American Academy of Appellate Lawyers Inducts Larry Ebner As Fellow

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Lawrence S. Ebner was among the appellate attorneys inducted as  Fellows of the American Academy of Appellate Lawyers (AAAL) at its Fall 2016 meeting in San Antonio, Texas. Membership in AAAL, which is limited to 500 members, is reserved for experienced appellate advocates who have demonstrated the highest skill level and integrity. Nominations to the […]

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DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief on False Claims Act Qui Tam Seal-Breach Dismissal Issue

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Lawrence S. Ebner filed in the U.S. Supreme Court a merits-stage amicus curiae brief on behalf of DRI-The Voice of the Defense Bar in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513, urging the Court to hold that a willful violation of the False Claims Act’s mandatory seal requirement should result in dismissal

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Text Trumps Policy in Supreme Court False Claims Act “Implied Certification” Decision

Commentary, US Supreme Court /

The Supreme Court’s opinion in Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7 (June 16, 2016), will trigger weeks of commentary, months of debate, and years of litigation on how courts should apply the “implied false certification theory” of False Claims Act liability. But as discussed below, I believe that there

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Labor Department “Switcheroo” Gets No Respect From Supreme Court

Commentary, US Supreme Court /

According to Webster’s, a “switcheroo” is “an unexpected reversal or change.”  When a federal department or agency pulls a switcheroo on the public or an industry by abruptly reversing a long-held interpretation of a key statutory phrase, there can be serious economic or other consequences for those who are affected.  In an opinion issued on

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Justices Reject U.S. Attempt To Muddy The Waters On “Finality”

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The federal Administrative Procedure Act (“APA”), 5 U.S.C. § 704, authorizes companies or individuals to obtain judicial review when they are aggrieved by “final agency action.” This long-standing statutory right to go to court to challenge final actions by federal departments and agencies is sacrosanct among federally regulated industries and companies. In a unanimous decision

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Spokeo “Standing” Ruling Not Cast In Concrete

Commentary, US Supreme Court /

In a much anticipated decision, the Supreme Court held today in Spokeo, Inc. v. Robins, No. 13-1339, that alleging a “bare procedural violation” of a federal statute may not be enough to confer a plaintiff with standing to sue. On the other hand, the Court’s 6-2 opinion, authored by Justice Alito, indicated that “the violation

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DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief on Protection of Confidential Business Information

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Lawrence S. Ebner filed in the U.S. Supreme Court a certiorari-stage amicus curiae brief on behalf of DRI-The Voice of the Defense Bar in FCA US LLC v. The Center For Auto Safety, No. 15-1211, urging the Court to establish a nationally uniform “good cause” standard for averting the unsealing of court-filed discovery documents containing confidential business

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Is It Express? Is It Implied? Is It Preempted?

Commentary, Federal Preemption, US Supreme Court /

Every first-year law student learns the taxonomy of federal preemption principles: Although the Supreme Court’s Supremacy Clause cases frequently rely on this preemption lexicon, the Court long ago indicated that these categories are not “rigidly distinct.” English v. Gen. Elec. Co., 496 U.S. 72, 79 n.5 (1990). The Court’s April 19, 2016 opinion in Hughes

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Strategic Use of Amicus Briefs in Appellate Advocacy

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On April 19, 2016, Larry Ebner, along with Robin Conrad, Averil Rothrock, and M.C. Sungaila, presented a Strafford webinar on amiucs brief strategy, preparation, and procedures in the U.S. Supreme Court, federal courts of appeals, and state appellate courts.  

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