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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

SCOTUS Cert. Grants of Interest: Three Cases on Private Causes of Action under the Supremacy Clause

Posted on January 18, 2011
The Supreme Court granted certiorari today in three cases: Maxwell-Jolly v. Independent Living Ctr. (09-958); Maxwell-Jolly v. California Pharmacists Ass?n (09-1158); and Maxwell-Jolly v. Santa Rosa Memorial Hospital(10-283). The Court consolidated the cases and granted certiorari only on the first...

SCOTUS Oral Arguments in Smith v. Bayer; Stern v. Marshall

Posted on January 18, 2011
We covered earlier the Supreme Court?s grants of certiorari in Smith v. Bayer Corp. and Stern v. Marshall. The Court hears oral argument in both cases today. Check back for links to the oral argument transcripts once they?re available. Smith...

SCOTUS Oral Argument Transcript in Stern v. Marshall

Posted on January 18, 2011
As covered earlier, the Supreme Court heard oral argument today in Stern v. Marshall. The argument transcript is available here. --A

Eisenberg and Heise on Punitive Damage Awards

Posted on January 17, 2011
Theodore Eisenberg (Cornell Law School) and Michael Heise (Cornell Law School) have posted Judge-Jury Difference in Punitive Damages Awards: Who Listens to the Supreme Court? to SSRN. Abstract: We analyze thousands of trials from a substantial fraction of the nation?s...

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Symeonides on 2010 Choice of Law Cases in American Courts

Posted on January 17, 2011
Dean Symeon Symeonides (Willamette) has posted on SSRN his Twenty-Fourth Annual Survey of American Choice of Law Cases, which will be published in the American Journal of Comparative Law. Here?s the abstract: This is the Twenty-Fourth Annual Survey of American...

Fitzpatrick on Class Action Settlements and Fee Awards

Posted on January 14, 2011
Prof. Brian Fitzpatrick (Vanderbilt) has posted on SSRN his article, An Empirical Study of Class Action Settlements and Their Fee Awards, 7 Journal of Empirical Studies 811 (2010). Here?s the abstract: This article is a comprehensive empirical study of class...

Seiner on Twombly/Iqbal and Affirmative Defenses

Posted on January 13, 2011
Prof. Joseph Seiner (South Carolina) has posted on SSRN a draft of his article, Twombly, Iqbal, and the Affirmative Defense. Here?s the abstract: In Twombly v. Bell Atlantic Corp., 550 U.S. 644 (2007), and Ashcroft v. Iqbal, 129 S. Ct....

SCOTUS Oral Argument in Personal Jurisdiction Cases

Posted on January 11, 2011
We covered earlier the Supreme Court?s grant of certiorari in two cases on personal jurisdiction (the first such cases the Court has taken in two decades). The cases were argued today. Goodyear Dunlop Tires Operations, S.A. v. Brown (No. 10-76)...

Goff and Bales on Orders to Compel Arbitration

Posted on January 10, 2011
Melanie Goff and Richard Bales (Northern Kentucky University) have posted An Analysis of an Order to Compel Arbitration? To Dismiss or to Stay? to SSRN. Abstract: The Federal Arbitration Act makes arbitration agreements judicially enforceable. Often, however, one party to...

SCOTUS Cert Grant of Interest: Erica P. John Fund v. Halliburton

Posted on January 10, 2011
On Friday the Supreme Court granted certiorari in Erica P. John Fund Inc. v. Halliburton Co. (No. 09-1403), which presents the questions: (1) Whether the Fifth Circuit correctly held, in direct conflict with the Second Circuit and district courts in....

Symposium Issue on the Future of Summary Judgment Now Available Online

Posted on January 05, 2011
Available in print and at Akron Law Review is a symposium issue entitled, The Future of Summary Judgment. The issue includes the following articles prepared in conjunction with the 2010 Annual Meeting Program of the AALS Section on Litigation: �...

AALS ?Hot Topics? Panel on Wal-Mart v. Dukes Class Action

Posted on January 03, 2011
As covered earlier, the Supreme Court recently granted certiorari in Wal-Mart Stores, Inc. v. Dukes, an employment discrimination class action whose certification had been affirmed by the en banc Ninth Circuit. This week?s AALS annual meeting in San Francisco is...

