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Civil Procedure Prof Blog

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Post Frequency: 7.9/day

Last Entry: May 17, 2013 at 09:52:52

Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal

Posted on May 17, 2013
Now available on the Courts Law section of JOTWELL is an essay by Brooke Coleman (Seattle) entitled Celebrating Civil Rulemaking. It reviews a recent article by Lonny Hoffman (Houston), Rulemaking in the Age of Twombly and Iqbal, which will appear...

Meyn on Comparing Civil and Criminal Discovery

Posted on May 17, 2013
Prof. Ion Meyn (Wisconsin) has posted on SSRN a draft of his article Discovery and Darkness: The Information Deficit in Criminal Disputes, which will appear in the Brooklyn Law Review. Here?s the abstract: Scholarship has long recognized a disparity between...

Sequel to the Fifth Circuit?s Quorum Conundrum: Comer v. Murphy Oil II

Posted on May 16, 2013
Two years ago we covered the strange set of developments in Comer v. Murphy Oil USA, a class action lawsuit against a number of chemical and energy companies based on their alleged contribution to climate conditions that exacerbated the force...

Brescia and Ohanian on the Politics of Procedure

Posted on May 16, 2013
Raymond H. Brescia and Edward J. Ohanian, both of Albany Law School, have posted on SSRN their new paper, "The Politics of Procedure: An Empirical Analysis of Motion Practice in Civil Rights Litigation Under the New Plausibility Standard." Abstract: Is...

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Strong on Commercial Arbitration

Posted on May 14, 2013
S.I. Strong (Missouri/Supreme Court Fellow) has posted two articles about international commercial arbitration to SSRN. Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration...

SCOTUS cert grant on the ability of in forma pauperis filers to amend their complaints under the Prison Litigation Reform Act

Posted on May 13, 2013
Today the Supreme Court granted certiorari in Burnside v. Walters (No. 12-7892), which presents the question: Whether the Sixth Circuit erred in holding?in conflict with all eleven other federal circuit courts of appeals?that the in forma pauperis statute, 28 U...

Fifth Circuit Decision on Personal Jurisdiction, McIntyre, and the Stream of Commerce

Posted on May 13, 2013
Last week, the U.S. Court of Appeals for the Fifth Circuit issued an important decision on personal jurisdiction: Ainsworth v. Moffett Engineering, Ltd., No. 12-60155 (May 9, 2013). In an opinion by Judge Patrick Higginbotham (joined by Judges Jerry Smith...

Wake Forest Seeks Civil Procedure VAP

Posted on May 07, 2013
From our friends at Wake Forest comes this announcement: Wake Forest University School of Law welcomes applications for a Visiting Assistant Professor (VAP) to teach Civil Procedure in the 2013-2014 academic year, and perhaps beyond. Additional information is here.

Singer and Young on Bench Presence

Posted on May 06, 2013
Jordan Singer (New England Law) and Judge William Young (D. Mass.) have posted two articles about bench presence to SSRN. Bench Presence: Toward a More Complete Model of Federal District Court Productivity: This Article considers what it means for a....

New blog tracks Federal Arbitration Act cases

Posted on May 06, 2013
Professor Imre Szalai has created a new blog, www.outsourcingjustice.com, posting about recent state and federal cases involving the Federal Arbitration Act. PM

NY Times on SCOTUS's Pro-Business Civil Procedure Decisions

Posted on May 05, 2013
Today?s New York Times features a story by Adam Liptak, Corporations Find a Friend in the Supreme Court, which discusses several of the Court?s recent decisions on civil procedure, including Comcast v. Behrend, Wal-Mart v. Dukes, AT&T Mobility v. Concepcion,...

Company Cannot Assert Attorney-Client Privilege Against Its Director, Delaware Court Holds

Posted on May 04, 2013
Plaintiff is a director of the defendant Company, a Delaware corporation, and he owns an entity that was the Company's largest shareholder. The remaining directors of the Company are also defendants. The Board of Directors established a Special Committee to...

Balkin on Erie

Posted on May 03, 2013
Over at Balkinization, Prof. Jack Balkin (Yale) has a post entitled Erie Railroad v. Tompkins and the New Deal Constitution. It begins: Last week Richard Epstein and I were on a panel at AEI on the New Deal Constitution, commemorating...

Tidmarsh on Lemos & Hensler on Adequate Representation in Parens Patriae Suits by State A-Gs

Posted on May 01, 2013
Now available on the Courts Law section of JOTWELL is an essay by Jay Tidmarsh (Notre Dame) entitled Adequacy and the Attorney General. It reviews a recent article by Maggie Lemos (Duke), Aggregate Litigation Goes Public: Representative Suits by State...

Ninth Circuit Requires Evidentiary Hearing on Enforceability of Forum Selection Clause

Posted on May 01, 2013
Pro se plaintiff Robin Petersen was recruited to work in Saudi Arabia as a flight instructor for a subsidiary of Boeing Corporation. His complaint alleged that on arrival in Saudi Arabia, he was forced to sign an employment agreement which...

