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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

Cooperative Effort Between State and Federal Judges in Settling Mass Tort

Posted on August 23, 2010
The Fulton County Daily Report describes the settlement in lawsuits over vitamin supplements: "DeKalb County State Court Judge Alvin T. Wong participated in the mass mediation at the request of U.S. District Court Judge R. David Proctor of the Northern...

NYTimes Compares Administration of BP Fund to 9/11 Fund

Posted on August 21, 2010
The New York Times has a feature on Ken Feinberg and the new challenges of administering the BP Spill Fund. From the article: The attacks of Sept. 11 were largely fixed in time and place, killing almost 3,000 in a...

Professor Shannon Has Federal Pleading All Figured Out . . .

Posted on August 19, 2010
. . . or does he? Professor Bradley Scott Shannon has posted "I Have Federal Pleading All Figured Out" on SSRN. It is forthcoming in the Case Western Reserve Law Review. The abstract states: Actually (and to no one's surprise),...

Huang on Interregional Recognition & Enforcement of Civil & Commercial Judgments in China

Posted on August 18, 2010
Professor Jie Huang (Duke University School of Law; Shanghai Institute of Foreign Trade School of Law) has posted "Interregional Recognition and Enforcement of Civil and Commercial Judgments: Lessons for China from US and EU Laws" on SSRN. It will be...

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Rau on Primary Jurisdiction

Posted on August 17, 2010
Alan Scott Rau has posted Understanding (and Misunderstanding) "Primary Jurisdiction" to SSRN. Abstract: In our ?Westphalian? regime of international arbitration, conflict and competition between national jurisdictions, with overlapping and yet plausible claims to supervise the process, become inevitable...

Decision of Interest: Baseball, Steroids, and Personal Jurisdiction

Posted on August 17, 2010
The U.S. Court of Appeals for the Fifth Circuit has decided Clemens v. McNamee, No. 09-20625 (Aug. 12, 2010). If those names sound familiar, it?s because this case is the defamation action filed by baseball legend Roger Clemens against ex-trainer...

Alabama Governor seeks to limit atty's fees in BP Spill Litigation

Posted on August 17, 2010
LegalNewsLine reports here. RJE

Dolak on Attorney Misconduct in IP Litigation

Posted on August 16, 2010
Professor Lisa A. Dolak (Syracuse University College of Law) has posted "Lawyers Acting Badly, or Not? Misconduct in IP Litigation: Recent Examples and the Issues They Raise" on SSRN. The abstract states: Misconduct in civil litigation is not a new...

Faculty Hiring Announcement: Charlotte School of Law

Posted on August 16, 2010
According to this announcement, the Charlotte School of Law is seeking applications from entry-level and lateral candidates for tenure-track faculty positions. One area of need is civil procedure. (Hat Tip: The Faculty Lounge)

Williams and George on JPML Decisions

Posted on August 16, 2010
Margaret Williams (Federal Judicial Center) and Tracey George (Vanderbilt University) have posted Who Will Manage Complex Civil Litigation?: The Decision to Transfer and Consolidate Multidistrict Litigation to SSRN. Abstract: The United States Judicial Panel on Multidistrict Litigation may transfer factually...

Kalajdzic on the Globalization of Class Actions in Canada

Posted on August 14, 2010
Professor Jasminka Kalajdzic (University of Windsor Faculty of Law) has posted "The Globalization of Class Actions: Canada" on SSRN. The abstract states: As part of an international group of scholars who came together in December 2007 to discuss and debate...

BP Oil Spill MDL Sent to New Orleans

Posted on August 13, 2010
Last month we covered the hearing before the U.S. Judicial Panel on Multidistrict Litigation (JPML) on the BP Oil Spill litigation (In Re: Oil Spill by the Oil Rig ?Deepwater Horizon? in the Gulf of Mexico, on April 20, 2010,...

Request for Articles

Posted on August 12, 2010
The Akron Law Review is seeking articles for its upcoming symposium issue tentatively titled "Erie Under Advisement: The Doctrine After Shady Grove." The Review "seeks articles that discuss Shady Grove, the future implications of Shady Grove, and the Court's treatment...

Kritzer & Drechsel on News Reporting of Civil Litigation

Posted on August 11, 2010
Professors Herbert M. Kritzer (University of Minnesota Law School) and Robert E. Drechsel (University of Wisconsin, Madison, School of Journalism & Mass Communication) have posted "A Portrait of Local News Reporting of Civil Litigation" on SSRN. The abstract states: What...

Court to Lerach: Law Teaching is Not Community Service

Posted on August 10, 2010
The National Law Journal reports that William Lerach, who pleaded guilty to crimes involving kickback payments to class action plaintiffs, asked a federal judge to complete part of his community service by teaching a law course at UC Irvine. The...

