(L-R): Angela Flowers, Elissa Haynes, Larry Ebner, Miranda Soto, Ann Trivett, Caryn Lilling At the 2024 Winter Meeting of the Federation of Defense & Corporate Counsel in St. Petersburg, Florida, I organized and moderated a lively and insightful panel on the many benefits of including an appellate specialist in a trial team. Our distinguished panelists, […]
Posturing Your Case To Win On Appeal Read More »
I am a steadfast advocate for keeping junk science out of courtrooms—for federal judges fulfilling their expert testimony gatekeeper role under Federal Rule of Evidence 702. But should Rule 702’s reliability criteria, which are traceable to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), formally apply to amicus briefs that contain scientific or
A Solution In Search of a Problem? Read More »
The Supreme Court has agreed to hear Murthy v. Missouri, No. 23-411, a First Amendment freedom of speech case brought by the States of Missouri and Louisiana and several individual social media users, including public health experts. They seek to enjoin White House, Surgeon General, Centers for Disease Control (CDC), Cybersecurity and Infrastructure Security Agency (CISA), and other
ALF Urges Supreme Court To Let Scientific Debate Flourish Read More »
DC has a zillion talented lawyers. About 180 have been designated 2024 Appellate Super Lawyers. Only 8 of us are solo appellate litigators. Thank you Thomson Reuters for this recognition, with which you honored me every year since 2018!
2024 Appellate Super Lawyers Read More »
As a Big Law alumnus who writes and reads a lot of amicus briefs, I’m neither impressed nor surprised by a newly published statistical analysis, Ideological Leanings in Likely Pro Bono BigLaw Amicus Briefs in the United States Supreme Court, Harv. J.L. & Pub. Pol’y Per Curiam (Winter 2024). The analysis, conducted by Prof. Derek
Amicus Brief-Based Analysis of Big Law Firms’ Ideological Leanings Proves Little Read More »
The DRI Center for Law and Public Policy, which I currently have the privilege of chairing, is DRI’s think tank and advocacy voice. Its recently published 2023 Annual Report highlights the multifaceted activities being pursued by The Center’s Legislation & Rules Committee, Public Policy Committee, Amicus Committee, and their many task forces and working groups,
2023 Annual Report – DRI Center for Law and Public Policy Read More »
Electronic tickets, purchased online for admission to sports, entertainment, and many other types of events, have become ubiquitous. When small groups, such as friends or family, plan to attend an event together, it is customary for one individual to purchase tickets for the group, download them to and store them on his or her mobile
ALF Urges 4th Circuit To Enforce Electronic Ticket Arbitration Agreements Read More »
Section 2 of the Federal Arbitration Act (“FAA”) mandates that arbitration agreements “shall be valid, irrevocable, and enforceable.” 9 U.S.C § 2. Section 1 of the FAA, however, exempts “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” 9 U.S.C § 1. The Supreme Court
ALF Argues That Arbitration Act’s “Transportation Worker” Exemption Is Narrow Read More »
The Supreme Court repeatedly has recognized that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., embodies a strong federal policy requiring judicial enforcement of private-party agreements to resolve disputes through binding arbitration, which usually is speedier, more efficient, and less expensive than litigation. To facilitate these benefits, arbitration agreements often contain a “delegation clause”
ALF Urges Supreme Court To Enforce Arbitrator Delegation Clause Read More »
Where can a company that offers its products nationwide—either directly through its own interactive website, or indirectly through a third-party online platform such as Amazon—be sued? This is the important, recurring, Internet-age, personal jurisdiction question that the petitioners in Photoplaza, Inc. v. Herbal Brands, Inc., No. 23-504, are asking the Supreme Court to decide. The certiorari
ALF Amicus Brief Urges Supreme Court To Decide Where Online Sellers Can Be Sued Read More »
