So the case that you lost—or won—at the trial court level is going to be appealed. What now? If you have not already done so, you should select and engage an appellate attorney. Whom to choose and how to forge a successful relationship with that attorney often involves considerations that are specifically tailored to appellate […]
How to Choose and Hire an Appellate Attorney Read More »
Law360 “Expert Analysis” by Lawrence S. Ebner & Lisa N. Himes (published Sept. 24, 2015) The Iraq war is still being fought in U.S. courtrooms. Federal courts of appeals and district courts continue to struggle with the fundamental question of whether, or to what extent, government contractors can be held liable under state tort law for
What the Fourth Circuit Will Address in the Abu Ghraib Case Read More »
Lawrence S. Ebner filed in the U.S. Supreme Court a certiorari-stage amicus curiae brief on behalf of the Coalition For Government Procurement & the Professional Services Council in AT&T, Inc. v. United States ex rel. Heath, No. 15-363, arguing that nationally uniform enforcement of the Federal Rule of Civil Procedure 9(b) fraud-pleading standard in False Claims Act qui tam
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 and the Professional Services Council-The Voice of the Government Services Industry in Campbell-Ewald v. Gomez, No. 14-857, on the questions of class-action mootness and derivative sovereign immunity for federal government contractors. Read the brief here.
Frequently asked questions about amicus curiae (friend-of-the-court) briefs, including why and when to file them, are answered in the attached article.
Companies that do business in the United States continue to be justifiably concerned about the exploding number of onerous federal regulations that have been issued by Obama Administration departments and agencies. The Supreme Court’s March 9, 2015 decision in Perez v. Mortgage Bankers Association, No. 13-1041, unavoidably bolstered the Executive Branch’s seemingly free rein by
Supreme Court 411 On Federal Agency 180 Read More »
Anyone interested in constitutional law or the subject of federal preemption of state law should read the Supreme Court’s recent opinion in Armstrong v. Exceptional Child Center, Inc., No. 14-15. The Court held, in an opinion authored by Justice Scalia, that the Constitution’s Supremacy Clause, Art. VI, cl.2, “creates a rule of decision” — courts “must not
Supreme Opinion on the Supremacy Clause Read More »
Lawrence S. Ebner filed in the U.S. Supreme Court a certiorari-stage amicus brief on behalf of DRI-The Voice of the Defense Bar in Dow Chemial Co. v. Industrial Polymers, Inc., No. 14-1091, urging the Court to curb the use of statistical modeling to establish predominance or commonality for class-certification purposes. Read the amicus brief here.
When is a “question presented” actually presented to the Supreme Court? The Justices debated that issue in Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014). Click here to read more.
Untangling “A Little Snag” At the Supreme Court Read More »
Most of the commentary on the Supreme Court’s June 9, 2014 decision in CTS Corp. v. Waldburger, No. 13-339, has focused on the holding that CERCLA does not preempt state statutes of repose which, after a set number of years, extinguish environmental and toxic tort claims—even if the plaintiff-friendly state statute of limitations that § 9658 of CERCLA mandates has not
Supreme Court Still Divided Over How To Interpret Express Preemption Provisions Read More »
