LCJ's AMICUS PROGRAM
FighTING FOR PROCEDURAL FAIRNESS IN TRIAL AND APPELLATE COURTS
For LCJ, amicus briefs are an opportunity to deploy our extensive knowledge about procedural fairness whenever and wherever it’s needed, regardless of the court.
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LCJ is the preeminent corporate and defense expert on the Federal Rules of Civil Procedure (FRCP). Since its founding in 1987, LCJ has advocated for rule reforms aimed at helping the FRCP achieve Rule 1’s objective of securing “the just, speedy, and inexpensive determination of every action and proceeding.” LCJ’s amicus program is integral to our mission because judicial interpretations can dramatically change a rule’s effectiveness. As amicus curiae, LCJ employs its deep experience and unique perspective to help ensure sensible interpretations of civil rules. The below cases are representative of LCJ’s amicus program.
If you would like for LCJ to consider a request for amicus support, please complete this form and email it to LCJ's Executive Director Andrea Looney. |
The case names below link to LCJ’s recent amicus briefs:
In re Suzuki Motor Corporation
Court: Florida Supreme Court
Issue: Whether high-level officials should be deposed where: (1) they have no personal or unique knowledge about the relevant facts, or (2) there is an adequate, less intrusive discovery option—such as deposing lower-level personnel with more direct knowledge about relevant facts.
Outcome: Ongoing
In re Actavis Holdco
Court: U.S. Supreme Court
Issue: Whether Rule 26(b)(1) limits courts' discretion to order discovery beyond what is relevant and responsive; whether the Court's guidance is needed to confirm that the Court's adoption of the 2015 federal rule amendments abrogates the articulation of the scope of discovery in Oppenheimer Fund, Inc. v. Sanders; whether mandamus is an appropriate remedy where a court has acted beyond the scope of the rules that enable its authority.
Outcome: Ongoing
In re Albany County v McKesson
Court: Sixth Circuit
Issue: In opposition to the federal district court’s order that would result in the certification of a “negotiating class.”
Outcome: Ongoing
In re CVS
Court: Sixth Circuit
Issue: Whether an MDL exception exists to permit a district court to ignore or flout the FRCP
Outcome: All parties in MDLs must comply with the FRCP. Read the mandamus opinion here.
In re Actavis MDL
Court: Third Circuit
Issue: Whether the district court’s discovery order requiring Petitioners to produce any documents that hit “search terms” without any relevance or responsiveness review is directly contrary to Rule 26(b)(1)
Outcome: Undecided
In re Toyota Motor Sales, U.S.A., Inc. and Toyota Motor Corporation
Court: Texas Supreme Court
Issue: Whether the trial court’s refusal to treat information about the security of a company’s information-technology systems as confidential under the court’s protective order, information that could subject parties to cybersecurity intrusions, establishes a dangerous precedent
Outcome: Protective order honored by Plaintiff's counsel within two weeks of amicus filing
Frank v. Gaos
Court: U.S. Supreme Court
Issue: Whether Rule 23’s requirement that a settlement binding on class members be “fair, reasonable, and adequate,” cannot be satisfied by a cy pres award, especially when there is no direct relief to class members
Outcome: Remanded for the courts below to address the plaintiffs’ standing
In re Qualcomm Antitrust Litigation
Court: Northern District of California
Issue: Whether capricious discovery sanctions order issued to a non-party litigant (Apple) were narrowly tailored to remedy the prejudice
Outcome: Discovery sanctions lifted by Judge Koh, who referred to the LCJ brief in her ruling. Read the order here and a Corporate Counsel article about the case here.
In re State Farm Lloyds, Inc.
Court: Texas Supreme Court
Issue: Whether costly and unnecessary requirement to produce ESI in particular format was unnecessary
Outcome: The Texas Supreme Court held that "Under our discovery rules, neither party may dictate the form of electronic discovery. The requesting party must specify the desired form of production, but all discovery is subject to the proportionality overlay embedded in our discovery rules . . ." Unless ordered otherwise, however, “the responding party need only produce the data reasonably available in the ordinary course of business in reasonably usable form.” You may read the entire opinion here.
