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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all things amicus

Amicus Letter Explains That Federal Law Preempts Roundup® Product Liability Suit

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

The Atlantic Legal Foundation has submitted an amicus curiae (“friend of the court”) letter urging the California Supreme Court to grant the petition for review filed on August 31, 2020 by Monsanto Company in Johnson v. Monsanto, a bellwether case in which a former school groundskeeper claims he developed a form of cancer as a result

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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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California Court’s Preemption Ruling Clashes with EPA No-Cancer-Warning Determination for Roundup® Labeling

All Publications, Federal Preemption, Published Articles /

The following case analysis was published in the Washington Legal Foundation’s Legal Pulse blog on August 4, 2020. In the WLF Legal Pulse post EPA Finally Flexes Some Preemption Muscle, I explained that last year, the U.S. Environmental Protection Agency (EPA) repudiated California’s attempt, under the State’s Proposition 65 right-to-know law, to require manufacturers of glyphosate weed-control products

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Larry Ebner Elected Senior Vice President & General Counsel of Atlantic Legal Foundation

Atlantic Legal Foundation /

I am pleased to announce that I have been elected to serve as Senior Vice President & General Counsel of the Atlantic Legal Foundation, where I will strategize and implement its cornerstone amicus curiae (“friend of the court”) program. I also look forward to continuing my independent, nationwide, appellate litigation practice at Capital Appellate Advocacy

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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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Creosote Council Administrative Director Dave Webb Interviews Larry Ebner

News /

Dave Webb, Administrative Director of the Creosote Council , recently interviewed me about my 35 years of service as that joint data development & product stewardship group’s attorney. The interview focuses  on the constructive way that the Council has interacted with U.S. EPA’s Office of Pesticide Programs during a succession of scientific and regulatory reviews.

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A Digital Conversation with Government Relations Consultant, Public Speaker, and Author David Crow

News /

David Crow is President of D.C. Legislative and Regulatory Services (DCLRS), a bipartisan lobbying and government relations firm representing a diverse group of clients before Congress and federal regulatory agencies. David founded DCLRS almost 30 years ago. He and I have worked together on many client matters involving agricultural, wood preservative, and other types of

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A Digital Conversation With Author, Speaker, Podcast Host, Attorney Mentor and Educator, & High-Stakes Litigator Frank Ramos

News /

DRI-The Voice of the Defense Bar, published this digital conversation in the July 15, 2020 edition of The Voice newsletter. Francisco “Frank” Ramos, Jr., is incredibly dedicated to mentoring, educating, and promoting his fellow attorneys throughout the United States and globally, and in so doing, advancing the legal profession. Frank’s service as Managing Partner at Clarke

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