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
Top 4 FAQs About Appeals Read More »
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
Ebner Quoted on Significance of Supreme Court Opinion in Climate-Change Litigation Read More »
Law360 has published my Expert Analysis/Opinion, Keep Junk Science Away From Juries. The article explains that juries are being called upon to assess an increasingly broad range of scientific issues—ranging from medical causation in class-action/mass-action product liability litigation to the alleged effects of fossil-fuel emissions in climate-change damages suits. For this reason, trial judges’ “gatekeeper”
Keep Junk Science Away From Juries Read More »
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 »
In its March/April 2021 online and print editions, the Corporate Counsel Business Journal (CCBJ) has published an interview with Capital Appellate Advocacy founder and Atlantic Legal Foundation Executive Vice President & General Counsel, Larry Ebner. In the interview, titled Representing Amici Curiae In High Profile Appeals, Larry discusses the important functions that amicus briefs serve in appellate
Representing Amici Curiae In High-Profile Appeals 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 »
In its March/April 2021 online and print editions, the Corporate Counsel Business Journal (CCBJ) has published an interview with Atlantic Legal Foundation (ALF) Executive Vice President & General Counsel, Larry Ebner. The interview was arranged by Kristin Calve, Publisher & Co-Founder of CCBJ and a member of the Foundation’s Board of Directors. In the interview,
Corporate Counsel Business Journal Interview with Larry Ebner Read More »
I am delighted that at today’s 2021 Annual Meeting, the Atlantic Legal Foundation’s Board of Directors elevated me to the position of Executive Vice President & General Counsel. During the past 8 months it has been a professional and personal pleasure to conduct the Foundation’s long-renowned amicus curiae program, as well as continuing my independent
In light of recent Supreme Court precedent, there is a substantial question about whether administrative enforcement proceedings prosecuted by independent regulatory agencies such as the Securities and Exchange Commission(SEC) and the Federal Trade Commission (FTC) before their own removal-for-cause-only administrative law judges (ALJs) violate the separation of powers, and thus are unconstitutional. Federal courts of
Amicus Brief Argues That Justice Delayed Is Justice Denied Read More »
