AT LAST! A federal court of appeals has correctly interpreted and applied the “parallel requirements” exception to federal preemption of pesticide-related failure-to-warn claims. Read my Law360 Expert Analysis of the Third Circuit’s August 15, 2024 decision in Schaffner v. Monsanto.
Third Circuit Roundup® Ruling Is Roadmap For Preemption Of Failure-To-Warn Claims Read More »
FDCC’s “Friday 5” newsletter for August 30 includes my article discussing why the U.S. Judicial Conference’s Proposed Amicus Brief Amendments Are Unfriendly To The Civil Defense Bar. The article explains that the pending proposal to amend Federal Rule of Appellate Procedure 29 would require all non-governmental amicus briefs submitted to federal courts of appeals to
ALF long has been an advocate for ensuring that only reliable expert opinions are considered by courts and/or juries during any phase of litigation. In April 2024 ALF filed an amicus brief supporting NVIDIA Corporation’s certiorari petition in NVIDIA Corp. v. E. Ohman J:or Fonder AB, No. 23-970, a securities fraud suit governed by the
The Racketeer Influenced and Corrupt Organizations Act (“RICO”) authorizes the filing of civil suits for treble damages and attorney fees by “[a]ny person injured in his business or property by reason of” engaging in certain prohibited activities. 18 U.S.C. § 1964(c). RICO was enacted as a prosecutorial tool for fighting organized crime. The Second and
The Inflation Reduction Act’s highly politicized, misleadingly named, “Drug Price Negotiation Program” is a form of government-imposed price control. Under the Program, the Centers for Medicare & Medicaid Services selects certain “negotiation-eligible” brand-name drugs. Following a supposed “negotiation” and “agreement” with its manufacturer, each such drug can be sold within the enormous Medicare/Medicaid system only
The question presented by the pending certiorari petition in Parents Protecting Our Children v. Eau Claire Area School District, Wisconsin (23-1280) is whether parents have standing to challenge a school district’s “gender identity transition policy”—a policy, like many that have proliferated throughout the United States, that explicitly keeps parents in the dark if a student wishes
ALF Urges Supreme Court To Uphold Parents’ Rights Read More »
On June 21, 2024 I was privileged to moderate and speak on a Supreme Court review panel at the annual INBLF Litigation Fly-In in the Chicago area. Seven of us appellate specialists provided insights on recent or impending Supreme Court decisions of our choice. Charlie Frazier, Nancie Marzulla, and Charly Kagay are pictured above. And
Supreme Court Panel At INBLF Litigation Fly-In Read More »
On June 4, 2024 the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure decided to solicit public comment on proposed amendments to Federal Rule of Appellate Procedure 29 concerning the filing of amicus curiae briefs in federal courts of appeals. The amendments in part would require all court of appeals amicus briefs to
Ebner Quoted On U.S. Judicial Conference Amicus Rule Proposal Read More »
It was great to see and hear freedom-loving colleagues from many nonprofit advocacy organizations at the Spring 2024 Legal Strategy Forum at the Heritage Foundation‘s new Van Andel-Gaby Center on Capitol Hill in Washington, D.C.
Heritage Foundation Legal Strategy Forum Read More »
Digital/Social Media expert Nick Kosar of Open Road Digital has created this Atlantic Legal Foundation video, featuring some of the many testimonials we have received from the nation’s top Supreme Court advocates and business leaders. In addition to designing ALF’s new website, Nick worked closely with me to design and launch this new website for
New ALF Video Features Testimonials From Top Supreme Court Advocates Read More »
