Amicus Curiae Briefs
Amicus Curiae
Guidelines for IADC Amicus Curiae Briefs
Requesting an IADC Amicus Curiae Brief
The Amicus Curiae Committee
Recent IADC Amicus Briefs
Amicus Curiae
The IADC Amicus Curiae program has been developed in an attempt to further improve the civil justice system. The IADC regularly files briefs in pending cases throughout the United States to support a wide variety of defense issues of broad application. The IADC supports a justice system in which plaintiffs are fairly compensated for genuine injuries, responsible defendants are held liable only for appropriate damages, and non-responsible defendants are exonerated without unreasonable cost.
The Amicus Curiae program is a valuable benefit to IADC members, as only IADC members can request amicus support from the organization. The Amicus Curiae Committee receives an annual budget for preparing briefs, and brief writers receive an honorarium for their work. Cases presented to the Amicus Curiae Committee are carefully screened and selected to reach a wide variety of jurisdictions, as well as a broad range of legal issues. Briefs are carefully prepared and reviewed before filing.
Although the IADC is an international organization, the Amicus Curiae program is presently limited to the United States. Most countries do not permit non-parties to file briefs in pending cases.
Back to top
Guidelines for IADC Amicus Curiae Briefs
The IADC adheres to certain guidelines in evaluating cases to determine whether IADC participation is appropriate. IADC members requesting IADC amicus curiae support are advised to review these guidelines before making a request.
IADC Member Request: An IADC member must make a request for amicus curiae support to warrant the IADC’s participation in the case. If an IADC member represents an adverse party in the case, the IADC will consider this in deciding whether to provide amicus curiae support.
As a general rule, the IADC will consider providing amicus curiae support in cases pending only in a state supreme court or the United States Supreme Court. In cases where the appellate court has discretionary jurisdiction, the Amicus Curiae Committee will recommend whether to participate at the initial stage of the appeal or only after review is granted. The IADC will consider providing amicus curiae support in the federal circuit courts of appeals and state intermediate appellate courts only in exceptional cases.
Issues Presented: The IADC will consider whether there is a clear and obvious defense position presented in the case under consideration. The issue(s) to be decided should also be of broad application. The Committee will also consider the facts of the case in making its recommendation to the Board of Directors. *Guidelines approved by the IADC Board of Directors April 2006
Back to top
Requesting an IADC Amicus Curiae Brief
The IADC Amicus Curiae Committee regularly reviews requests for amicus participation, making recommendations to the Board of Directors. If you have a case that you believe merits IADC participation, the form to request review is available on this Web site along with the requisite guidelines.
After completing the form, please send it to the IADC office, or e-mail it to aomaley@iadclaw.org. You may also contact IADC Amicus Curiae Committee chair Mary Christine Sungaila at msungaila@horvitzlevy.com for further information. A member of the amicus curiae committee may contact you to obtain additional information about the case.
Back to top
The Amicus Curiae Committee
The Amicus Curiae Committee is one of the only few IADC Committees where members are appointed by the President of the organization. The Committee is comprised primarily of appellate practitioners and appellate specialists who regularly practice before state and federal appellate courts. Members of the Committee must agree to write one brief per year if requested to do so while serving on the Committee. If you are interested in being considered for appointment to the Committee, please contact the IADC office, or send an e-mail to aomaley@iadclaw.org.
Case Review Procedures: The Amicus Curiae Committee conducts the initial review of the case to determine whether IADC participation would be appropriate. If a majority of the Committee decides that the IADC should file an amicus brief in the case, the Committee will then present that recommendation to the Board of Directors. The Board of Directors will make the final determination as to whether an IADC amicus curiae brief is appropriate in the case.
Preparation of the Brief: If the IADC decides to participate as an amicus, the Committee chair will appoint counsel to draft the brief. As a general rule, members of the Committee prepare the amicus briefs on behalf of the IADC. However, lawyers who are not committee members may also be retained to prepare the IADC brief in an appropriate case, or to serve as local counsel. If you are interested in writing a brief in your jurisdiction, or serving as local counsel, please contact the Amicus Committee Chair, Mary Christine Sungaila at msungaila@horvitzlevy.com.
Back to top
Recent IADC Amicus Briefs
South Carolina Supreme Court Follows IADC Recommendation
In an opinion issued September 21, 2009, the South Carolina Supreme Court in
Jamison v. Morris held that a franchisor-franchisee relationship alone does not create agency liability. Plaintiffs had obtained a jury verdict against Texaco on an agency theory based on the acts of an independently owned and operated Texaco franchise. The IADC urged the South Carolina Supreme Court to reverse the judgment based on the correct legal relationship of the parties rather than the branding of the store.
The South Carolina Supreme Court followed the IADC's recommendation, directing a verdict in favor of Texaco based on a lack of evidence of actual agency. The IADC brief was authored by IADC member Randy Roach of Roach & Newton, L.L.P. in Houston, Texas.
In the Supreme Court of South Carolina: Jamison v. Morris
IADC Successfully Weighs In On Forum Non Conveniens Issue Pending In the Supreme Court of Rhode Island
On May 9, 2008, the Rhode Island Supreme Court issued an opinion in Kedy v. A.W. Chesterton, a case involving the application of the doctrine offorum non conveniens. Plaintiffs, thirty-nine residents of Canada, filed suit in Rhode Island based on alleged asbestos exposure. None of the plaintiffs ever worked in Rhode Island, were exposed to asbestos there, or received medical care there. None of the defendants were located in that state either. However, the defendants’ motions to dismiss were denied because Rhode Island law has never recognized the doctrine of forum non conveniens. The IADC urged the Rhode Island Supreme Court to adopt the doctrine of forum non conveniens.
