ALF Argues New Drug Tort Violates Sound Science & Harms The Public Interest

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In the consolidated Gilead Tenofovir Cases, the California Court of Appeal held that “the legal duty of a manufacturer to exercise reasonable care can, in appropriate circumstances, extend beyond the duty not to market a defective product” (emphasis added). More specifically, the court held that “a drug manufacturer, having invented what it knows is a safer, and at least equally […]

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Amicus Brief Urges Supreme Court To Address Scope of Endangered Species Act Enviromental Impact Assessments

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The certiorari petition in Nantucket Residents Against Turbines v. Bureau of Ocean Energy Management, No. 24-337, asks the Supreme Court to decide whether federal agencies can, consistent with the plain language of the Endangered Species Act, exclude from their Section 7 analysis known and available science regarding impacts on an endangered species resulting from federal

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Larry Ebner Recipient of DRI 2024 Tom Segalla Excellence in Education Award

DRI, News /

I am very grateful to be this year’s recipient of DRI’s TOM SEGALLA EXCELLENCE IN EDUCATION AWARD. The award is given to a “member of DRI whose contributions through legal scholarship exemplify the highest educational standards of the organization and further its mission of improving the skills of the defense practitioner.” DRI President Anne M.

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ALF Urges 7th Circuit To Affirm District Court’s Rule 702 “Daubert” Order In Paraquat MDL

ALF Amicus Briefs, All Amicus Briefs /

In the Paraquat Products Liability multidistrict litigation, more than 5,000 individual plaintiffs allege that they developed Parkinson’s disease as a result of their exposure to paraquat, a widely used, U.S. EPA-regulated herbicide. The cases have been consolidated for multidistrict pretrial proceedings in the U.S. District Court for the Southern District of Illinois. In four trial selection (i.e.,

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Third Circuit Roundup® Ruling Is Roadmap For Preemption Of Failure-To-Warn Claims

All Publications, Commentary, Federal Courts of Appeals, Federal Preemption, Published Articles /

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.

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U.S. Judicial Conference’s Proposed Amicus Brief Amendments Are Unfriendly To The Civil Defense Bar

All Publications, Amicus Strategy & Procedure, Commentary, Federal Courts of Appeals, Published Articles /

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

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ALF Urges Supreme Court To Apply Expert Testimony Reliability Criteria To Private Securities Fraud Complaints

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

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

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DRI & ALF Argue That Civil RICO Excludes Claims For Personal Injury-Related Economic Harm

ALF Amicus Briefs, All Amicus Briefs, DRI, US Supreme Court /

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

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ALF Amicus Brief Supports Constitutional Challenge To Medicare “Drug Price Negotiation Program”

ALF Amicus Briefs, All Amicus Briefs, Federal Courts of Appeals /

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

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