- Defending companies rights abroad Sep 3, 2010
It is not uncommon for the court of the next instance to receive what are referred to as amicus curiae (friend of the court) briefs from government departments, civic groups, civil rights groups and justice ministries. Such briefs consist of unsolicited, volunteered information or learned treatises felt to have some bearing on the case by an individual or organization not party to the case at hand. (Taipei Times, Taiwan -- Business)
AG King to file brief in support of Arizona immigration law Sep 3, 2010
The Attorney General is joining in an amicus curiae brief to be filed Friday in the U.S. Court of Appeals for the Ninth Circuit by the State of Michigan in the case of United States v. State of Arizona. Attorney General King and nine other state and territorial Attorneys General had joined in July to support Arizona in a similar brief asking a federal district court to dismiss the Justice Department's challenge to the Arizona immigration law and to deny the Justice Department's request for a... (WSFA.com, AL)
Bankruptcy Action Can Be 'Commenced' Despite Failure to Meet Law's Requirements, 2nd Circuit Says Aug 28, 2010
Sanford I. Weisburst of was the court-appointed amicus curiae on behalf of the pro se debtors. Weisburst said Thursday that, in addition to refusing to adopt the trustee's position that the failure to get counseling requires immediate dismissal, the circuit refrained from deciding what the remedy should be for such a failure. (Law.com)
Judge Denies Sanofi's Request to Stop Generic Rival Aug 27, 2010
Amicus curiae AARP flagged the Lovenox case as a potential precedent for bringing generic biologics to market, and urged the court to back the FDA and Sandoz. Sanofi, represented by Emily Henn of Covington & Burling, argued that the FDA overstepped its authority by asking Sandoz to perform additional safety tests before granting approval on July 23. (Law.com)
Will SG Weigh In on Proposition 8 Case? Aug 25, 2010
But the Justice Department could weigh in as amicus curiae -- either when the case arrives or, sooner. Such a decision would typically be up to Acting Solicitor General Neal Katyal with input from across the federal government, including the White House. (Law.com)
Local, federal leaders speak out on ruling Aug 12, 2010
Furthermore, the Government of Mexico is grateful to the Governments of Argentina, Bolivia, Chile, Colombia, Costa Rica, El Salvador, Guatemala, Nicaragua, Paraguay and Peru, who joined the Amicus Curiae brief filed by Mexico. In keeping with its firm commitment to protecting the rights of Mexicans abroad, regardless of their immigration status, the Government of Mexico will continue to closely follow the legal process derived from the decision of the District Court and of any higher courts,... (Douglas Daily Dispatch, AZ)
Calif. Justices Find No Private Right to Sue for Tip-Pooling Violations Aug 11, 2010
"This case is a vindication of a position we've been pushing for 10 years," said Anna Segobia Masters, a partner in 's Los Angeles office who filed an amicus curiae brief for the Sacramento-based California Gaming Commission. "It's great to finally get closure on it.". (Law.com)
Hefner at 84: Still a Playboy, Activist, Rebel Aug 2, 2010
"People are less aware of the part I played related to racial equality, gay rights, the changing of drug laws. We were the amicus curiae, friend of the court in Roe v Wade. It gave women the right to choose. "All these big issues, he was there, and I believe in those many rivulets, is how he made a difference," said Berman. "All these little things make up the total of who this man is. " All these little things that Hefner has been keeping all his life. Artifacts and mementoes from his earliest... (CBS News -- Entertainment)
Congressional Support for Arizona in Lawsuit Amicus Brief Jul 23, 2010
and Judiciary Committee Ranking Member Lamar Smith (R-Texas) have filed an Amicus Curiae, or Friend of the Court Brief, with the United States District Court in Arizona opposing the Obama administration lawsuit against Arizona s immigration enforcement law. The Congressional amicus brief asserts that Congress has plenary power over immigration and the Obama administration claims that SB 1070 -- Arizona s beleaguered immigration enforcement law -- preempt federal laws are without merit. (Human Events Online)
9th Circuit: No Choice of Law on Independent Contractor Status Jul 14, 2010
