NABT Amicus Briefs

Introduction to NABT Amicus Briefs 

01-24-2023 11:45

The charge of the NABT Amicus Committee is to evaluate whether requests for amicus support are consistent with the goals of the NABT and its members and, if amicus support is appropriate, to coordinate with and supervise the attorneys who will be filing briefs on behalf of NABT.  The Committee does not hold regularly scheduled meetings; instead, it meets as needed when requests are made.  Factors to be considered by the Committee include:

  • Whether the requesting party is a member in good standing with NABT;
  • Whether involvement by NABT will be adverse to any members in good standing;
  • Whether the issue involved is legal, or whether it is fact-sensitive;
  • Whether the pleadings are “clean” and whether there are any procedural impediments to a determination of the legal issue;
  • Whether the legal issue is of national significance to all trustees;
  • Whether the decisions will hinge on state law, or other matters which may only be relevant to trustee in certain districts;
  • Whether the fees and costs being requested, if any, are appropriate; and
  • Whether the appeal is “ripe” to be heard or is a request for certiorari that has not yet been granted

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