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Civil Procedure Prof Blog

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Post Frequency: 6.4/day

Last Entry: April 01, 2011 at 13:59:54

Big Week at SCOTUS: Cert Grants of Interest

Posted on September 29, 2010
As covered earlier here, the Supreme Court is finally ending its long hiatus from the topic of personal jurisdiction by granting certiorari in Goodyear v. Brown (No. 10-76) and J. McIntyre Machinery v. Nicastro (09-1343). Several other cert. grants may...

SCOTUS Grants Cert in Personal Jurisdiction Cases

Posted on September 28, 2010
Great news for all of us who are smack in the middle of teaching personal jurisdiction: The Supreme Court has granted cert in the cases of Goodyear v. Brown and J. McIntyre Machinery Ltd. v. Nicastro. SCOTUSblog has further links...

Thomas on Iqbal, Twombly & Employment Discrimination

Posted on September 28, 2010
Prof. Suja Thomas (Illinois) has posted on SSRN her forthcoming essay, Oddball Iqbal and Twombly and Employment Discrimination, to be published in the University of Illinois Law Review. Here?s the abstract: This brief Essay argues that Bell Atlantic Corp...

Langer on The Political Branches Regulating Role in Prosecuting International Crimes

Posted on September 27, 2010
Professor Maximo Langer (UCLA School of Law) has posted "The Diplomacy of Universal Jurisdiction: The Regulating Role of the Political Branches in the Transnational Prosecution of International Crimes" on SSRN. It will be published in the American Journal of International...

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SCOTUS Stays $250M+ Class Action Judgment

Posted on September 27, 2010
On Friday, Justice Scalia (Circuit Justice for the Fifth Circuit) issued an order staying a quarter-of-a-billion-dollar judgment entered in Louisiana state court against several tobacco companies. The case is Philip Morris USA Inc. v. Scott (No. 10A273, docket available here),...

NYTimes Op-Ed: Greenhouse Identifies Standing as Major Upcoming Issue

Posted on September 24, 2010
In today's online edition of the New York Times, Linda Greenhouse argues that standing will be an important legal issue in the upcoming challenges to the stem cell research decision and health care reform. RJE

NY Court: Social Media Postings are Discoverable

Posted on September 24, 2010
The New York Law Journal reports that a judge in New York's Suffolk County has ruled that a plaintiff's private Facebook postings are discoverable in a personal injury action. Perhaps this will reinforce our growing sense that just checking your...

California Court Sanctions Attorney for Frivolous Appeal

Posted on September 22, 2010
My students often ask me if attorneys are ever really sanctioned for filing frivolous motions or appeals. The National Law Journal has this story of an attorney for Toyota who was sanctioned for filing an appeal that was "'rife with...

Notre Dame Law Review on Shady Grove (the Annual Federal Courts, Practice & Procedure Issue)

Posted on September 16, 2010
Now available on SSRN are drafts of articles that will appear in the Notre Dame Law Review?s annual Federal Courts, Practice and Procedure issue, which is scheduled to publish in February 2011. The topic is Shady Grove Orthopedic Associates v....

SCOTUS Cert Petition of Interest: A Possible Shady Grove Sequel?

Posted on September 15, 2010
Earlier this year, we covered the Supreme Court?s much-anticipated decision in Shady Grove Orthopedic Associates v. Allstate Insurance Co., 130 S. Ct. 1431 (2010), which examined the role of state class-action law in federal court under the Erie doctrine and...

Call for Papers: Civil Litigation as a Tool for Regulating Climate Change

Posted on September 15, 2010
The following Call for Papers has been issued by Valparaiso University School of Law for its upcoming conference on "Civil Litigation as a Tool for Regulating Climate Change," which will be held on Feb. 18, 2011: The purpose of this...

Struve on the Rules Enabling Act

Posted on September 14, 2010
Catherine Struve (University of Pennsylvania Law School) has posted Institutional Practice, Procedural Uniformity, and As-Applied Challenges under the Rules Enabling Act to SSRN. Abstract: Addressing the Supreme Court?s decision last Term in Shady Grove Orthopedic Associates, P...

Amann on Women at Nuremberg

Posted on September 14, 2010
Professor Diane Marie Amann has posted "Portraits of Women at Nuremberg" on SSRN. It will be published in the American Society of International Law Journal. The abstract states: This essay reflects ongoing research that investigates women who played roles in...

Penn State Law Review Symposium on Iqbal

Posted on September 10, 2010
Now available on SSRN are several contributions to the Penn State Law Review's symposium on Ashcroft v. Iqbal. They include: Ray Worthy Campbell, Getting a Clue: Two Stage Complaint Pleading as a Solution to the Conley-Iqbal Dilemma Gary S. Gildin,...

Erie, International Law and Guantanamo: Judge Kavanaugh's Opinion in Al-Bihani v. Obama

Posted on September 09, 2010
Last week the D.C. Circuit refused to grant en banc rehearing of its decision in Al-Bihani v. Obama, 590 F.3d 866 (D.C. Cir. 2010). The denial of rehearing (available here) was accompanied by several statements by individual D.C. Circuit judges,...

