Effective use of amicus curiae (“friend of the court”) briefs is an important part of appellate practice in federal and state courts. Every lawyer who is handling or managing an appeal should “think amicus.” In other words, think about whether submission of one or more amicus briefs would be helpful to your client’s position. Thinking […]
I am thrilled to be entering my 3rd year of independent legal practice. Thank you clients and friends! Larry Ebner
After almost a decade of jurisdictional discovery, pretrial motions, and appeals, the U.S. Court of Appeals for the Fourth Circuit has affirmed dismissal of the “Burn Pit” multidistrict personal injury litigation on the ground that it is barred by the political question doctrine. The litigation encompassed 63 separate complaints, including 44 putative nationwide class actions.
Federal Appeals Court Extinguishes Burn Pit Litigation Against Combat-Zone Contractor Read More »
The D.C. Circuit’s recent opinion in Federal Trade Commission v. Boehringer Ingelheim Pharmaceuticals, Inc., No. 16-53556 (June 19, 2018), illustrates Supreme Court nominee Brett Kavanaugh’s exceptionally clear writing style. Occupying only six pages, Judge Kavanaugh’s lucid opinion concisely summarizes and applies existing D.C. Circuit precedent—primarily his prior opinion in In re Kellogg Brown & Root, Inc.,
Recent Opinion Exemplifies SCOTUS Nominee Kavanaugh’s Lucid Legal Writing Read More »
I am pleased to announce that Capital Appellate Advocacy PLLC has been admitted to the International Network of Boutique & Independent Law Firms. The INBLF is a network of highly credentialed, single-discipline boutique law firms. We are the INBLF’s only appellate litigation firm in Washington, D.C. From the INBLF website: The INBLF is not an organization a
Capital Appellate Advocacy Now a Member of INBLF Read More »
Have you ever circulated for review and comment what you thought was a well-written draft motion or brief? Then you know how disconcerting it feels when your draft is returned with so much redlining (or undecipherable handwritten edits and notes), that your original is barely visible. How should you, a previously confident legal writer with
Collaborate Collegially on Legal Writing Read More »
Class actions have become a lucrative business for the plaintiffs’ bar. National corporate defendants sometimes settle even frivolous claims for substantial amounts, especially in plaintiff-friendly state courts. To curb state-court class-action abuses, the Class Action Fairness Act (“CAFA”) expressly authorizes “any defendant” to remove (i.e., transfer) a qualifying class action from state court to federal court,
DRI Files Amicus Brief Urging Supreme Court To Review Class-Action Fairness Issue Read More »
I am pleased to share the news that my law firm, Capital Appellate Advocacy, is profiled in the current edition of The Georgetowner. Thank you, Carr Workplaces, for arranging the interview, and for providing all of the facilities and support that independent professionals need. Read the profile here.
Capital Appellate Advocacy Profiled in “The Georgetowner” Read More »
On May 14, the Supreme Court held in Murphy v. National Collegiate Athletic Association that the federal Professional and Amateur Sports Protection Act (“PASPA”) is unconstitutional. The Court ruled that PASPA’s prohibition against States authorizing sports betting violates the “anticommandeering principle,” which precludes Congress from directing States to take, or refrain from taking, particular legislative
Supreme Court’s Sports Betting Decision Reveals Hidden Preemption Requirement Read More »
The proliferation of amicus curiae (friend-of-the-court) briefs in federal and state appellate courts—particularly in the U.S. Supreme Court—repeatedly raises the question of how much will an amicus brief cost? For most industry groups and other organizations interested in filing amicus briefs, my answer, as an appellate specialist who practices independently, is “less than you might expect—a
Trade Associations Want to Know: How Much Does an Amicus Brief Cost? Read More »
