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Civil Procedure Prof Blog

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

Drahozal and Rutledge on Contract and Procedure

Posted on February 28, 2011
Christopher Drahozal (University of Kansas) and Peter Rutledge (University of Georgia) have posted Contract and Procedure to SSRN. Abstract: This paper examines both the theoretical underpinnings and empirical picture of procedural contracts. Procedural contracts may be understood as contracts in...

Drahozal and Rutledge on Contract and Procedure

Decision of Interest: More on Removal Deadlines

Posted on February 28, 2011
We covered earlier the Fourth Circuit?s en banc decision in Barbour v. International Union, which perpetuated a circuit split over how to calculate removal deadlines in multiple-defendant cases. That same week, the Ninth Circuit weighed in on the other side...

SCOTUS Cert Grant of Interest: Stok & Associates v. Citibank

Posted on February 25, 2011
The Supreme Court granted certiorari this week in Stok & Associates v. Citibank (No. 10-514), which presents the question: Under the Federal Arbitration Act (?FAA?), should a party be required to demonstrate prejudice after the opposing party waived its contractual...

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SCOTUS Oral Argument in Bond v. United States

Posted on February 23, 2011
Yesterday the Supreme Court heard oral argument in Bond v. United States, covered earlier here, which presents the question: ?Whether a criminal defendant convicted under a federal statute has standing to challenge her conviction on grounds that, as applied to...

Today's SCOTUS Decision in Williamson v. Mazda: More on Federal Preemption of State Tort Claims

Posted on February 23, 2011
Following up on yesterday?s decision in Bruesewitz v. Wyeth, the Supreme Court issued another decision on preemption today: Williamson v. Mazda (covered earlier here). Justice Breyer wrote the Opinion of the Court, which begins: Federal Motor Vehicle Safety Standard 208...

Today's SCOTUS Decision in Bruesewitz v. Wyeth: Preemption of State Tort Claims by National Childhood Vaccine Injury Act

Posted on February 22, 2011
The Supreme Court issued its decision today in Bruesewitz v. Wyeth (covered earlier here), which presents the question ?whether a preemption provision enacted in the National Childhood Vaccine Injury Act of 1986 (NCVIA) bars state-law design-defect claims against vaccine manufacturers...

Childress on the Erie Doctrine and International Law

Posted on February 18, 2011
Professor Donald Earl Childress III (Pepperdine) has posted on SSRN a draft of his article When Erie Goes International, which will be published in the Northwestern University Law Review. Here's the abstract: This Article challenges the widely held belief that...

$7.2 Billion Law Suit for "Abusive Law Enforcement"

Posted on February 18, 2011
It's only marginally about civil procedure, but I am very amused by this whole lawsuit: R. Allen Stanford who is accused of running a "mini-Madoff" Ponzi scheme has filed a $7.2 billion lawsuit against a number of government officials for...

Ewing & Kysar on Climate Change, Courts, and the Common Law

Posted on February 14, 2011
Benjamin Ewing and Professor Douglas Kysar (Yale) have posted on SSRN a draft of their article, Climate Change, Courts, and the Common Law. Here?s the abstract: Not just a system of checks and balances ideally tuned to constrain collective political....

Shapiro and Schmidt on Oral Dissenting on the Supreme Court

Posted on February 14, 2011
Carolyn Shapiro (Chicago Kent) and Christopher Schmidt (Chicago Kent) have posted Oral Dissenting on the Supreme Court to SSRN. Abstract: In this Article we offer the first comprehensive evaluation of oral dissenting on the Supreme Court. We examine the practice...

Coming Soon To A House Subcommittee Near You?

Posted on February 10, 2011
From David Ingram at Blog of the Legal Times comes the story New Group in Congress Pushes to Change Legal System. Initiated by six members of the House of Representatives, the newly-formed Congressional Civil Justice Caucus will be promoting ?an...

SDNY Blocks Enforcement of Ecuadorian Judgment Against Chevron

Posted on February 09, 2011
In the ongoing litigation between Chevron and plaintiffs in Ecuador, Judge Kaplan of the SDNY has already blocked enforcement of the Ecuadorian judgment in the U.S. The New York Law Journal reports here on a host of interesting issues: restraining...

Decision of Interest: En Banc Fourth Circuit Divides Sharply Over Removal Deadline

Posted on February 08, 2011
In its recent decision Barbour v. International Union (2011 WL 242131, 2011 U.S. App. LEXIS 1695), the en banc Fourth Circuit splits 7-5 over how to apply federal removal requirements when faced with ?the defendants-served-on-different-days dilemma.? At issue in Barbour...

Conference this Week at the University of Texas: Federalism and Its Future

Posted on February 07, 2011
?????????This week the University of Texas School of Law is hosting a conference entitled ?Federalism and Its Future,? which runs from Thursday, February 10 through Saturday, February 12. The conference website states: ?The UT faculty and administration welcome nationally and...

