In Ali Jaber v. United States, No. 16-5093 (D.C. Cir. June 30, 2017), recently retired D.C. Circuit Judge Janice Rogers Brown authored a unanimous panel opinion faithfully applying circuit precedent and the political question doctrine to bar a declaratory judgment suit challenging the wisdom of a U.S. drone strike in Yemen that allegedly resulted in […]
Two defense industry trade associations – the Professional Services Council and the National Defense Industrial Association – have filed an amicus curiae brief urging the U.S. Court of Appeals for the Fourth Circuit to affirm a federal trial court’s dismissal of the “Burn Pit” battlefield contractor litigation. The amicus brief argues that where, as in the Burn Pit litigation, private-party
Who would have guessed when I graduated from Harvard Law School in June 1972 that my 45th class reunion in October 2017 would coincide with that institution’s Bicentenntial celebration? The event began with a roundtable discussion among Dean John Manning and six current/former Supreme Court Justices, all of whom are Harvard Law School alumni. No
Six Supreme Court Justices Reminisce Read More »
DRI-The Voice of the Defense Bar has filed an amicus brief in the U.S. Supreme Court supporting the certiorari petition in Ferrellgas Partners, L.P. v. Morgan-Larson, LLC, No. 17-441. In its brief, DRI urges the Supreme Court to grant review and clarify the scope and application of the “continuing violation doctrine” insofar as it applies to
DRI Brief Urges Supreme Court To Enforce Antitrust Statute Of Limitations Read More »
On October 12, 2017, Capital Appellate Advocacy founder Larry Ebner participated in a Strafford live webinar, “Strategic Use of Amicus Briefs in Appellate Advocacy.” Larry and two additional highly experienced appellate specialists, Averil Rothrock and Mary-Christine (M.C.) Sungaila, covered many amicus brief-related topics, such as the following: Click here to download the webinar Power Points.
Webinar: Strategic Use of Amicus Briefs in Appellate Advocacy Read More »
After almost eight years of consolidated, multidistrict, pretrial proceedings—including massive jurisdictional discovery and a succession of dispositive motions and appeals—Judge Roger W. Titus of the U.S. District Court of the District of Maryland on July 19, 2017 dismissed in its entirety the “Burn Pit” toxic-tort multidistrict litigation. The primary defendant, Kellogg Brown & Root Services,
Federal Court Won’t Second-Guess U.S. Military Combat-Zone Decisions Read More »
Susan M. Freeman, President of the American Academy of Appellate Lawyers (AAAL), has appointed Capital Appellate Advocacy founder and AAAL fellow Lawrence S. Ebner to serve as Editor of The Appellate Advocate, the organization’s semi-annual newsletter. About AAAL Since its founding in 1990, AAAL has committed itself to advancing the administration of justice and promoting the
AAAL Appoints Larry Ebner as Editor of The Appellate Advocate Read More »
My thanks to the more than 3,300 individuals who have viewed my September 1 “First Anniversary” posting on LinkedIn, and the more than 55 individuals who “Liked” it: Little more than a year ago, I would have described as crazy anyone who predicted that I would become a solo practitioner. But that is exactly what
Capital Appellate Advocacy’s First Anniversary Read More »
There is an art to writing amicus curiae (“friend of the court”) briefs. Capital Appellate Advocacy’s Larry Ebner, who serves DRI-The Voice of the Defense Bar as Chair of its Amicus Committee, has written an article in the February 2017 edition of For The Defense, “Learning the High Art of Amicus Brief Writing.” The article — which has been
Learning the High Art of Amicus Brief Writing Read More »
Under FIFRA, the federal pesticide law, the U.S. Environmental Protection Agency (EPA) and state agencies both have authority to regulate the sale and use of agricultural, industrial, structural, and consumer pesticides, but only EPA can regulate the content and format of nationally uniform pesticide product labeling. Emboldened by a 1991 Supreme Court decision, and despite state-imposed preemption
It’s Time To Fix FIFRA Preemption Read More »