The state Division of Labor Standards Enforcement filed an amicus curiae brief on behalf of the plaintiffs as did two legal aid groups. EGL attorney R. (Ted) Edward Cruz of the Houston office of Morgan, Lewis & Bockius did not return a phone message left Tuesday afternoon. (Law.com)
Mexico in Arizona legal challenge Jun 23, 2010
The Mexican government submitted arguments as a "friend of the court", or amicus curiae, meaning it is not a party to the case, but is offering a legal opinion which it believes has bearing on it. It is in support of a case brought by a group of civil rights organisations, including the Mexican American Legal Defense and Education Fund, the National Immigration Law Center, and the American Civil Liberties Union. (BBC News)
The New Nullification Movements Jun 3, 2010
Similarly, the attorneys general of Alabama, Mississippi, and Louisiana filed an amicus curiae brief supporting the defendant on states rights grounds. The Deep South is not a hotbed of NORML members, but it does have a longstanding suspicion of federal usurpation of state prerogatives. (The American Conservative)
Marine Funeral Hecklers Call It Free Speech Jun 1, 2010
Only Maine and Virginia have withheld support for the "amicus curiae" brief. But Phelps' supporters, including his daughter Megan Phelps, say the states' brief does not change the facts of the case or weaken their constitutional argument. (ABC News)
Calif. High Court Tips Hand on Suits Over Gratuities May 27, 2010
Anna Segobia Masters, a partner in Winston & Strawn's Los Angeles office who filed an amicus curiae brief for the Sacramento-based California Gaming Commission, said that although appellate courts have upheld tip pooling in general the ruling in Tuesday's case will be important because so many employees, especially in the hospitality industry, get tips. "This is not about taking away an employee's right to sue when someone steals their money," she said. (Law.com)
Calif. Justices Sharply Divided in Arbitration Ruling Apr 28, 2010
But George Howard Jr., a partner in Jones Day's San Diego office who represented the Employers Group as amicus curiae at oral argument, said the ruling will make arbitrations less certain and more prolonged. Nonetheless, he didn't consider it a huge blow to arbitration. (Law.com)
Gujarat riot trials: Centres activism not appreciated Apr 20, 2010
Amicus curiae and Solicitor General Gopal Subramaniam, who is briefed by additional solicitor general Harin Raval, on Monday apprised the court about fresh reservations of a special public prosecutor regarding the manner in which the SC-appointed Special Investigation Team (SIT) was proceeding with the cases and the trials. Subramaniam, who had last month brought an identical objection from another PP in charge of a riot case trial, said it was rather odd that PP had written to the SIT but the... (India Times, India -- Community News)
Advocacy Groups Split in Supreme Court Case Over Christian Law Student Group Apr 10, 2010
The case has drawn 38 amicus curiae briefs, an unusually large number. The briefs offer contrasting views on the role of law school education and the pros and cons of exclusive membership in organizations. (Law.com)
Videotape Of Bysiewicz's Testimony At Deposition Is Released Apr 9, 2010
Other than some free, or "pro bono," work that she did in an early job with a New York law firm, Bysiewicz said the only legal brief she ever submitted was a friend-of-the-court, or "amicus curiae," brief to the U.S. 2nd Circuit Court of Appeals in January. It was in support of the state's campaign financing law after a 2009 federal court ruling that sections of it were unconstitutional. (FOX61, CT)
Federal Shariat Court Chief Justice Agha Rafiq Ahmed Khan on Wednesday took suo motu notice of un-Islamic punishments under the Pakistan Penal Code and issued notices to the federal and the provincial governments to respond by April 14 Apr 8, 2010
Sources told Daily Times that the bench would get the opinion of Islamic jurists and scholars, besides seeking assistance from senior lawyers as amicus curiae to examine the PPC in light of Islamic injunctions. They said over 50 clauses of the PPC were discriminatory and repugnant to Islamic injunctions, thus they needed to be reviewed. (Daily Times, Pakistan)
Calif. Federal Judge Rules Against Government on Warrantless Wiretaps Apr 1, 2010
