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 »
DRI-The Voice of the Defense Bar has appointed Lawrence S. Ebner to serve as chair of the 22,000-lawyer organization’s Amicus Committee. The Amicus Committee selects U.S. Supreme Court cases for DRI amicus (“friend of the court”) participation. Mr. Ebner is founder of Capital Appellate Advocacy PLLC, a Washington, D.C.-based appellate litigation boutique that represents businesses and industries in high-stakes
DRI Appoints Larry Ebner Amicus Committee Chair Read More »
Perhaps in anticipation of soon being joined by a ninth Justice, the Supreme Court agreed in mid-January to decide a number of litigation-related issues that may directly affect U.S. businesses: Because each of these issues has the potential to affect a broad range of U.S. businesses and industries, each of the Supreme Court cases in which they
Lawrence S. Ebner, founder of Capital Appellate Advocacy PLLC, has filed an amicus curiae brief on behalf of the Association of Corporate Counsel supporting the petition for writ of certiorari in Schoenefeld v. Schneiderman, No. 16-780. The certiorari petition requests the U.S. Supreme Court to review the constitutionality of New York Judiciary Law § 470. In
