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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

Commentary on Recent CAFA Decision (Cappuccitti v. DirecTV)

Posted on July 26, 2010
Last week the Eleventh Circuit issued a very significant (though a bit puzzling) decision on the 2005 Class Action Fairness Act (CAFA). The case is Cappuccitti v. DirecTV, Inc., No. 09-14107, ___ F.3d ___, 2010 U.S. App. LEXIS 14724, 2010...

Interesting Case on Preemption and Twombly

Posted on July 26, 2010
Courtesy of the Drug and Device Law Blog comes this post about Franklin v. Medtronic, Inc., 2010 U.S. Dist. LEXIS 71069 (D. Col. May 12, 2010). The court dismissed a claim that an implantable defibrillator malfunctioned and caused an injury...

Perry on Punitive Damages and the Exxon Valdez Litigation

Posted on July 25, 2010
Ronen Perry (University of Haifa) has posted Economic Loss, Punitive Damages, and the Exxon Valdez Litigation to SSRN. Abstract: On March 24, 1989, an Exxon supertanker ran aground on Bligh Reef off the Alaskan coast, spilling millions of gallons of....

Analysis of the Controversial Arizona Immigration Law

Posted on July 24, 2010
Since some of the provisions of Arizona Senate Bill 1070 (the controversial Arizona immigration statute) implicate federalism issues, you might find "Arizona Senate Bill 1070: A Preliminary Report" of interest. It has been posted on SSRN by its authors: Professors...

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Decision of Interest on the Class Action Fairness Act (CAFA)

Posted on July 23, 2010
This week the Eleventh Circuit issued a decision interpreting 28 U.S.C. � 1332(d), the new form of diversity jurisdiction created by the 2005 Class Action Fairness Act (CAFA). In Cappuccitti v. DirecTV, Inc., No. 09-14107, ___ F.3d ___, 2010 WL...

Bray on Preventative Litigation

Posted on July 23, 2010
Samuel Bray (Stanford Law School) has posted Preventative Adjudication to SSRN. Abstract: This Article identifies, justifies, and explains the parameters of a largely ignored but important category of cases - what is here called ?preventive adjudication...

U.S. Appeals Court Tells State Department to Provide More Due Process to Alleged Foreign Terrorist Organizations

Posted on July 22, 2010
Professor Cindy Galway Buys (Southern Illinois University School of Law) posted this on the International Law Prof Blog: On Friday, the U.S. Court of Appeals for the District of Columbia Circuit issued a ruling in which it ordered the U.S....

Maxeiner on Pleading, Access & Iqbal

Posted on July 22, 2010
Professor James Maxeiner (Baltimore) has posted on SSRN his article, Pleading and Access to Civil Procedure: Historical and Comparative Reflections on Iqbal, a Day in Court and a Decision According to Law, 114 Penn State L. Rev. ___ (forthcoming 2010)...

Philipsen & Faure on Fees for Personal Injury Claim Settlement in the Netherlands

Posted on July 21, 2010
Professor Niels J. Philipsen (Maastricht University Faculty of Law, Metro) and Professor Michael G. Faure (University of Maastricht Faculty of Law, Metro; Erasmus University Rotterdam School of Law) have posted "Fees for Claim Settlement in the Field of Personal Injury:...

Discovery Order in Toyota MDL incorporates elements of parallel state and federal administrative investigations

Posted on July 21, 2010
The National Law Journal reports that the California federal judges hearing the Toyota MDLs has approved a new joint discovery plan. Of interest to civ pro folks is the fact that the plan takes advantage of discovery and facts already...

Redish & McNamara on Discovery Cost Allocation

Posted on July 19, 2010
Professor Martin H. Redish (Northwestern University School of Law) and Professor Colleen McNamara (Northwestern University School of Law) have posted "Back to the Future: Discovery Cost Allocation and Modern Procedural Theory" on SSRN. The abstract states: It has long been...

Hot Off The Presses: Recent Articles Of Interest

Posted on July 19, 2010
With a hat tip to the Current Index of Legal Periodicals, here are some recently published articles that might be of interest: Casey R. Fronk, The cost of judicial citation: an empirical investigation of citation practices in the federal appellate...

Rau on Primary Jurisdiction

Posted on July 15, 2010
Prof. Alan Rau (Texas) has posted on SSRN his article, Understanding (and Misunderstanding) 'Primary Jurisdiction', which is forthcoming in the American Review of International Arbitration. Here?s the abstract: In our ?Westphalian? regime of international arbitration, conflict and competition between national...

Music Industry's $675K Judgment Against File-Sharing College Student Reduced as Unconstitutionally Excessive

Posted on July 12, 2010
In a closely-watched federal lawsuit brought by several major recording companies, U.S. District Judge Nancy Gertner has reduced a damage award against a defendant who illegally downloaded 30 songs when he was in college. The case is Sony BMG Music...

Craig on Due Process Challenges in Environmental & Natural Resources Law

Posted on July 12, 2010
Robin Kundis Craig (Florida State University College of Law) has posted "Due Process Challenges in Environmental and Natural Resources Law" on SSRN. The abstract states: Environmental and natural resources attorneys are likely to encounter a broad range of due process...

