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
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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 »
Three of Capital Appellate Advocacy founder Larry Ebner ‘s recent professional accomplishments were highlighted in the Attorney Briefs section of the District of Columbia Bar’s August 2017 edition of Washington Lawyer magazine. Click here to read.
DC Bar Attorney Briefs: Lawrence S. Ebner Read More »
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
Hollow Victory for Anti-Pesticide Groups Read More »
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
Larry Ebner Speaks at ISSA Forum Read More »
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.
Tough Times for Forum Shoppers Read More »
