Amicus Brief FAQs
Frequently asked questions about amicus curiae (friend-of-the-court) briefs, including why and when to file them, are answered in the attached article.
Supreme Court 411 On Federal Agency 180
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
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Supreme Opinion on the Supremacy Clause
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
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DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief On Class Action Certification Principles
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.
Untangling “A Little Snag” At the Supreme Court
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.
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Supreme Court Still Divided Over How To Interpret Express Preemption Provisions
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
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DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief On State Statutes of Repose
Lawrence S. Ebner filed in U.S. Supreme Court a merits-stage amicus brief on behalf of DRI-The Voice of the Defense Bar in CTS Corp. v. Waldburger, No. 13-339, on the question of whether a federal preemption provision that expressly refers to state statutes of limitations governing third-party environmental damages suits also applies to state statutes of
DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief on Supreme Court Review of Class-Certification Decisions
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 Carpenter Co. v. Ace Foam, Inc., No. 14-577, arguing that the Court has certiorari jurisdiction to review district court class-certification decisions even when a court of appeals has denied Federal Rule of Civil Procedure 23(f) interlocutory
Defending Battlefield Contractors
There is an ongoing jurisprudential war over what types of wrongful death or personal injury suits – if any – can be pursued against war-zone contractors that make it possible for the U.S. military to carry out overseas combat operations. This article discusses some of the key defenses.
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Q & A With Larry Ebner
Law360 interviewed Larry Ebner about his appellate litigation practice. Read the interview here.
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