Almost everywhere they turn, California residents and visitors are barraged with a bewildering number of health-related warnings imposed by State measures such as Proposition 65. As if Californians were going to pay attention to even more ubiquitous, State-mandated warnings that intrude into their everyday lives, State Senator Ricardo Lara has introduced a bill entitled “The Cleaning […]
Californians Beware! Read More »
On May 11, Larry Ebner, founder of Capital Appellate Advocacy, moderated a panel on “Handling A Civil Appeal When the Government Is a Party.” The panel was part of the Appellate Advocacy Seminar sponsored by DRI-The Voice of the Defense Bar in New Orleans. Panel participants were Mark Chenoweth, General Counsel of the Washington Legal
Panel: Handling An Appeal When the Government Is a Party Read More »
DRI-The Voice of the Defense Bar files amicus briefs at both the certiorari and merits stages in cases raising legal issues that are exceptionally important to the civil defense bar and its clients. I have the privilege of serving as Chair of the DRI Amicus Committee, which reviews requests for DRI amicus support. The attached
Update: DRI’s Supreme Court Amicus Program Read More »
Subrogation of insureds’ third-party claims is not a subject that excites too many lawyers. But in Coventry Health Care of Missouri Inc. v. Nevils, No. 16-149, decided on April 18, 2017, the Supreme Court issued a subrogation-related opinion that will be of interest to anyone who tracks the Court’s federal preemption jurisprudence. In particular, the
A Closer Look At “Preemptive” Federal Contract Terms Read More »
On April 17 the Supreme Court — in its final Order prior to Justice Neil Gorsuch’s inaugural session — declined to review the constitutionality of New York Judiciary Law § 470. Under that law, as recently interpreted by the New York Court of Appeals, a New York bar member residing anywhere other than in New York
Supreme Court Won’t Review Discriminatory Law-Practice Statute Read More »
My eyes usually glaze over about halfway through the opening paragraph of any judicial decision involving patent infringement. But the Supreme Court’s March 21, 2017 opinion in SGA Hygiene Products v. First Quality Baby Products, No. 15-927, kept my attention. The issue was whether the equitable defense of “laches” can bar a patent infringement suit
Supreme Court Scratches Laches Read More »
DRI-The Voice of the Defense Bar has filed an amicus curiae brief in the U.S. Supreme Court to support a brand-name drug manufacturer’s challenge to a California Supreme Court ruling holding that nationwide marketing and distribution activities create enough of a “substantial connection” with California to enable that State’s courts to adjudicate out-of-state plaintiffs’ product liability claims. The DRI brief, filed
DRI Amicus Brief Repudiates California’s Open Invitation To Forum Shoppers Read More »
The only thing predictable about the U.S. Supreme Court’s decisions on federal preemption — a subject that strikes at the heart of federalism — is the odd way that the Justices spell “pre-emption.” While the Court’s implied preemption (field preemption and conflict preemption) case law is particularly difficult to reconcile, the Court in recent years
Can Federal Contract Requirements Preempt State Law? Read More »
On May 11, 2017 Lawrence S. Ebner, founder of Capital Appellate Advocacy PLLC, will be moderating a panel discussion on “Handling an Appeal When the Government Is a Party.” The panel, part of the Appellate Advocacy Seminar sponsored by DRI-The Voice of the Defense Bar in New Orleans, will feature Mark S. Chenoweth, General Counsel
Are Securities and Exchange Commission (SEC) administrative enforcement proceedings constitutional? According to a recent, well-reasoned opinion issued by the US Court of Appeals for the Tenth Circuit, Bandimere v. SEC, 844 F.3d 1168 (10th Cir. 2016), the answer is no. Bandimere focuses on SEC Administrative Law Judges (ALJs), who preside over in-house, trial-type proceedings
Unconstitutionally Appointed Administrative Law Judges Continue to Haunt SEC Read More »
