FIFRA is the comprehensive federal statute that for the past 70 years has regulated “pesticides”—a term which encompasses a broad range of agricultural, professional, industrial, and consumer pest control products. One of the most persistent as well as hotly contested areas of pesticide regulation involves the subject of “preemption”—the supremacy of federal law over […]
Is It Finally Time To Fix FIFRA Preemption? Read More »
In a feature article published on July 14, Bloomberg Law/BNA Federal Contracts Report turned to Capital Appellate Advocacy founder Larry Ebner for insight on “battlefield contractor” immunity defenses and case law growing out of U.S. military operations in Iraq and Afghanistan. According to Ebner, the D.C. Circuit’s 2009 decision in Saleh v. Titan Corp. is
Battlefield Contractor Immunity Article Quotes Larry Ebner Read More »
A feature article entitled “Supreme Court clamps down on state-court forum shopping,” published on July 13 in Massachusetts Lawyers Weekly, turns to Capital Appellate Advocacy founder Larry Ebner for comment. In two cases decided this Spring, BNSF Railway Co. v. Tyrrell (see Supreme Court Derails Forum Shoppers) and Bristol-Myers Squibb Co. v. Superior Court of California (see Tough
In a 2-1 decision issued on June 30, the D.C. Circuit court of appeals has allowed the continued use of cyantraniliprole (“CTP”)—which is classified by EPA as a reduced-risk agricultural insecticide—despite EPA’s undisputed failure to comply with Endangered Species Act (“ESA”) requirements to make an endangered/threatened species “effects” determination and consult with federal wildlife agencies. The declaratory
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On June 21, 2017, Capital Appellate Advocacy founder Larry Ebner spoke to the International Sanitary Supply Association (ISSA) Forum in Crystal City, Virginia on the practical implications of two recent California-related developments — the Cleaning Product Right To Know bill (SB 258) pending in the California Legislature. and the U.S. Supreme Court’s decision in Bristol-Myers
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The Supreme Court’s June 19 decision in Bristol-Myers Squibb v. Superior Court reaffirms well-established principles for state court exercise of specific (case-linked) personal jurisdiction. As a practical matter, the opinion curtails forum shopping for plaintiff-friendly courts in connection with tort actions brought by multi-state groups of plaintiffs against companies that are not “at home” in a forum state.
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The Daily Caller’s June 12 headline declares that “Justice Gorsuch’s First SCOTUS Opinion Is Super Boring.” Not so! Justice Gorsuch is off to a rousing start by transforming what sounds like a super-boring topic—the meaning of “debt collector” under the Fair Debt Collection Practices Act—into an opinion that from the first phrase of the first sentence
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On June 5 the Supreme Court issued two unanimous opinions that are elegantly straightforward. In Town of Chester, New York v. Laroe Estates, Inc., the Court held that an intervenor of right under Federal Rule of Civil Procedure 24(a)(2) must meet Article III standing requirements in order to pursue relief (such as a separate money
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Capital Appellate Advocacy founder Lawrence S. Ebner has filed an amicus curiae brief on behalf of the Association of Corporate Counsel urging the Supreme Court to overturn a Tenth Circuit ruling holding that a New Mexico professional conduct rule does not apply to federal prosecutors who subpoena lawyers to provide grand jury testimony about current and former clients. The
In-House Bar Urges Supreme Court To Apply State Ethical Standards To Federal Prosecutors Read More »
The Supreme Court’s May 30 opinion in BNSF Railway Co. v. Tyrrell reaffirms that a State’s court system cannot exercise “general” or “all-purpose” personal jurisdiction over a corporation unless the company is incorporated in that State, has its principal place of business in that State, or otherwise is “at home” in that State. See Daimler
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