Friendly Persuasion: Drafting & Using High-Impact Amicus Briefs

All Publications, Amicus Strategy & Procedure, Presentations /

Power Points Updated June 2023 In June 2018 I was delighted to have recorded for DRI-The Voice of the Defense Bar an on-demand webinar entitled Friendly Persuasion: Drafting & Using High-Impact Amicus Briefs. The webinar is intended for (i) trade associations, professional organizations, advocacy groups, and individual corporations that are interested in providing – or that get […]

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INBLF Litigation Fly-In Covers Broad Range of Topics, Including Amicus Briefs

Amicus Strategy & Procedure, Presentations /

On June 9, I spoke to about 25 members of the International Network of Boutique and Independent Law Firms (INBLF) at it annual Litigation Fly-In near O’Hare International Airport. Jack Henning of  Dillingham & Murphy LLP (San Francisco), and Fly-In participants, grilled me for almost an hour on Strategic Use and Effective Preparation of Amicus

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all things amicus

ALF Amicus Brief Explains FRE 702’s Critical Role In Class-Certification Decisions

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

At least as far back as its participation as amicus curiae in the Daubert trilogy of Supreme Court decisions, the Atlantic Legal Foundation (ALF) has been one of the nation’s foremost advocates for ensuring that federal district judges fulfill their “gatekeeper” role under Federal Rule of Evidence 702.  Under Rule 702, federal district judges can admit into evidence, or otherwise rely

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all things amicus

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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all things amicus

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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