Pollis on Interlocutory Appeals for MDLs

Posted on September 07, 2010
Andrew S. Pollis (Case Western Reserve University School of Law has posted The Need for Non-Discretionary Interlocutory Appellate Review in Multidistrict Litigation to SSRN.Multidistrict litigation, or ?MDL,? is a tool for managing complex litigation by transferring cases with common questions...

Faculty Hiring Announcement: Stetson University

Posted on September 07, 2010
Via The Faculty Lounge, here is a hiring announcement from Stetson University College of Law. Among other things, Stetson is looking to hire two to four tenured/tenure-track faculty members, and one area of need is civil procedure.

NYTimes Highlights FL Foreclosure Only Courts

Posted on September 04, 2010
The New York Times has an article entitled High-Speed Courts Offer Answer to Foreclosure. It is a good teaching tool for those of us looking to highlight current event examples of the relationship of procedure, claims, and remedies. From the...

Facebook and Subject Matter Jurisdiction: With Friends Like These...

Posted on September 02, 2010
Earlier this summer, Paul Ceglia filed a lawsuit in a Buffalo, New York state court claiming he?s entitled to an 84% stake in Facebook. Mark Zuckerberg, the defendant and Facebook CEO, removed the case to U.S. District Court for the...

Handrlica on Exclusive Jurisdiction and Forum Shopping in the EU

Posted on September 01, 2010
Jakub Handrlica (Charles University in Prague - School of Law) has posted Exclusive Jurisdiction vs. Forum Shopping in European Nuclear Liability Law to SSRN. Abstract: Obviously, two rather contradictory principles regarding the jurisdiction are currently in force in the European...

Oldfather, Bockhorst & Dimmer on Judicial Responsiveness

Posted on August 30, 2010
Professor Chad Oldfather (Marquette), Joesph Bockhorst and Brian Dimmer have posted on SSRN their article, Judicial Inaction in Action? Toward a Measure of Judicial Responsiveness. Here's the abstract: This article attempts to develop a measure of what we call ?judicial...

Erbsen on Impersonal Jurisdiction

Posted on August 30, 2010
Allan Erbsen (University of Minnesota School of Law) has posted Impersonal Jurisdiction to SSRN.Constitutional law governing personal jurisdiction in state courts inspires fascination and consternation. Courts and commentators recognize the issue?s importance, but cannot agree on the purpose that limits...

Spottswood on Live Hearings, Paper Trials

Posted on August 27, 2010
Prof. Mark Spottswood (Northwestern) has posted on SSRN his article Live Hearings and Paper Trials. Here?s the abstract: This article explores a constantly recurring procedural question: When is fact-finding improved by a live hearing or trial, and when would it...

University of Idaho has faculty positions in Civ Pro

Posted on August 26, 2010
Here is the announcement: THE UNIVERSITY OF IDAHO COLLEGE OF LAW seeks to fill two entry-level, tenure-track faculty positions at its Moscow, Idaho campus beginning in the Fall of 2011 contingent upon approval of the positions by the University?s Board...

Kansas Attorneys Have More Fun

Posted on August 26, 2010
On the homepage for the District of Kansas, I found this announcement for the 10th Circuit Bench and Bar conference which will feature a Second(!) Biannual Kansas Karaoke Night. I approve! RJE

Nagareda on Class Certification and Dukes v. Wal-Mart

Posted on August 26, 2010
Prof. Richard Nagareda (Vanderbilt) has posted on SSRN his essay, Common Answers for Class Certification, which is forthcoming in the Vanderbilt Law Review En Banc. Here's the abstract: This Essay for the Vanderbilt Law Review En Banc roundtable on Dukes...

Skinner on International Law Violations and "Arising Under" Jurisdiction

Posted on August 25, 2010
Professor Gwynne Skinner (Willamette University College of Law) has posted "When Customary International Law Violations 'Arise Under the Laws of the United States'" on SSRN. It will be published in the Brooklyn Journal of International Law. The abstract states: For...

Meier on Causation and Standing

Posted on August 25, 2010
Luke Meier (Baylor Law School) has posted Causation and Standing to SSRN. Abstract: To satisfy the standing requirements deriving from the ?case? or ?controversy? language of Article III, a plaintiff must show (1) injury in fact which is (2) fairly...

Hoffman & Steinberg on the Milberg Weiss Controversy

Posted on August 24, 2010
Professor Lonny Hoffman (Houston) & Alan Steinberg have posted on SSRN their paper The Ongoing Milberg Weiss Controversy. Here?s the abstract: In this paper we revisit the ongoing controversy surrounding the Milberg Weiss prosecution. Our paper responds to an important,...

Thomas on the Seventh Amendment & Bankruptcy/Administrative Proceedings

Posted on August 23, 2010
Prof. Suja Thomas (Illinois) has posted on SSRN her forthcoming article, The Unconstitutionality of Administrative and Bankruptcy Adjudication of Damage Claims, which will be published in the Ohio State Law Journal. Here?s the abstract: The Supreme Court has interpreted many...

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