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 »
The Mexican government has sued heavily regulated U.S. firearms manufacturers for $10 billion in damages and sweeping injunctive relief to redress “social costs” that it alleges to have incurred as a result of gun violence in Mexico. According to Mexico’s complaint, filed in Massachusetts federal district court, the defendant manufacturers have knowingly “aided and abetted”
Nyah Phengsitthy, Health Reporter at Bloomberg Law, has written an informative and insightful article, titled Wave of Amicus Briefs Back Drug Price Plan at Trial Court Stage, about the role that district court amicus briefs are playing in ongoing litigation challenging the Medicare Drug Price Negotiation Program. As reflected in her article, Nyah reached out
District Court Amicus Briefs Can Be A Useful Resource Read More »
The Supreme Court repeatedly has explained that the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., was enacted to quell judicial hostility to arbitration. FAA § 2 “is the primary substantive provision of the Act, declaring that a written agreement to arbitrate . . . ‘shall be valid, irrevocable, and enforceable, save upon such grounds as
ALF Urges Supreme Court To Decide Key Arbitration Issue Read More »
