This week I filed on behalf of DRI-The Voice of the Defense Bar, through its Center for Law and Public Policy, an amicus curiae brief urging the Supreme Court to review a question that is fundamental to civil litigation fairness: When a private party sues a federal contractor for alleged tortious conduct in connection with […]
It has been my privilege to advise and represent the Creosote Council since its founding almost 35 years ago. This month, Dave Webb, who is the Creosote Council’s Administrative Director, and I have published a peer-reviewed, open-access article, Scope and Application of the FIFRA Treated Articles Exemption, in the Journal of Transportation Technologies. Our article
EPA Regulation of Wood Preservatives Has Its Limits Read More »
Jay Vroom probably knows as much about the issues confronting the agricultural industry—“agribusiness”—as most anyone in Washington, D.C. In 2018 he stepped down as President and CEO of CropLife America, where he represented the nation’s crop protection pesticide and biotechnology innovators, producers, and distributors for three decades. Earlier in Jay’s career—after growing up on his
I am honored to be joining the DRI Center for Law & Public Policy’s leadership team — Kathy Guilfoyle (Chair), Gardner Duvall and I (Co-Vice Chairs), Steve Puiszis (Immediate Past Chair), Toyja Kelley (DRI Immediate Past President & Officer Liaison), Jill Cranston Rice (Issues & Advocacy Committee Chair), Joseph Hanna (External Policy Allilance Committee Chair),
Larry Ebner Joins DRI Center for Law and Public Policy Leadership Team Read More »
The Clerk of the Supreme Court of the United States has posted a Memorandum To Those Intending To File An Amicus Curiae Brief (October 2019). For attorneys with experience authoring and filing Supreme Court amicus briefs — see Learning the High Art of Amicus Brief Writing — the Clerk’s guidance does not contain any earthshaking
“Friendly Guidance” from the Supreme Court Clerk Read More »
The federal AbilityOne Program, administered by the AbilityOne Commission, provides employment opportunities for tens of thousands of people who are blind or severely disabled. These skilled and dedicated individuals work at § 501(c)(3) nonprofit agencies (“NPAs”) that manufacture or provide a wide variety of products or services needed by the federal government. To create and
Supreme Court Urged To Hear Appeal About Saving Jobs For People Who Are Blind Read More »
Late last term, the U.S. Supreme Court issued several decisions that reveal, in a variety of contexts, the justices’ current thinking on the role and application of stare decisis. My new Legal Backgrounder for the Washington Legal Foundation, The Fuss Over “Stare Decisis”: Four October Term 2018 Rulings Open Window to Justices’ Current Thinking, discusses
Starry, Starry Fight? Justices Debate “Stare Decisis” Read More »
I opened my appellate litigation boutique, Capital Appellate Advocacy PLLC, on September 1, 2016. Practicing law as an independent professional has been extraordinarily fulfilling. During the past three years I have been able to focus on clients’ needs and problems in a highly personalized, hands-on way – and apply the legal experience, skills, and knowledge
Larry Ebner Is Celebrating His 3rd Anniversary As An Independent Appellate Advocate Read More »
Trade associations and professional organizations do not have to sit on the sidelines while the Supreme Court or lower appellate courts consider legal issues that may significantly affect their members. Amicus curiae (“friend of the court”) briefs give entire industries and professions a direct line of communication to appellate courts on the policy implications and practical
Make Amicus Briefs Part of Your Advocacy Program Read More »
Note: On August 26, 2019, the Washington Legal Foundation published this article as part of its Legal Pulse blog. FIFRA, the federal pesticide statute, gives the U.S. Environmental Protection Agency (EPA) exclusive authority to regulate the content of pesticide labeling, including health & safety warnings. Section 24(b) unequivocally declares that a “State shall not impose .
EPA Finally Flexes Some Preemption Muscle Read More »
