme Court to review a question that is fundamental to civil litigation fairness: When a private party sues a federal contractor for alleged tortious conduct in connection with

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“Friendly Guidance” from the Supreme Court Clerk

Amicus Strategy & Procedure, Commentary, US Supreme Court /

The Clerk of the Supreme Court of the United States has posted a Memorandum To Those Intending To File An Amicus Curiae Brief (October 2019). For attorneys with experience authoring and filing Supreme Court amicus briefs — see Learning the High Art of Amicus Brief Writing — the Clerk’s guidance does not contain any earthshaking

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