The Rhode Island Supreme Court followed that recommendation, and formally recognized the doctrine of forum non conveniens and delineated its standards. Because the factors relevant to the forum non conveniens inquiry weighed so heavily in favor of dismissal, the Court also directed the Superior Court to enter an order dismissing the plaintiff’s complaint. The IADC brief was authored and filed by amicus curiae committee member Thomas Riley with Chadbourne & Parke LLP.
In the Supreme Court of Rhode Island: Kedy v. A.W.Chesterton Co.
Supreme Court of Ohio Upholds Two Tort Reform Statutes
In an opinion issued December 27, 2007, the Supreme Court of Ohio in Arbino v. Johnson & Johnson held that two recent tort reform statutes enacted by the General Assembly do not violate the constitutional rights of plaintiffs in personal injury lawsuits. The IADC had previously filed an amicus brief in the case urging the appellate court to uphold the constitutionality of these statutes. The IADC brief, available on the IADC website, was authored by IADC Board member Joseph W. Ryan, and Colleen L. Marshall of Porter, Wright, Morris & Arthur, L.L.P.
One of the challenged statutes caps the amount of noneconomic damages that may be awarded to a plaintiff in a personal injury suit to the greater of $250,000, or three times the amount of “economic damages” awarded to the same plaintiff based on the same injuries, up to a maximum of $350,000. The other provision prohibits Ohio courts from awarding a plaintiff punitive damages that exceed two times the amount of his or her compensatory damages from the same defendant. The Court in Arbino ruled that legislation capping the amount of noneconomic damages and punitive damages does not violate the constitutional rights of injured parties to trial by jury, to a remedy at law for their injuries, or to due process and equal protection of the laws. The Court also held that the challenged statutes do not violate provisions of the Ohio Constitution that guarantee open courts and the separation of powers between the legislative and judicial branches of government.
In the Supreme Court of Ohio: Arbino v. Johnson & Johnson
First Circuit Certifies Questions Relating to Post-Sale Duty to Warn to Maine Supreme Court
The IADC recently joined in a challenge to a district court’s finding that there is a post-sale duty to warn customers regarding a product that was not defective when made, and that such a duty extends to remote purchasers. The case in which this determination was made, Brown v. Crown Equip. Corp., is pending in the United States Court of Appeals for the First Circuit. The jury in that case specifically found that the product in question was not defective when made and first sold. However, the jury was instructed that it could impose a duty on a manufacturer to warn even remote purchasers about products that were not defective when first sold, and in fact, the jury imposed such a duty.
On September 4, 2007, the First Circuit certified the issue to the Maine Supreme Court. The IADC has once again joined in the effort to now persuade the Maine Supreme Court to hold that no such duty exists by filing yet a second brief in that Court. The IADC’s brief urges that any post-sale duty to warn should be limited to products that were defective when first sold, consistent with the overwhelming weight of authority throughout the nation. Additionally, the IADC argues that if the Court were to recognize such a duty, it should not extend to remote purchasers. The IADC briefs filed in the First Circuit and in the Maine Supreme Court were prepared by Amicus Curiae Committee member Jonathan Franklin and Kimberly Walker with Fulbright & Jaworski, L.L.P.
In the United States Court of Appeals for the First Circuit: Brown v. Crown Equipment Corp.
IADC Files Amicus Brief in California Supreme Court
In September 2007, the IADC filed a letter brief in a case pending in the California Supreme Court, Starrh and Starrh Cotton Growers v. Aera Energy LLC. The letter urged the Court to grant the petition for review brought by Aera Energy. Aera is a joint venture of Shell and Exxon, and operates oil and gas exploration and production activities in California. Aera owned property containing state-authorized collection ponds for disposal of water brought to the surface as part of normal field operations. This water migrated to the Starrh aquifer, which in its natural state already could not be put to agricultural use because of excessive salinity. The encroachment began in the 1980’s, and will continue regardless of abatement efforts. The appellate court held that the trespass that began fifty years ago is “continuing” in nature, rather than permanent, and thus not subject to a three year statute of limitations for trespass claims.
The IADC joined in Aera’s challenge to the court of appeals’ decision. The IADC urged the Supreme Court to clarify California law regarding whether a nuisance or trespass may be found to be continuing for the purpose of applying the statute of limitations, but permanent for purposes of calculating damages. The petition for review was denied by the California Supreme Court in October 2007. The IADC brief was authored by Frederick Baker of Sedgwick, Detert, Moran & Arnold, LLP.
In the Supreme Court of California: Starrh and Starrh Cotton Growers v. Aera Energy LLC
Big Decision in Supreme Court Case for Which IADC Offered Amicus Brief
for the case of Shell Oil Company v. United States of America. At issue was the Ninth Circuit's sanctioning what is argued as an improper expansion of liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
The amicus brief offered support for granting the petition for certiorari, and we are pleased to report that the Supreme Court granted cert on both Shell and Burlington Northern's petitions in this appeal of the 9th Circuit's CERCLA decision.
The IADC brief was authored by IADC member Mary-Christine Sungaila and Jeremy B. Rosen and Bradley S. Pauley of Horvitz & Levy LLP.
In the Supreme Court of the United States: Shell Oil Company v. United States of America
Back to top