all things amicus

ALF Urges Supreme Court To Review & Reject Expansive View of Product Manufacturers’ Civil Aiding-and-Abetting Liability

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation /

The Mexican government has sued heavily regulated U.S. firearms manufacturers for $10 billion in damages and sweeping injunctive relief to redress “social costs” that it alleges to have incurred as a result of gun violence in Mexico. According to Mexico’s complaint, filed in Massachusetts federal district court, the defendant manufacturers have knowingly “aided and abetted” […]

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District Court Amicus Briefs Can Be A Useful Resource

Amicus Strategy & Procedure, Commentary /

Nyah Phengsitthy, Health Reporter at Bloomberg Law, has written an informative and insightful article, titled Wave of Amicus Briefs Back Drug Price Plan at Trial Court Stage, about the role that district court amicus briefs are playing in ongoing litigation challenging the Medicare Drug Price Negotiation Program. As reflected in her article, Nyah reached out

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ALF Urges Supreme Court To Decide Key Arbitration Issue

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Civil Justice /

The Supreme Court repeatedly has explained that the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., was enacted to quell judicial hostility to arbitration. FAA § 2 “is the primary substantive provision of the Act, declaring that a written agreement to arbitrate . . . ‘shall be valid, irrevocable, and enforceable, save upon such grounds as

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amicus brief commentary

Requiring Leave To File Amicus Briefs Is A Bad Idea

All Publications, Appellate Practice, Commentary, Federal Courts of Appeals, Published Articles /

The U.S. Judicial Conference’s Advisory Committee on Appellate Rules is considering a proposal to amend Federal Rule of Appellate Procedure 29(a) by requiring that a motion for leave be filed with all non-governmental amicus briefs in federal courts of appeals. In other words, if the proposed amendment were adopted, obtaining the parties’ consent to the

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ALF Urges Supreme Court To Apply Federal Evidence Rule 702 To Securities Fraud Complaints

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Civil Justice, US Supreme Court /

The Atlantic Legal Foundation long has been an advocate for ensuring that only reliable expert opinions are considered by courts and/or juries during any phase of litigation. In support of a certiorari petition filed by NVIDIA Corporation in a securities fraud suit governed by the Private Securities Litigation Reform Act (“PSLRA”), ALF has filed an

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ALF Urges Supreme Court To Decide Whether Federal Law Precludes Climate Change Damages Suits

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Preemption, US Supreme Court /

State and local governments have filed dozens of damages suits in state courts around the United States collectively seeking billions of dollars  from major oil and gas producers for the alleged local effects of global warming and climate change.  The potentially disastrous national and international ramifications of allowing these proliferating suits to proceed are enormously

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Law360 Reappoints Larry Ebner To Appellate Editorial Advisory Board

Appellate Practice, News /

Law360 has announced that I have been selected to be one of 14 members of its 2024 Appellate Editorial Advisory Board. “The editorial advisory boards provide feedback on Law360’s coverage and expert insight on how best to shape future coverage.” I also was a member of the 2023 Appellate Editorial Advisory Board. Law360 is the

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Three BIG Amicus Brief Mistakes

All Publications, Amicus Strategy & Procedure, Published Articles /

By Lawrence Ebner, Founder, Capital Appellate Advocacy PLLC Published in Friday Fives, Federation of Defense & Corporate Counsel Filing amicus curiae briefs is a well-accepted part of practicing before the Supreme Court, federal courts of appeals, and many state appellate courts. If you really want to be a “friend of the court” — if you

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ALF Urges California Supreme Court To Review & Reject Expansive Product Liability Theory

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation /

In the consolidated Gilead Tenofovir Cases, the California Court of Appeal held that “the legal duty of a manufacturer to exercise reasonable care can, in appropriate circumstances, extend beyond the duty not to market a defective product” (emphasis added). More specifically, the court held that “a drug manufacturer, having invented what it knows is a safer, and at least equally

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Webinar: How To Write and Use Amicus Briefs Strategically

Amicus Strategy & Procedure, News, Presentations /

On March 4, 2024, Larry Ebner presented a webinar for the Dartmouth Lawyers Association on How To Write and Use Amicus Briefs Strategically. Interviewed by DLA Treasurer Hilary B. Miller, Larry, a 1969 Dartmouth College graduate, covered key questions from the viewpoints of both amicus brief authors and parties seeking amicus support. For example— Click

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