Supreme Court Justice Clarence Thomas is known for his staunchly conservative views. He is not whom you might expect to cast a deciding vote that favors class-action plaintiffs. But that is exactly what he did on May 28 in Home Depot U.S.A., Inc. v. Jackson, No. 17-1471. In fact, Justice Thomas authored the Court’s 5-4 […]
Justice Thomas Challenges Congress To Learn How To Say What It Means Read More »
On May 13, the Supreme Court issued yet another opinion that facilitates, if not encourages, the filing of False Claims Act qui tam suits against federal government contractors, health care providers, and other recipients of federal payments or funds. In a unanimous opinion authored by Justice Clarence Thomas, the Court held in Cochise Consultancy, Inc.,
Supreme Court Delivers Another Qui Tam Setback to Government Contractors Read More »
The federal False Claims Act continues to lure prospective “qui tam relators” (i.e., whistle blowers ), and their attorneys, with a gleaming pot of gold. To reach the end of the rainbow, a qui tam relator must file, on behalf of the United States, a suit alleging that a government contractor, Medicare/Medicaid provider, or other
It’s Time for the Supreme Court To Stop Fueling False Claims Whistle-Blower Suits Read More »
Thank you Law 360 subscribers for making my op-ed, A Broader View of the US Supreme Court Bar, that publication’s second-most-read expert analysis during the week of April 22. Law 360 subscribers can access the op-ed here, and anyone can download a copy by clicking above. Earlier in April, I had posted the op-ed on
Law360 Op-Ed on “the Supreme Court Bar” Attracts Wide Readership Read More »
Under the leadership and with the guidance of Executive Director John Kouris, DRI continues to be the voice of the civil defense bar in the Supreme Court of the United States. Congratulations to Matt Nelson and Zach Chaffee-McClure on becoming Chair and Vice of DRI’s Amicus Committee, which reviews the steady stream of requests that
DRI-The Voice of the Defense Bar in the U.S. Supreme Court Read More »
Groucho Marx famously said “I don’t want to belong to any club that would accept me as a member.” Unlike Groucho’s club, the Supreme Court Bar is a “club” in which a multitude of talented appellate lawyers throughout the United States—not just an elite handful of marquee players—can be, should be, and in fact are,
Redefining “the Supreme Court Bar” Read More »
Reprinted from The Voice (April 3, 2019), published by DRI-The Voice of the Defense Bar Justice Brett Kavanaugh’s first Supreme Court opinion is a model of stylistic clarity and judicial restraint. Writing for a unanimous Court, his January 8, 2019 opinion in Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272, holds that where
Justice Kavanaugh’s Debut Supreme Court Opinion Read More »
The Supreme Court’s February 26, 2019 opinion in Nutraceutical Corp. v. Lambert, No. 17-1094, unanimously holds that Federal Rule of Civil Procedure 23(f) is not subject to equitable tolling. In other words, no matter what the circumstances, federal appellate courts cannot consider interlocutory appeals of district court class-action certification decisions if a review petition is filed
I am pleased to announce that I will be moderating a panel entitled ‘You Too Can Be a Supreme Court Practioner: Redefining ‘The Supreme Court Bar.’ This CLE panel, to be held in Chicago on July 19, will be part of the annual Appellate Advocacy Seminar sponsored by DRI-The Voice of the Defense Bar. Our
How To Become a Supreme Court Practitioner Read More »
Early in law school, one of my esteemed (but perhaps grammatically challenged) professors explained that the key to understanding any case is figuring out “who is suing who, and why?” On January 15, the Justices very well may have been asking themselves that question during the Supreme Court’s hearing in Home Depot USA, Inc. v. Jackson, No. 17-1471. In
Who is Suing Who, and Why? Read More »