Frost & Lindquist on Elected Judges and the Majoritarian Difficulty (Virginia Law Review)

Posted on July 09, 2010
Countering the Majoritarian Difficulty, 96 Va. L. Rev. 719 (2010), by Professors Amanda Frost (American) and Stefanie Lindquist (Texas), is now "in print" at the Virginia Law Review's website. Here's the abstract: Most state court judges are elected to office,...

Faculty Hiring Announcement: University of Alabama

Posted on July 08, 2010
Prof. Paul Horwitz (Alabama) has posted Faculty Hiring at Alabama over at PrawfsBlawg. They?re looking at both entry-level and lateral candidates, and one area of need is civil procedure.

DePoorter on the Feedback Effect of Civil Settlements

Posted on July 06, 2010
Prof. Ben DePoorter's essay, Law in the Shadow of Bargaining: The Feedback Effect of Civil Settlements, 95 Cornell L. Rev. 957 (2010), is now "in print" at the Cornell Law Review's website. Here's the abstract: Lawmakers, courts, and legal scholars...

Lee & Willging on Attorney Satisfaction with the Federal Rules of Civil Procedure

Posted on July 06, 2010
Emery G. Lee III (Federal Judicial Center) and Thomas E. Willging (Federal Judicial Center) have posted "Attorney Satisfaction with the Federal Rules of Civil Procedure: Report to the Judicial Conference Advisory Committee on Civil Rules" on SSRN. The abstract states:...

Nerve Center Test Gets First Post-SCOTUS Application

Posted on July 01, 2010
The Legal Intelligencer reports on a recent ruling that GlaxoSmithKline is a citizen of Pennsylvania (where it has its corporate headquarters), preventing removal of a products liability case to federal court. This marks a change from the pre-Hertz decisions where...

Hot Off The Presses: Recent Articles of Interest

Posted on July 01, 2010
With a hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Jonathan Berman, You may know the law but I own the judge: why Congress can and should get involved...

SCOTUS cert. grant in Henderson v. Shinseki: Once more into the jurisdictional-vs.-nonjurisdictional breach

Posted on June 29, 2010
The Supreme Court has been struggling in recent years to distinguish "jurisdictional" requirements from "nonjurisdictional" ones, in a line of cases that includes Arbaugh v. Y & H Corp., 546 U.S. 500 (2006), Bowles v. Russell, 551 U.S. 205 (2007),...

Dodson on Justice Souter and the Civil Rules

Posted on June 28, 2010
Prof. Scott Dodson (William & Mary) has published Justice Souter and the Civil Rules in the Washington University Law Review Commentaries. From the text: Justice Souter appears to have shied away from writing opinions that addressed the civil rules for...

Washington Supreme Court Rejects Twombly/Iqbal

Posted on June 25, 2010
The Washington State Supreme Court decided yesterday to maintain the pleading standard that has long applied in Washington state courts, rebuffing a request to adopt the federal pleading standard that the U.S. Supreme Court embraced in Twombly and Iqbal...

Federal Judicial Center Reports on SSRN

Posted on June 24, 2010
Emery Lee & Thomas Willging of the Federal Judicial Center have posted on SSRN three reports that may be of interest: (1) Attorney Satisfaction with the Federal Rules of Civil Procedure: Report to the Judicial Conference Advisory Committee on Civil...

Today's SCOTUS Decision in Morrison v. National Bank of Australia

Posted on June 24, 2010
Today the Supreme Court issued a unanimous decision in Morrison v. National Bank of Australia Ltd., covered earlier here and here. Justice Scalia wrote the majority opinion, joined by Chief Justice Roberts and Justices Kennedy, Thomas and Alito. The opinion...

Varghese on Comparative Evaluation of Judicial Appointment Processes

Posted on June 24, 2010
Professor John Varghese (Government Law College, Kozhikode) has posted "Judicial Appointments--The Domain Game" on SSRN. The abstract states: The judicial appointments and the say of higher judiciary in finding the suitable candidates for filling up vacancies in higher judiciary has...

9th Circuit Upholds 20 Person Class as Sufficiently Numerous

Posted on June 23, 2010
A few weeks ago, the Ninth Circuit decided the case of Rannis v. Recchia (2010 WL 2124096). The lawsuit was originally certified as a class action with 74 class members who alleged violations of the Credit Repair Organizations Act. So...

Reading the Kagan Tea Leaves on Twombly/Iqbal

Posted on June 22, 2010
We blogged earlier about Supreme Court nominee Elena Kagan?s civil procedure paper trail. As for her views on one of today?s most controversial issues in civil procedure ? federal pleading standards ? a recent New York Times article starts with...

Wasserman on Best Practices, Student-Centeredness & Teaching Civil Procedure

Posted on June 21, 2010
Over at PrawfsBlawg, Howard Wasserman (Florida International) has this post, which shares some of his recent experiences in the classroom and describes how trends in law school pedagogy may be in tension with one another. --A

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