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 […]
Justice Gorsuch’s Exciting First Opinion Read More »
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
Two Supreme No-Brainers Read More »
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
Supreme Court Derails Forum Shoppers Read More »
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 »
