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 […]
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
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.
Defending Battlefield Contractors Read More »
Law360 interviewed Larry Ebner about his appellate litigation practice. Read the interview here.
Q & A With Larry Ebner Read More »
You’ve won your case in a federal court of appeals. Now the only hurdle between you and that long-awaited victory celebration is the certiorari petition that your opponent is sure to file. This article discusses whether, when, and how to oppose a certiorari petition in the U.S. Supreme Court.
When Enough is Enough! How To Oppose a Cert Petition Read More »
The United States can be a party’s best friend—or worst foe—when it enters an appeal as amicus curiae. My article for the DRI Appellate Advocacy Committee’s Certworthy newsletter provides attorneys with some practical guidance about interacting with the U.S. Department of Justice when it is engaged in the process of deciding whether to participate in an
The United States as Amicus Curiae: Making Uncle Sam Your New Best Friend Read More »
Larry Ebner’s Legal Backgrounder, published by the Washington Legal Foundation, discusses a Presidential Memorandum that purported to curtail the ability of federal department and agencies to issue regulations that preempt state and local law.
President Obama’s “Preemption Memo”: Much To Do About Very Little Read More »
Larry Ebner’s Legal Backgrounder, published by the Washington Legal Foundation, debunks four myths about federal preemption of state tort claims that involve federally-regulated products.
Four Myths About Federal Preemption of State Tort Claims Read More »
An article written by Daniel Fisher at Forbes.com quotes Larry Ebner about the significance of Food and Drug Administration approval of label warnings that are alleged to be inadequate in failure-to-warn suits. “The Supreme Court seems to make it more confusing every time it issues one of these decisions,” Ebner said.
Ebner Quoted On FDA Drug Preemption Read More »
In the wake of the Supreme Court’s 2005 opinion in Bates v. Dow Agrosciences, 544 U.S. 431, pesticide manufacturers need to develop new, sophisticated approaches when raising FIFRA preemption as a defense to inadequate labeling and failure-to-warn claims. Read more in this article.
FIFRA Preemption After Bates v. Dow AgroSciences Read More »
