Supreme Court Affirms Government Contractors’ Qualified Immunity

Commentary, US Supreme Court /

In a 6-3 decision issued on January 20, the Supreme Court affirmed in Campbell-Ewald Co. v. Gomez, No. 14-857, that federal government contractors are immune from litigation and liability if their work complies with federal directions. The Court rejected, however, unqualified immunity based on the federal government’s sovereign immunity (i.e., “derivative sovereign immunity”). Campbell-Ewald is […]

Supreme Court Affirms Government Contractors’ Qualified Immunity Read More »

How to Choose and Hire an Appellate Attorney

All Publications, Amicus Strategy & Procedure, Published Articles /

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 »

What the Fourth Circuit Will Address in the Abu Ghraib Case

All Amicus Briefs, Federal Courts of Appeals, Other Amicus Briefs /

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 »

Coalition For Government Procurement & Professional Services Council File Supreme Court Amicus Brief on False Claims Act Qui Tam Fraud-Pleading Issue

ALF Amicus Briefs, Other Amicus Briefs, US Supreme Court /

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

Coalition For Government Procurement & Professional Services Council File Supreme Court Amicus Brief on False Claims Act Qui Tam Fraud-Pleading Issue Read More »

DRI & PSC File Supreme Court Amicus Brief on Class-Action Mootness & Government Contractor Derivative Sovereign Immunity Issues

All Amicus Briefs, Other Amicus Briefs, US Supreme Court /

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.  

DRI & PSC File Supreme Court Amicus Brief on Class-Action Mootness & Government Contractor Derivative Sovereign Immunity Issues Read More »

Supreme Court 411 On Federal Agency 180

All Publications, Commentary, US Supreme Court /

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 »

Supreme Opinion on the Supremacy Clause

All Publications, Commentary, US Supreme Court /

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 »

DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief On Class Action Certification Principles

All Amicus Briefs, DRI, Other Amicus Briefs, US Supreme Court /

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.

DRI-The Voice of the Defense Bar Files Supreme Court Amicus Brief On Class Action Certification Principles Read More »

Scroll to Top