Thought-Provoking Federalist Society Lawyers Convention

Commentary, News /

I was delighted to attend The Federalist Society’s National Lawyers Convention in Washington, DC on November 11-13, 2021 at the Mayflower Hotel. This year’s theme—“Public and Private Power: Preserving Freedom or Preventing Harm?”—covered  many current issues expertly addressed from both legal and policy perspectives by prominent federal appellate judges, law professors, and advocacy organizations. The […]

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Hispanic-Americans May Be the Real Victims of the Flanax Litigation

All Publications, Commentary, Published Articles /

The following commentary was originally published by Jurist on November 5, 2021. My client, Jamie Belcastro, a registered pharmacist, started Belmora LLC, a small, Virginia-based company that sells nonprescription Flanax pain relief products, about 20 years ago. For much of this time Bayer AG, the multinational pharmaceutical corporation headquartered in Germany—whose gross revenues approach $

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ALF Presses Supreme Court To Review Selective Exclusion of Journalists From Government Briefings

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

The Atlantic Legal Foundation has submitted an amicus brief supporting the certiorari petition in John K. MacIver Institute for Public Policy, Inc. v. Tony Evers, Governor of Wisconsin, No. 21-388. The question presented —the proper First Amendment test for scrutinizing government officials’ selective exclusion of journalists from press conferences and briefings—goes to the heart of the

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It’s Time For The Supreme Court To Revisit FIFRA Preemption

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Preemption, State Appellate Courts, US Supreme Court /

More than two decades ago, I stood before the Justices of the California Supreme Court and succeeded in persuading them that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempts pesticide-related failure to warn claims. See Etcheverry v. Tri-Ag Service, Inc., 22 Cal.4th 316 (Cal. 2000).  Five years later, in Bates v. Dow AgroSciences,

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D.C. Circuit’s Exploratory Data Ruling Is A Win For Transparency

All Publications, Published Articles /

When scientists employed by universities, nonprofit institutes, or corporations publish scientific studies, they routinely make their underlying research data available to peer reviewers and anyone else who is interested. A recent D.C. Circuit decision¸ Pavement Coatings Technology Council v. United States Geological Survey, 995 F.3d 1014 (D.C. Cir. 2021), confirms that federal government scientists should

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Amicus Brief Argues Constitution Bars Talcum Powder “Consumer Protection” Suit

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation /

Thousands of product liability suits have been filed against Johnson & Johnson alleging that the company failed to warn consumers that women’s use of talcum powder can cause ovarian cancer. Based on the same failure-to-warn theory, Mississippi’s Attorney General has filed a state consumer protection action against Johnson & Johnson seeking millions of dollars in

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ALF Amicus Brief Argues That Courts, Not Bureaucrats, Should Interpret Federal Regulations

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Courts of Appeals /

The certiorari petition in AMN Services v. Clarke, No. 21-296, presents a Fair Labor Standards Act (FLSA) question about the relationship between per-diem payments for business-related travel and the calculation of overtime pay.  AMN Services, a healthcare temporary staffing company, reduces the amount of per-diem payments for traveling nurses who decline to work all of their

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R Street Institute Panel: Scientific Evidence In the Courtroom

All Publications, Presentations /

On September 9, 2021 I participated in a panel discussion on Scientific Evidence In the Courtroom.  The panel, part of a virtual event on sponsored by the R Street Institute, was moderated by R Street Fellow Anthony Marcum and also included former Boston Scientific General Counsel Tim Pratt. Our panel focused on the trial court

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all things amicus

ALF Urges Supreme Court To Clarify Federal Preemption Of Pesticide Failure-To-Warn Suits

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

I today filed on behalf of the Atlantic Legal Foundation a petition-stage amicus brief supporting Petitioner Monsanto Company in Monsanto Co. v. Hardeman, No. 21-241. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) vests the U.S. Environmental Protection Agency (EPA) with exclusive authority to regulate the content of pesticide product labeling. FIFRA accomplishes this by expressly

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Larry Ebner Inducted Into Federation of Defense & Corporate Counsel

News /

Capital Appellate Advocacy founder Larry Ebner has been inducted into the Federation of Defense & Corporate Counsel (FDCC). The organization’s website indicates that FDCC is composed of recognized leaders in the legal community who have achieved professional distinction, and is dedicated to promoting knowledge, fellowship, and professionalism of its members as they pursue the course

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