ALF Files Supreme Court Amicus Brief In Internet “Informational Injury” Case

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

Personal injury “failure-to-warn” suits long have been a well-accepted component of state tort law. Even failure-to-warn claims for intangible injuries such as emotional distress and reputational harm are allowed under certain  circumstances.  But what about the new frontier of Internet-based “informational injuries” allegedly sustained as a result of visiting  business websites that allegedly fail to […]

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ALF Urges Supreme Court To Review Foreign-Student Guest Worker Case

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

On behalf of the Atlantic Legal Foundation, Larry Ebner  has filed an amicus brief urging the Supreme Court to decide whether the Department of Homeland Security (DHS) has authority under the Immigration and Nationality Act (“INA”) to allow “F-1” student visa holders to stay in the United States and work for  computer or other technology-sector

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Is A Federal District Judge’s Amicus Invitation To Junior Attorneys A Good Idea?

All Publications, Amicus Strategy & Procedure, Commentary, Federal Courts of Appeals, Published Articles /

“What could be better than a federal judge’s open invitation that not only offers a junior attorney the incentive to be the principal author of a brie, but also the rare opportunity to present oral argument on behalf of an amicus curiae?” On March 21, 2023, Judge Lee P. Rudofsky of the U.S. District Court

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ALF/WLF Brief Urges Full 11th Circuit To Enforce Federal Preemption of Pesticide Failure-To-Warn Claims

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

The U.S. Court of Appeals for the Eleventh Circuit has granted rehearing en banc in Carson v. Monsanto Co., No. 21-10994, one of thousands of state-law personal injury suits alleging that Monsanto, the manufacturer of Roundup herbicide, failed to provide a label warning that glyphosate, the active ingredient in Roundup, can cause cancer. The U.S. Environmental

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ALF Brief Opposes Governmental “Home Equity Theft”

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

Petitioner Tyler, a 94 year-old woman, owed $15,000 in local property taxes and related penalties in connection with an abandoned condominium. In accordance with state tax-lien statutes, Hennepin County, Minnesota seized the property, sold it for $40,000, and retained the $25,000 surplus. The Eighth Circuit rejected Tyler’s  contention that the County’s refusal to return the

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Is Mass Student Debt Cancellation Constitutional?

All Publications, Atlantic Legal Foundation, Commentary, Published Articles, US Supreme Court /

Almost all the 3 ½ hours of colloquy at the February 28, 2023 Supreme Court hearing on the student debt relief cases, Biden v. Nebraska, No. 22-506,  and U.S. Department of Education v. Brown, No. 22-535, was devoted to two issues: (1) whether the plaintiff states and/or individuals have standing to challenge the debt cancellation

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ALF Brief Opposes Exclusion of Industry Scientists From Key EPA Advisory Committee

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

The Federal Advisory Committee Act (“FACA”) requires all federal departments and agencies to ensure that the membership of each of their scientific and other advisory committees “be fairly balanced in terms of the points of view represented and the functions to be performed.”  5 U.S.C. app. 2  § 5(b)(2). The Clean Air Scientific Advisory Committee

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Larry Ebner Proposes Elimination of Amicus Consent/Permission Requirement In Federal Courts of Appeals

Amicus Strategy & Procedure, Atlantic Legal Foundation, Federal Courts of Appeals /

On behalf of the DRI Center for Law and Public Policy, Larry Ebner, who chairs the Center, has submitted a letter to the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure recommending that Fed. R. App. P. 29(a) be amended to eliminate the requirement to obtain the parties’ consent, or the court’s permission,

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My Appointment as Chair of the DRI Center for Law & Public Policy

Commentary, News /

I am delighted that DRI President Lana A. Olson has appointed me as Chair of the Center for Law & Public Policy-“The Voice of the Civil Defense Bar.” The Center serves DRI and its 14,000 members as that voluntary bar association’s think tank and advocacy voice. I look forward to working during the next 2 years with The Center’s

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