Symposium on Originalism and the Jury

Posted on February 02, 2011
Now in print in the Ohio State Law Journal is a symposium issue on Originalism and the Jury. The symposium was sponsored by The Ohio State University and the University of Illinois. Contributions, available here, include: Suja A. Thomas, Foreword,...

SCOTUS Litigant Extraordinaire Anna Nicole Smith Now Has an Opera

Posted on February 02, 2011
For those of us who teach the very important Anna Nicole Smith cases, such as Marshall v. Marshall, we can add another teaching arrow to our quiver. The London Telegraph reports that an Anna Nicole Smith opera will be opening...

Mulligan on Jurisdiction by Cross-Reference

Posted on January 31, 2011
Lumen Mulligan (University of Kansas Law School) has posted Jurisdiction by Cross-Reference to SSRN. Abstract: State and federal law often cross-reference each other to provide a rule of decision. The difficulties attendant to these cross-referenced schemes are brought to the...

Walsh on Lack of Subject Matter Jurisdiction over Health Care Reform Challenges

Posted on January 31, 2011
Professor Kevin Walsh (Richmond) has posted on SSRN his essay, The Ghost that Slayed the Mandate. Here?s the abstract: Virginia v. Sebelius is a federal lawsuit in which Virginia seeks the invalidation of President Obama?s signature legislative initiative of healthcare...

Wasserman on 'Drive-By Jurisdictional Rulings'

Posted on January 28, 2011
Professor Howard Wasserman (Florida International) has posted on SSRN his essay, The Demise of ?Drive-By Jurisdictional Rulings?, 105 Northwestern University Law Review Colloquy 184 (2011). Here's the abstract: This essay analyzes and comments on four decisions from the Supreme Court?s...

Burbank & Subrin on Restoring Trials

Posted on January 27, 2011
Professors Stephen Burbank (Pennsylvania) and Stephen Subrin (Northeastern) have posted on SSRN their essay, Litigation and Democracy: Restoring a Realistic Prospect of Trial, which is forthcoming in the Harvard Civil Rights ? Civil Liberties Law Review...

Rep. Kucinich: My Lawsuit Allegations Are Private!

Posted on January 26, 2011
Representative Dennis Kucinich is suing the House of Representatives cafeteria over an olive pit in a sandwich. He alleges that biting into the sandwich resulted in extensive dental damage. Although it's not really a civ pro matter, I couldn't help...

Decision of Interest: Seventh Circuit on Twombly/Iqbal & 1292(b) Appeals

Posted on January 25, 2011
Last month, the Seventh Circuit decided an appeal of a district court?s refusal to grant a defendant?s motion to dismiss an antitrust complaint. The case is In re Text Messaging Antitrust Litigation (No. 10-8037), ___ F.3d ___, 2010 WL 5367383,...

Today's SCOTUS Decision in Ortiz v. Jordan

Posted on January 24, 2011
The Supreme Court issued a unanimous decision today in Ortiz v. Jordan (covered earlier here and here). Justice Ginsburg delivered the opinion of the Court. From the opinion: We granted review to decide a threshold question on which the Circuits...

Decision of Interest: 5th Circuit Rejects Katrina Flood Settlement

Posted on January 24, 2011
The Fifth Circuit rejected the $21 million settlement of a class action over damage caused by the levee breaches on the grounds that it did not grapple with the fairness of dispersal of funds and instead "punted" that job to...

Strong on Jurisdictional Discovery in Transnational Litigation

Posted on January 23, 2011
Professor S.I. Strong (Missouri) has posted on SSRN her article, Jurisdictional Discovery in Transnational Litigation: Extraterritorial Effects of United States Federal Practice, which is forthcoming in the Journal of Private International Law. Here?s the abstract: Jurisdictional discovery is a largely...

9/11 Litigation: Cantor Fitzgerald Overclaims for Damages

Posted on January 20, 2011
Judge Hellerstein (SDNY) has issued an opinion stating that under New York law, Cantor Fitzgerald cannot recover economic losses from the loss of its employees. Further coverage here at the New York Law Journal. RJE

SCOTUS Oral Argument in Astra USA v. Santa Clara County

Posted on January 19, 2011
We covered earlier the Supreme Court?s grant of certiorari in Astra USA, Inc. v. Santa Clara County (09-1273), which presents the question: Whether, in the absence of a private right of action to enforce a statute, federal courts have the...

SCOTUS Oral Argument Transcript in Astra USA v. Santa Clara County

Posted on January 19, 2011
As covered earlier, the Supreme Court heard oral argument today in Astra USA, Inc. v. Santa Clara County. Here's the oral argument transcript. --A

SCOTUS Oral Argument Transcript in Smith v. Bayer Corp.

Posted on January 18, 2011
As covered earlier here, the Supreme Court heard oral argument today in Smith v. Bayer Corp., which presents the questions: (1) Whether, under the re-litigation exception of the Anti-Injunction Act, a district court can enjoin parties from seeking class certification...

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