Tag Archives: Amicus Briefs

The Adverse Amicus: Does Court Acceptance of Factual Assertions Require a More Active Response?

The September 1 issue of the New York Times reports on an upcoming article on the role of amicus curiae briefs in shaping Supreme Court opinions. The article, authored by William and Mary professor, Allison Orr Larsen, addresses the tendency of Supreme Court Justices to cite factual assertions made by amici. These assertions may inject matters into … Continue Reading

So You Want to Be a Friend of Your Local Appellate Court . . .

Naturally, the rules for amicus briefing vary widely from state to state – sometimes even within a single state. Today, we summarize the rules for amicus participation in states having intermediate appellate courts. Everyone is welcome Three jurisdictions – Georgia, Pennsylvania and part of Missouri (the Eastern District of the Missouri Court of Appeals) – are … Continue Reading

Taxpayer Action Draws Significant Amicus Interest

Demonstrating the potential significance and broad implications of the California Supreme Court’s deliberations in Loeffler v. Target Corporation, so far a total of nine amicus briefs have been filed on behalf of sixteen entities addressing the issue of whether a taxpayer can directly bring suit against a retailer who allegedly charged a sales tax on … Continue Reading

What IS “Appellate Strategy?”

What sets Sedgwick’s Appellate Group apart from the rest. Most appellate lawyers are passive: they read the trial record (viewing it as etched in stone, immutable). They research the law. They write the brief. They may be good at that, but they use a static, one-dimensional approach to what should be a creative, strategic process: … Continue Reading