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
At the invitation of The Federalist Society, Larry Ebner, founder of Capital Appellate Advocacy PLLC, conducted a 45-minute teleforum on the shortcomings and practical impact of the Supreme Court’s December 6, 2016 opinion in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No.15-513. The Court unanimously held that dismissal is not required
Podcast: Supreme Court Opinion Undermines Integrity of FCA Qui Tam Scheme Read More »
BigLaw Alums Q&A: Capital Appellate’s Larry Ebner Law360, New York (December 13, 2016, 3:59 PM EST) — Lawrence S. Ebner is the founding member of Washington, D.C.-based appellate litigation boutique, Capital Appellate Advocacy PLLC, where he focuses on federal issues at the Supreme Court and in federal courts of appeals throughout the United States. He is a fellow
Leaving BigLaw Behind: Law360 Interviews Capital Appellate Advocacy’s Larry Ebner Read More »
The U.S. Supreme Court’s unanimous opinion in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15513 (Dec. 6, 2016), is a disappointingly narrow decision. It merely holds that dismissal of a False Claims Act qui tam suit for violation of the “seal” provision, 31 U.S.C. § 3730(b)(2), is not mandatory.
Supreme Court’s FCA Seal Violation Opinion Lacks Needed Guidance Read More »
What do prescription drugs, motor boats, pesticides, automobiles, medical devices, locomotives, cigarettes, vaccines, and oil tankers have in common? During the past 25 years, each has been the subject of at least one Supreme Court opinion concerning federal preemption of state-law product liability claims. No uniform rule has emerged from those opinions (e.g., there is
Supreme Court Punts On Another Federal Preemption Product-Liability Conundrum Read More »
The unresolved question debated at the November 1 U.S. Supreme Court hearing in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513, involves the standard for dismissing a False Claims Act qui tam suit where the relator (i.e., whistleblower plaintiff), or the relator’s attorney, willfully violates the statute’s mandatory seal
Justices Should Consider Harm To Qui Tam Defendants Read More »
The Iraq War is still being fought, but in the federal courts rather than on foreign battlefields. On October 21, 2016, a panel of the U.S. Court of Appeals for the Fourth Circuit issued what is probably the most refined and nuanced opinion of any federal court on the question of whether the political question
Abu Ghraib Contractor Still Faces Potential Tort Liability for Alleged Detainee Abuse Read More »
Two recent Law360 feature articles on the influence of U.S. Supreme Court amicus briefs quote Larry Ebner, founder of Capital Appellate Advocacy PLLC, a Washington, D.C.-based appellate litigation boutique. The October 19 article, entitled “6 Ways To Be the High Court’s Best Friend,” quotes Larry on the advantages of representing amicus groups “with a strong reputation of
Larry Ebner Quoted In Two Law360 Feature Articles on Supreme Court Amicus Briefs Read More »
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
American Academy of Appellate Lawyers Inducts Larry Ebner As Fellow Read More »
