Amicus Briefs Do Not Require Disqualification Of Supreme Court Justices

Amicus Strategy & Procedure, Commentary, DRI, Federal Courts of Appeals, US Supreme Court /

On November 13, 2023, the Justices of the Supreme Court of the United States issued a self-enforcing Code of Conduct applicable to themselves. The Code of Conduct section titled Disqualification includes the following statement: “Neither the filing of a brief amicus curiae nor the participation ofcounsel for amicus curiae requires a Justice’s disqualification” This statement […]

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Posturing Your Case To Win On Appeal

Posturing Your Case To Win On Appeal

Appellate Practice, Presentations /

(L-R): Angela Flowers, Elissa Haynes, Larry Ebner, Miranda Soto, Ann Trivett, Caryn Lilling At the 2024 Winter Meeting of the Federation of Defense & Corporate Counsel in St. Petersburg, Florida, I organized and moderated a lively and insightful panel on the many benefits of including an appellate specialist in a trial team. Our distinguished panelists,

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ALF Urges Supreme Court To Let Scientific Debate Flourish

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

The Supreme Court has agreed to hear Murthy v. Missouri, No. 23-411, a First Amendment freedom of speech case brought by the States of Missouri and Louisiana and several individual social media users, including public health experts. They seek to enjoin White House, Surgeon General, Centers for Disease Control (CDC), Cybersecurity and Infrastructure Security Agency (CISA), and other

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Amicus Brief-Based Analysis of Big Law Firms’ Ideological Leanings Proves Little

All Publications, Commentary, Uncategorized, US Supreme Court /

As a Big Law alumnus who writes and reads a lot of amicus briefs, I’m neither impressed nor surprised by a newly published statistical analysis, Ideological Leanings in Likely Pro Bono BigLaw Amicus Briefs in the United States Supreme Court, Harv. J.L. & Pub. Pol’y Per Curiam (Winter 2024). The analysis, conducted by Prof. Derek

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2023 Annual Report – DRI Center for Law and Public Policy

DRI, News /

The DRI Center for Law and Public Policy, which I currently have the privilege of chairing, is DRI’s think tank and advocacy voice. Its recently published 2023 Annual Report highlights the multifaceted activities being pursued by The Center’s Legislation & Rules Committee, Public Policy Committee, Amicus Committee, and their many task forces and working groups,

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ALF Urges 4th Circuit To Enforce Electronic Ticket Arbitration Agreements

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Courts of Appeals, Federal Preemption /

Electronic tickets, purchased online for admission to sports, entertainment, and many other types of events, have become ubiquitous. When small groups, such as friends or family, plan to attend an event together, it is customary for one individual to purchase tickets for the group, download them to and store them on his or her mobile

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all things amicus

ALF Argues That Arbitration Act’s “Transportation Worker” Exemption Is Narrow

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

Section 2 of the Federal Arbitration Act (“FAA”) mandates that arbitration agreements “shall be valid, irrevocable, and enforceable.” 9 U.S.C § 2. Section 1 of the FAA, however, exempts “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.”  9 U.S.C § 1. The Supreme Court

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ALF Urges Supreme Court To Enforce Arbitrator Delegation Clause

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

The Supreme Court repeatedly has recognized that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., embodies a strong federal policy requiring judicial enforcement of private-party agreements to resolve disputes through binding arbitration,  which usually is speedier, more efficient, and less expensive than litigation. To facilitate these benefits, arbitration agreements often contain a “delegation clause”

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