ALF Amicus Brief Urges Supreme Court To Decide Where Online Sellers Can Be Sued

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

Where can a company that offers its products nationwide—either directly through its own interactive website, or indirectly through a third-party online platform such as Amazon—be sued? This is the important, recurring, Internet-age, personal jurisdiction question that the petitioners in Photoplaza, Inc. v. Herbal Brands, Inc., No. 23-504,  are asking the Supreme Court to decide. The certiorari […]

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FDCC Speaks: Get Out Of Your Practice – Podcast Interview of Larry Ebner

Commentary, Presentations /

The Federation of Defense & Corporate Counsel‘s “FDCC Speaks” Podcast Channel provides a series podcasts of “relevant, substantive information and interviews with thought leaders and experts” from  among the organization’s membership. FDCC defense counsel member Jennifer Hoffman has been conducting a series of podcasts titled “Get Out of Your Practice,” which asks FDCC members about

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Proposition 65 Cancer Warning For Glyphosate Held Unconstitutional

Commentary, Federal Courts of Appeals /

OEHHA—the laughable acronym for the California agency responsible for requiring countless businesses to post ubiquitous Proposition 65 warning signs about hundreds of chemicals found in everyday products—has suffered a major defeat in the 9th Circuit. A panel held 2 to 1 that requiring businesses to provide a cancer warning about glyphosate (the active ingredient in

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ALF & DRI Urge Supreme Court To Limit Civil RICO’s Scope

ALF Amicus Briefs, All Amicus Briefs, Civil Justice, DRI, US Supreme Court /

The Atlantic Legal Foundation and the DRI Center for Law and Public Policy have filed an amicus brief in Medical Marijuana, Inc. v. Horn, No. 23-365, urging the Supreme Court to address the question of whether personal injury claims can be transformed in treble-damages civil RICO suits. Sarah Spencer of Christensen & Jensen and I co-authored

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DRI Center for Law and Public Policy Chair Larry Ebner Talks About The Center’s Deep Bench of Civil Litigation Defense Experts

DRI, Presentations /

I am privileged to chair the DRI Center for Law and Public Policy. The Center is DRI’s think tank and advocacy voice on issues that are important to the civil litigation defense bar and its clients. Click this 90-second video to learn more.

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DRI Center for Law and Public Policy Meets In San Antonio

DRI, News /

More than 50 active members of The DRI Center for Law and Public Policy’s committees, task forces, & working groups participated in terrific brainstorming sessions on October 26 at the DRI Annual Meeting in San Antonio. As the Center’s chair, I was privileged to lead the discussions along with Center Director Jay Ludlam (pictured above). Participants included DRI

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all things amicus

ALF Argues That SEC In-House Enforcement Proceedings Deprive Defendants of Due Process

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

In SEC v. Jarkesy, No. 22-859, the Supreme Court has agreed to review a Fifth Circuit opinion holding that Securities and Exchange Commission “in-house” civil administrative enforcement proceedings are unconstitutional on three grounds: (i) they deprive respondents (i.e., defendants) of their Seventh Amendment right to a trial by jury; (ii) Congress unconstitutionally delegated legislative power to the

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TV Interview About Acheson Hotels v. Laufer “Internet Tester” ADA Case

Commentary, US Supreme Court /

Molly Martinez of Gray Television – which operates more than 100 local TV stations – recently interviewed me about Acheson Hotels v. Laufer, the “Internet tester” ADA case argued last week before the Supreme Court. Sarah Elizabeth Spencer & I filed an amicus brief in the case on behalf of the Atlantic Legal Foundation. You

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ALF Urges Supreme Court To Reject “Conspiracy Jurisdiction”

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

In BASF Metals Limited v. KPFF Investment, Inc., No. 23-232, two overseas corporate defendants in antitrust litigation involving market prices for platinum and palladium have filed a certiorari petition challenging a Second Circuit decision upholding a New York federal district court’s exercise of “conspiracy jurisdiction.”  On behalf of the Atlantic Legal Foundation (ALF), I have authored and filed an amicus

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Larry Ebner Quoted In Law360 On Supreme Court Cases Challenging The “Administrative State”

Atlantic Legal Foundation, Commentary, US Supreme Court /

On September 29, 2023, Law360 published a feature article, ‘Administrative State’ Attacks Soar To High Court Crescendo, previewing the new Supreme Court term. I am among the Supreme Court observers quoted in the article: Rising rancor, a muscle-flexing majority and a jam-packed docket could augur a transformative term for administrative law. The upcoming term “may

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