Call For Papers: First Annual Workshop for Corporate & Securities Litigation

Posted on April 30, 2013
See below for details... The University of Illinois College of Law and the University of Richmond School of Law invite submissions for the First Annual Workshop for Corporate & Securities Litigation. This workshop will be held on Friday, November 8,....

Happy 75th Birthday, Erie!

Posted on April 25, 2013
Seventy-five years ago today, the Supreme Court issued its decision in Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938). --A

Call For Papers: Conference for Empirical Legal Studies

Posted on April 24, 2013
The Eighth Annual Conference on Empirical Legal Studies has issued a call for papers. Submissions are due July 3, 2013 and will be peer-reviewed. The conference will be held at the University of Pennsylvania Law School on October 25-26, 2013....

Compensating Boston Victims with a Fund

Posted on April 23, 2013
The ubiquitous Kennth Feinberg has arrived in Boston to help administer a compensation fund for the victims of the marathon bombing. The fund, One Fund Boston, was established by Boston's mayor and is supported by private donations. The NYTimes reports...

SCOTUS Grants Cert in Another Personal Jurisdiction Case: DaimlerChrysler v. Bauman

Posted on April 22, 2013
Today the Supreme Court granted certiorari in DaimlerChrysler AG v. Bauman (No. 11-965). Here is the question presented (from the defendant?s cert petition): Daimler AG is a German public stock company that does not manufacture or sell products, own property,...

NYLS Law Review Special Issue on Iqbal and Employment Discrimination

Posted on April 22, 2013
The New York Law School Law Review is pleased to announce the forthcoming publication of Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination An invaluable resource for employment lawyers Pre-order your copy by Monday, April...

Is today's cert grant in Daimler v. Bauman a follow-up to Kiobel, or a follow-up to Goodyear?

Posted on April 22, 2013
Some early blog and twitter chatter casts the Supreme Court?s cert grant in DaimlerChrysler AG v. Bauman as a sequel to last week?s Kiobel decision on the Alien Tort Statute (ATS). Although Daimler is an ATS case, the Court does...

Supreme Court Adopts Amendments to Federal Rules

Posted on April 20, 2013
This week the Supreme Court adopted the latest round of amendments to the Federal Rules. Unless Congress intervenes, the new rules will take effect on December 1, 2013. The Civil Rules amendments involve FRCPs 37 & 45. Links to the...

Boyd et al. on Clusters of Causes of Action in Federal Complaints

Posted on April 20, 2013
The Journal of Empirical Legal Studies has published online an article by Christina L. Boyd, David A. Hoffman, Zoran Obradovic, and Kosta Ristovsk entitled "Building a Taxonomy of Litigation: Clusters of Causes of Action in Federal Complaints." Abstract: This project...

Schwartz on a Substantive Right to Class Proceedings

Posted on April 18, 2013
Michael Schwartz has posted his student note, A Substantive Right to Class Proceedings: The False Conflict Between the FAA and the NLRA to SSRN. In recent decades, the U.S. Supreme Court?s Federal Arbitration Act jurisprudence has greatly expanded the scope...

Decision of Interest: Erie and Donald Trump in the Ninth Circuit

Posted on April 18, 2013
Yesterday the U.S. Court of Appeals for the Ninth Circuit decided Makaeff v. Trump University, __ F.3d __, 2013 WL 1633097, No. 11-55016. As the opinion explains, ?California law provides for the pre-trial dismissal of certain actions, known as Strategic...

Dodge on Disaggregative Mechanisms

Posted on April 17, 2013
Jaime Dodge (University of Georgia) has posted Disaggregative Mechanisms: The New Frontier of Mass-Claims Resolution Without Class Actions to SSRN. Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For a half-century, scholars...

SCOTUS Decision in Kiobel v. Royal Dutch Petroleum

Posted on April 17, 2013
Today the Supreme Court decided Kiobel v. Royal Dutch Petroleum Co. (No. 10-1491), a long-pending case involving the Alien Tort Statute (ATS). Although the Court is unanimous that the ATS does not provide jurisdiction in this particular case, there is...

Miller on the Deformation of Federal Civil Procedure

Posted on April 16, 2013
Now available online is an article by Arthur Miller (NYU) entitled Simplified Pleading, Meaningful Days in Court, and Trials on the Merits: Reflections on the Deformation of Federal Procedure, 88 N.Y.U. L. Rev. 286 (2013). Here?s the abstract: When the...

Mullenix on Sachs on Personal Jurisdiction

Posted on April 16, 2013
Now available on the Courts Law section of JOTWELL is an essay by Linda Mullenix (Texas) entitled Fixing Personal Jurisdiction. It reviews a recent article by Stephen Sachs (Duke), How Congress Should Fix Personal Jurisdiction. --A

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