FDCC’s “Friday 5” newsletter for August 30 includes my article discussing why the U.S. Judicial Conference’s Proposed Amicus Brief Amendments Are Unfriendly To The Civil Defense Bar. The article explains that the pending proposal to amend Federal Rule of Appellate Procedure 29 would require all non-governmental amicus briefs submitted to federal courts of appeals to […]
On June 4, 2024 the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure decided to solicit public comment on proposed amendments to Federal Rule of Appellate Procedure 29 concerning the filing of amicus curiae briefs in federal courts of appeals. The amendments in part would require all court of appeals amicus briefs to
Ebner Quoted On U.S. Judicial Conference Amicus Rule Proposal Read More »
Nyah Phengsitthy, Health Reporter at Bloomberg Law, has written an informative and insightful article, titled Wave of Amicus Briefs Back Drug Price Plan at Trial Court Stage, about the role that district court amicus briefs are playing in ongoing litigation challenging the Medicare Drug Price Negotiation Program. As reflected in her article, Nyah reached out
District Court Amicus Briefs Can Be A Useful Resource Read More »
The U.S. Judicial Conference’s Advisory Committee on Appellate Rules is considering a proposal to amend Federal Rule of Appellate Procedure 29(a) by requiring that a motion for leave be filed with all non-governmental amicus briefs in federal courts of appeals. In other words, if the proposed amendment were adopted, obtaining the parties’ consent to the
Requiring Leave To File Amicus Briefs Is A Bad Idea Read More »
By Lawrence Ebner, Founder, Capital Appellate Advocacy PLLC Published in Friday Fives, Federation of Defense & Corporate Counsel Filing amicus curiae briefs is a well-accepted part of practicing before the Supreme Court, federal courts of appeals, and many state appellate courts. If you really want to be a “friend of the court” — if you
Three BIG Amicus Brief Mistakes Read More »
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
Amicus Briefs Do Not Require Disqualification Of Supreme Court Justices Read More »
I am a steadfast advocate for keeping junk science out of courtrooms—for federal judges fulfilling their expert testimony gatekeeper role under Federal Rule of Evidence 702. But should Rule 702’s reliability criteria, which are traceable to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), formally apply to amicus briefs that contain scientific or
A Solution In Search of a Problem? Read More »
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
Amicus Brief-Based Analysis of Big Law Firms’ Ideological Leanings Proves Little Read More »
“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
Is A Federal District Judge’s Amicus Invitation To Junior Attorneys A Good Idea? Read More »
