Amicus Curiae Briefs: Weighing In on Novel and Important Questions

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Guest Blogger: Thomas R. Newman, Esq.

Duane Morris pro bono attorneys regularly prepare amicus briefs  on behalf of community-based organizations, professional associations,  and industry groups  in cases with important social implications.  Most recently we participated as amicus counsel in Kingdomware Technologies Inc v. United States, U.S.Docket No. 14-916; Whole Women’s Health v. Cole,  U.S. Docket No. 15-274 and Froio v. McDonald, 27 Vet.App. 352 (May 29, 2015).  Thomas R. Newman, a regular pro bono contributor,  has written an  article on the importance of amicus briefs in various types appeals. The article was published in the New York Law Journal on March 1, 2016.  The article was coauthored by Steven J. Ahmuty, Jr. a partner at Shaub, Ahmuty Citrin & Spratt.

When an appeal involves legal issues that are novel or of statewide importance, appellate counsel should consider soliciting amicus curiae (“friend of the court”) participation in support of their client’s position. The first step is to identify potential amici who would be willing to submit an amicus brief to provide the court with information and perspectives beyond what is presented by the parties. For corporate litigants, in-house counsel can be a valuable resource for identifying potential amici and assisting appellate counsel in soliciting amicus participation. Continue reading “Amicus Curiae Briefs: Weighing In on Novel and Important Questions”

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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