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Subject: amicus
curiae support, amicus brief, amici, request, help |
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List of Requests for Amicus Curiae Support
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The following is a list of
cases where the parties to the case or the court believe amicus curiae briefs
would be helpful. The
information is intended as a summary.
Please contact the attorney listed for additional details and
procedural information. Amicus Industry Support Requested -NV EMC filed an appeal seeking to remedy an "abuse of
discretion" by a trial court judge in Nevada.1 EMC believes that the lower court
improperly declined to hold that an injured party was a "Class two
insured and could not, by law, stack uninsured motorist coverage."2 Furthermore, contrary to well
established law in all other jurisdictions, the court declined to find that
the injured party's status as a "Corporate Manager" did not make
him a "family member" of a corporate entity because corporate
entities do not have family members.3 What can
you do? EMC believes this case concerns a matter important to
others in the industry and wishes to encourage others to consider filing
amicus curiae briefs4 to the Nevada Supreme Court. If you believe that this is an issue
of interest to your company, please contact the appropriate staff person
within your organization who can review the matter. For specific details regarding the case and filing
information, please contact: Dawn R. Siebert, Esq. Managing Coverage Attorney EMC Insurance Companies 515/362-7319 (work) Dawn.R.Siebert@emcins.com You can review a draft of the petition by clicking here.
If you have a case needing support, you can request such support.
Simply complete the online Amicus
Curiae Support Request Form or call PLRB at (630) 724-2200 and ask for
the office of the General Counsel. |
What is an Amicus Curiae Brief? “Amicus curiæ (Latin for friend of the court; plural amici
curiæ) briefs are legal documents filed by non-litigants in appellate court
cases, which include additional information or arguments that those outside
parties wish to have considered in that particular case. Appellate cases are
otherwise limited to the factual record and arguments coming from the lower
court case under appeal, and so amicus curiæ briefs are a way to keep the
possibly broad legal impact of court decisions from depending solely on the
parties directly involved in the case. Non-profit legal advocacy
organizations such as the American Civil Liberties Union frequently submit
amicus curiæ briefs to advocate for or against a particular legal change or
interpretation. If a case may have effects on other parties, then they may
file amicus curiæ briefs. For example, if a decision will affect an entire
industry, even though it is brought up against only one company, other
companies may file briefs as amicus curiæ. Similarly, if a law in one state
is under evaluation, and another state has a law that would be affected by
the decision, then this other state may file a brief as an amicus curiæ. Occasionally, however, amicus curiæ are not opinions on
the argument or on one part of the argument, but simply an academic
perspective. For example, if the law gives deference to a history of
legislation of a certain topic, a historian may choose to evaluate the claim
using his expertise. An economist, statistician, or sociologist may choose to
do the same. The court has discretion to grant or deny permission of
parties to file briefs as amicus curiæ as it wishes. Generally, cases that
are very controversial will attract a number of such briefs.” <http://en.wikipedia.org/wiki/Amicus_curiae> |