"If Walker's views on that don't hold up on appeal, then all this is sort of a waste of time," said Robert Chesney, a national security expert at University of Texas School of Law who submitted an amicus curiae brief on behalf of telecom defendants in a warrantless wiretap case related to Al-Haramain. Walker's grant of standing to Al-Haramain based on nonclassified, circumstantial evidence is unusual, Chesney said, but not unprecedented. (Law.com)
Get fresh EIA, SC tells Lafarge Mar 30, 2010
Amicus curiae Harish Salve and senior advocate P S Narasimha, who appeared for Shella Action Committee, which is a body of villagers, argued that everything about the project was done in a very shoddy manner. This included the forest clearance that was obtained with a false description of the land as barren when it actually was dense forest. (India Times, India)
Trial Preparation Does Not Delay Sp... Mar 28, 2010
The National Association of Criminal Defense Lawyers stood behind the minority, saying the courts need to honor Congress' line by "refusing to expand the scope of the motions exclusion." (Brief for the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner, Bloate v. U. S., June 25, 2009). No Automatic Exclusion for Pretrial Motion Preparation. (Suite101.com)
Calif. Supreme Court Upholds Ban on Soliciting at L.A. Airport Mar 27, 2010
The parties' lawyers agreed, with Deputy San Francisco City Attorney Danny Chou, who appeared in court as an amicus curiae, saying government entities were hoping for guidance "about the scope of the protections under the California free speech clause.". John Werlich, the Westlake Village, Calif. (Law.com)
Too many are riding the top-200 merry-go-round Mar 16, 2010
I APPRECIATE that the independent directors of Seven Network Ltd recommend voting in favour of the scheme, but I just wonder whether in light of what I might call the overlapping interests it would not be for everybody's benefit, and the benefit of the court in exercising its jurisdiction, to appoint counsel amicus curiae so that I have another view. . (Sydney Morning Herald -- Business)
Animal registry ruling lauded Mar 16, 2010
Farming and consumer organizations from around the country led by FARFA had filed a joint amicus curiae brief in support of Amish farmer Emanuel Miller Jr, who had refused to register his property. We applaud the court s decision in this case, McGeary said. (Brenham Banner, TX)
Late hitch to Seven's merger Mar 14, 2010
When the case began yesterday morning, the judge floated the idea of appointing an ''amicus curiae'' or friend of the court. I appreciate that the independent directors of Seven Network Ltd recommend voting in favour of the scheme but I just wonder whether in light of what I might call the overlapping interests it would not be for everybody's benefit and to the benefit of the court in exercising its jurisdiction to appoint counsel amicus curiae so that I have another view,'' he said. (Sydney Morning Herald -- Business)
Court case is a fight against suppression of viewpoint Mar 12, 2010
David Saltzman Staff attorneyTurkish American Legal Defense Fund Washington The fund filed an amicus curiae brief in support of the plaintiffs in Griswold v. Driscoll. Copyright 2010 Globe Newspaper Company. (Boston Globe -- Editorial)
Calif. Farm Worker Case May Clarify Definition of 'Employer' Mar 4, 2010
One mentioned department stores' contracts with shoemakers, while an amicus curiae brief filed by several legal services groups cited food delivery services for restaurants and janitors working for subcontractors of large management companies. As Justice Marvin Baxter noted during oral arguments: "This isn't an arrangement peculiar to agriculture.". (Law.com)
Legally my daughter Feb 27, 2010
Plus, I have been planning for like a month to go to the mall with Whitney, who is an Amicus Curiae in this case, which means friend, so that s another legal reason. It doesn t matter that I went to the mall last weekend because that was with Courtney, so it isn t Germane, which is legal for you re totally wrong. (Paragould Daily Press, AR)
Justices Seem Receptive to First Amendment Challenge to Anti-Terror Law Feb 24, 2010
But what seemed to bother the justices most was the assertion by U.S. Solicitor General Elena Kagan that the law would bar a lawyer from writing an amicus curiae brief on behalf of such a group in U.S. courts ... Justice Anthony Kennedy, who said he found the case "difficult," then asked Kagan whether, as the government had conceded at an earlier stage, the law barred filing an amicus curiae brief in a case on behalf of designated groups. (Law.com)
Oral arguments in school board case set for March (1) Feb 22, 2010
