Do You Need
Amicus Curiae Support?
Yes? . .
. then, tell the industry!!! |
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PLRB posts requests for amicus curiae support on its website in
several notable and searchable locations. In addition, PLRB alerts its members to the need for such support
through its electronic publications including PLRB Frontlines. To 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. By posting requests, the
membership of the PLRB can be alerted to important issues being debated in
the courts. Many appellate
decisions do not merely impact the parties. Rather, these decisions usually affect the entire
industry. So it’s important for
the insurers and claims service providers to take advantage of opportunities
to be “friends of the court” and help the courts make well-informed
decisions. When a request for amicus
curiae support is posted by PLRB, readers receive information regarding
the issues on appeal and important contact and procedural information to
allow them to participate if desired.
The readers will then be able to take steps to learn more and make
arrangements to submit an amicus curiae brief to the court, if
desired. The current list for
requests for briefs can be accessed from the left menu bar on the PLRB home
page. The direct link is http://www.plrb.org/public/amicuslist.htm. |
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> |