Dahdal & Gillies on In Rem Actions in Australia

Posted on August 09, 2010
Professors Andrew Dahdal (Macquarie University, Macquarie Law School) and Peter S. Gillies (Macquarie University, Macquarie Law School) have posted "Characterising the Action in Rem in Australia and the Implications on International Commercial Arbitration" on SSRN...

PrawfsBlawg on Teaching Civil Procedure

Posted on August 09, 2010
Readers may be interested in these recent posts on PrawfsBlawg about teaching civil procedure: Things You Oughta Know if You Teach Civil Procedure, by Scott Dodson (William & Mary) More things to know if you teach civ pro, by Howard...

Seidman on Acontextual Judicial Review

Posted on August 09, 2010
Louis Michael Seidman (Georgetown University Law Center) has posted Acontextual Judicial Review to SSRN. Abstract: Is constitutional judicial review a necessary component of a just polity? A striking feature of the current debate is its tendency to proceed as if...

NY Times Reports on Outsourcing Discovery Work to India

Posted on August 05, 2010
Today's New York Times features a story about the growing trend of outsourcing discovery work (and other legal work) to India. RJE

Grimmel on the Legacy of Rationalism in the European Court of Justice

Posted on August 04, 2010
Andreas Grimmel (Minda de Gunzburg Center for European Studies (CES); Harvard University; University of Hamburg) has posted "Judicial Interpretation or Judicial Activism?: The Legacy of Rationalism in the Studies of the European Court of Justice" on SSRN...

Akron Law Review Symposium on Erie & Shady Grove

Posted on August 03, 2010
The Legal Scholarship Blog has posted this announcement from the Akron Law Review: The Akron Law Review announces a forthcoming written symposium, ?Erie Under Advisement. The Doctrine After Shady Grove.? The deadline for submitting manuscripts is Oct...

Parness on Judicial Verses Legislative Authority in Illinois After Lebron

Posted on August 02, 2010
Professor Jeffrey A. Parness (Northern Illinois University College of Law) has posted "Judicial Verses Legislative Authority after Lebron" on SSRN. It will be published in the Illinois Bar Journal. The abstract states: In February, 2010 in Lebron v. Gottlieb Memorial...

Three New Comparative Articles

Posted on August 02, 2010
Alexei Trochev has posted Meddling with Justice: Competitive Politics, Impunity, and Distrusted Courts in Post-Orange Ukraine to SSRN. Remo Caponi has posted Italian Civil Justice Reform 2009 to SSRN. Dorota Leczykiewicz has posted 'Effective Judicial Protection' of Human Rights after...

Burch on the Manifest Disregard Standard in Arbitration

Posted on July 31, 2010
Professor Thomas V. Burch (Florida State University College of Law) has posted "Manifest Disregard and the Imperfect Procedural Justice of Arbitration" on SSRN. It will be published in the Kansas Law Review. The abstract states: Arbitration is an efficient dispute-resolution...

Big Day in Boise: JPML Hearing on Possible MDL for BP Oil Spill Litigation

Posted on July 30, 2010
Yesterday the U.S. Judicial Panel on Multidistrict Litigation (JPML) heard argument on various motions to centralize litigation relating to the BP Oil Spill. Orders relevant to the hearing are available on the JPML website here. For press coverage, see Associated...

Junior Faculty Federal Courts Workshop Registration Deadline

Posted on July 29, 2010
Professor Jamelle C. Sharpe (University of Illinois College of Law) has sent the following reminder about the registration deadline for the Junior Faculty Federal Courts Workshop: For those who are interested, I just wanted to send a reminder that the...

Insurers Not Required to Defend in Class Action Alleging Economic Damages

Posted on July 29, 2010
The National Law Journal reports a decision from the Seventh Circuit holding that the insurers of sellers of baby products had no duty to defend the insured in a class action lawsuit that sought only economic damages. RJE

Jeffries on Qualified Immunity

Posted on July 28, 2010
Professor John C. Jeffries (University of Virginia School of Law) has posted "What's Wrong with Qualified Immunity? " on SSRN. It will be published in the Florida Law Review. The abstract states: Originally delivered as the Dunwody Lecture at the...

Wasserman on a Two-Course Sequence in Civil Rights & Federal Courts

Posted on July 27, 2010
Howard Wasserman (Florida International) has posted on SSRN his paper, Civil Rights and Federal Courts: Creating a Two-Course Sequence, 54 St. Louis Univ. L.J. 821 (2010). Here?s the abstract: This paper discusses the details of an independent course on �...

Dobbins on Structure & Precedent

Posted on July 26, 2010
Professor Jeffrey C. Dobbins (Willamette University College of Law) has posted "Structure and Precedent" on SSRN. It will be published in the University of Michigan Law Review. The abstract states: The standard model of vertical precedent is part of the...

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