In re State Farm Fire and Casualty Company
LaBrier v. State Farm Fire and Casualty Company
Court: 8th Circuit
Issue: Whether the district court’s discovery order failed to incorporate proportionality as a core, guiding principle in a class action post-2015 amendments
Outcome: The appellate court reversed the trial court's certification of the class and vacated the order upholding premature class wide discovery. You may read the entire opinion here.
Campbell-Ewald Company v. Jose Gomez
Court: U. S. Supreme Court
Issue: Whether the question of allowing an offer of relief to the named plaintiff to moot a class action complaint is more appropriately addressed by the Court or by the rule making process.
Outcome: An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, so the district court retains jurisdiction to adjudicate the plaintiff’s complaint.
Court: Florida Supreme Court
Issue: Whether high-level officials should be deposed where: (1) they have no personal or unique knowledge about the relevant facts, or (2) there is an adequate, less intrusive discovery option—such as deposing lower-level personnel with more direct knowledge about relevant facts.
Outcome: Ongoing
In re Actavis Holdco
Court: U.S. Supreme Court
Issue: Whether Rule 26(b)(1) limits courts' discretion to order discovery beyond what is relevant and responsive; whether the Court's guidance is needed to confirm that the Court's adoption of the 2015 federal rule amendments abrogates the articulation of the scope of discovery in Oppenheimer Fund, Inc. v. Sanders; whether mandamus is an appropriate remedy where a court has acted beyond the scope of the rules that enable its authority.
Outcome: Ongoing
In re Albany County v McKesson
Court: Sixth Circuit
Issue: In opposition to the federal district court’s order that would result in the certification of a “negotiating class.”
Outcome: Ongoing
In re CVS
Court: Sixth Circuit
Issue: Whether an MDL exception exists to permit a district court to ignore or flout the FRCP
Outcome: All parties in MDLs must comply with the FRCP. Read the mandamus opinion here.
In re Actavis MDL
Court: Third Circuit
Issue: Whether the district court’s discovery order requiring Petitioners to produce any documents that hit “search terms” without any relevance or responsiveness review is directly contrary to Rule 26(b)(1)
Outcome: Undecided
In re Toyota Motor Sales, U.S.A., Inc. and Toyota Motor Corporation
Court: Texas Supreme Court
Issue: Whether the trial court’s refusal to treat information about the security of a company’s information-technology systems as confidential under the court’s protective order, information that could subject parties to cybersecurity intrusions, establishes a dangerous precedent
Outcome: Protective order honored by Plaintiff's counsel within two weeks of amicus filing
Frank v. Gaos
Court: U.S. Supreme Court
Issue: Whether Rule 23’s requirement that a settlement binding on class members be “fair, reasonable, and adequate,” cannot be satisfied by a cy pres award, especially when there is no direct relief to class members
Outcome: Remanded for the courts below to address the plaintiffs’ standing
In re Qualcomm Antitrust Litigation
Court: Northern District of California
Issue: Whether capricious discovery sanctions order issued to a non-party litigant (Apple) were narrowly tailored to remedy the prejudice
Outcome: Discovery sanctions lifted by Judge Koh, who referred to the LCJ brief in her ruling. Read the order here and a Corporate Counsel article about the case here.
In re State Farm Lloyds, Inc.
Court: Texas Supreme Court
Issue: Whether costly and unnecessary requirement to produce ESI in particular format was unnecessary
Outcome: The Texas Supreme Court held that "Under our discovery rules, neither party may dictate the form of electronic discovery. The requesting party must specify the desired form of production, but all discovery is subject to the proportionality overlay embedded in our discovery rules . . ." Unless ordered otherwise, however, “the responding party need only produce the data reasonably available in the ordinary course of business in reasonably usable form.” You may read the entire opinion here.
In re State Farm Fire and Casualty Company
LaBrier v. State Farm Fire and Casualty Company
Court: 8th Circuit
Issue: Whether the district court’s discovery order failed to incorporate proportionality as a core, guiding principle in a class action post-2015 amendments
Outcome: The appellate court reversed the trial court's certification of the class and vacated the order upholding premature class wide discovery. You may read the entire opinion here.
Campbell-Ewald Company v. Jose Gomez
Court: U. S. Supreme Court
Issue: Whether the question of allowing an offer of relief to the named plaintiff to moot a class action complaint is more appropriately addressed by the Court or by the rule making process.
Outcome: An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, so the district court retains jurisdiction to adjudicate the plaintiff’s complaint.
