Supreme Court Petition Seeks Review of Important Trademark Law Issues

Atlantic Legal Foundation, US Supreme Court /

On August 9, 2021 I filed on behalf of Belmora LLC a Petition For a Writ of Certiorari requesting the Supreme Court to finally resolve long-standing circuit splits of authority concerning two fundamental issues of U.S. trademark law: Belmora LLC is a small, Virginia-based pharmaceutical company. It serves Hispanic-Americans by offering Belmora Pain Reliever Tablets […]

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Panel: Strategic Use of Amicus Briefs In Appellate Litigation

All Publications, Amicus Strategy & Procedure, Federal Courts of Appeals, Presentations, US Supreme Court /

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

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Ebner Quoted on Significance of Supreme Court Opinion in Climate-Change Litigation

Atlantic Legal Foundation, US Supreme Court /

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

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Keep Junk Science Away From Juries

All Publications, Atlantic Legal Foundation, Federal Courts of Appeals, Published Articles /

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”

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NYC Climate Change Suit Melts in Second Circuit

Atlantic Legal Foundation, Commentary, Federal Courts of Appeals, US Supreme Court /

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

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Representing Amici Curiae In High-Profile Appeals

All Publications, Amicus Strategy & Procedure, Published Articles /

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

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Amicus Brief Urges Supreme Court To Review Junk Science “Talc” Litigation

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

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

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Corporate Counsel Business Journal Interview with Larry Ebner

All Publications, Atlantic Legal Foundation /

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,

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Larry Ebner Elevated to Executive Vice President & General Counsel of Atlantic Legal Foundation

Atlantic Legal Foundation /

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

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