The case has drawn the attention of civil rights groups from across the state and nation who have filed Amicus Curiae or Friend-of-the-Court briefs on behalf of the students. Among those groups are the American Civil Liberties Union, ACLU of North Carolina Legal Foundation, Council for Childrens Rights, NAACP Legal Defense and Educational Fund, Inc., North Carolina Conference of NAACP Branches, Southern Coalition for Social Justice, Southern Poverty Law Center and about two dozen other state... (Washington Daily News, NC)
J.D. Salinger's complaint Feb 8, 2010
Last year, Salinger and his literary trust persuaded New York Federal District Judge Deborah Batts to enjoin publication of Colting's homage, which profiles the dotage of both author Salinger and Holden Caulfield, the protagonist in Salinger's "The Catcher in the Rye." The New York Times Co., the Tribune Co., Gannett, the American Library Association and attorneys with the Stanford, UC Berkeley and Georgetown law schools have all filed amicus curiae briefs supporting Colting's appeal. Batts'... (San Francisco Chronicle -- Opinion)
Kenya: Hague Throws Out Bid to Stop Ocampo Case Feb 5, 2010
The two professors wanted to appear before the three judges as Amicus Curiae (friends of the court) and said they would raise objections aimed at stopping The Hague from taking over the Kenyan case. "The Chamber, having examined the Amicus Curiae application and in particular, the different issues proposed by the applicants... is of the view that the proposed submission of observations would not assist in reaching a proper determination on the prosecutor's request. Accordingly, the applicants'... (allAfrica.com)
Briefer Briefs Ahead for Supreme Court Feb 4, 2010
But some practitioners say the new limit will be difficult to meet, in part because of the proliferation of amicus curiae briefs in recent years. Asked about the rules, several Supreme Court experts voiced concern. (Law.com)
Calif. Court Dismisses Indie Rockers' Suit Over Magazine's Cigarette Ads Jan 29, 2010
The case was closely watched by a group of seven publishing houses and First Amendment groups, which filed an amicus curiae brief backing Rolling Stone. "It was a very important reaffirmation of the First Amendment rights of media entities, especially to be able to print their editorial content without being subject to lawsuits because of mere proximity to commercial speech," said Jeremy Rosen, a partner with Encino, Calif. (Law.com)
Its a FREEnomenon! Jan 27, 2010
There have been numerous controversies associated with TFN, including several lawsuits, a slew of amicus curiae briefs, a least one injunction and a dismissal by a federal court. But my research, both personal and professional, has revealed a much broader acceptance of both the concept and methodology. (McKinney Courier-Gazette, TX)
South Africa: Opposition Questions Govt Over U.S. Apartheid Court Case Jan 26, 2010
International law expert and former education minister Kader Asmal, as part of a group of 16 legal experts acting as friends of the court (amicus curiae), filed papers in late December last year supporting the defendant's move to have the case dismissed. Asmal has stated that the group's legal analysis found that corporations could not be held liable under the customary international law which applied to this case. (allAfrica.com)
Sohrabuddin probe should be given to CBI: SG Jan 12, 2010
Appearing as amicus curiae, Solicitor General Gopal Subramaniam shredded the Geetha Johri headed investigation into the sensational encounter killing in 2005 as well as the burning of Sohrabuddin's wife Kausar Bi and said the state police by not following up vital leads have left loopholes in the chargesheet for the accused cops to escape the legal dragnet. Arguing before a Bench comprising Justices Tarun Chatterjee and Aftab Alam, Subramaniam said: "The police under the state government has not... (India Times, India)
SC reserves verdict on plea for CBI probe Jan 12, 2010
A Bench comprising Justices Tarun Chatterjee and Aftab Alam reserved judgment after hearing the Gujarat government, petitioner Rubabuddin and amicus curiae in Solicitor General Gopal Subramaniam ... While Rohtagi opposed the CBI inquiry into the fake encounter case, amicus curiae Subramaniam made a strong pitch for handing it over to the CBI saying gaping holes have been left by the state police in the chargesheet that could lay an escape route for the accused. (India Times, India)