Decision of Interest: Seventh Circuit Orders Injunction of "Copycat" Class Action

Posted on December 31, 2010
Last month, a Seventh Circuit panel ordered an Illinois district court to enjoin a class action that had been filed in California by the same attorneys whose earlier class action in Illinois was unsuccessful. The California judge had allowed the...

Brunet on Six Summary Judgment Safeguards

Posted on December 30, 2010
Edward Brunet (Lewis & Clark Law School) has posted Six Summary Judgment Safeguards to SSRN. Abstract: Summary judgment is under attack. Critics have called summary judgment unconstitutional, overused, a radical rule derived from more modest origins, and ineffectual...

Duke Law Journal Special Symposium Issue: 2010 Civil Litigation Review Conference

Posted on December 21, 2010
Now in print and available here is a Special Symposium Issue of the Duke Law Journal arising out of the May 2010 Civil Litigation Review Conference, which was sponsored by the U.S. Judicial Conference's Advisory Committee on Civil Rules and...

E-Marriage Trends Panel at AALS

Posted on December 20, 2010
For those interested in how internet technology influences jurisdiction and the law, there is an interesting panel this year at the AALS: Hot Topics Panel at the AALS E-Marriage: Emerging Trends Meet the Law Mae Kuykendall (MSU College of Law)...

Burbank & Wolff on Shady Grove

Posted on December 20, 2010
Now in print (and available here) is Redeeming the Missed Opportunities of Shady Grove, 159 U. Penn. L. Rev. 17 (2010), by Professors Stephen Burbank (Pennsylvania) and Tobias Wolff (Pennsylvania). The article begins: Few subjects in the field of Procedure...

BP Litigation and Parallel Proceedings

Posted on December 16, 2010
The Blog of the Legal Times has a posting today about the implications of parallel proceedings in criminal and civil court given the recent suits that the DOJ has filed against BP regarding the oil spill. RJE

Three SCOTUS Cert. Grants on Federal Preemption

Posted on December 13, 2010
The Supreme Court granted certiorari on Friday in three cases that raise the question of federal preemption of state-law tort liability in claims involving generic drugs. The cases, which the Court consolidated, are Actavis Elizabeth, L.L.C. v. Mensing (09-1039); Actavis,...

Lahav Summarizes SCOTUS Class Action cert grants

Posted on December 10, 2010
Over at the Mass Tort Litigation Blog, Alexandra Lahav has a great post on The Coming Revolution in Class Actions in which she gives a brief overview of the class action cases that the Supreme Court will hear this term....

Clermont on the Baycol Case

Posted on December 08, 2010
Kevin Clermont (Cornell Law School) has posted Class Certification's Preclusive Effects to SSRN. Abstract: In September 2010, the Supreme Court granted certiorari in the controversial Baycol litigation. The central question will be whether, subsequent to a denial of class certification,...

Spencer on Pre-Litigation Preservation & Spoliation

Posted on December 07, 2010
Prof. Benjamin Spencer (Washington & Lee) has posted on SSRN a draft of his article, The Preservation Obligation: Regulating and Sanctioning Pre-Litigation Spoliation in Federal Court, which is forthcoming in the Fordham Law Review. Here?s the abstract: The issue of...

SCOTUS Grants Cert. in Dukes v. Wal-Mart Class Action

Posted on December 06, 2010
The Supreme Court granted certiorari today in Wal-Mart Stores, Inc. v. Dukes (No. 10-277). Of the questions presented in the petition, it granted cert. only as to Question I: ?Whether claims for monetary relief can be certified under Federal Rule...

NYTimes article highlights litigation financing

Posted on December 06, 2010
The New York Times has a feature about the burgeoning business of litigation financing. This article focuses on a firm that finances divorce litigation. RJE

SCOTUS Issues Opinion re Municipal Liability for Civil Rights Violations

Posted on November 30, 2010
The Supreme Court issued its opinion in Los Angeles County v. Humphries No. 09-350 today. Justice Breyer wrote for the court and held that a municipality is not liable for civil rights violations under 42 U.S.C. �1983 regardless of whether...

Tidmarsh on Procedure, Substance, and Erie

Posted on November 30, 2010
Jay Tidmarsh (Notre Dame) has posted on SSRN a draft of his article, Procedure, Substance, and Erie, which is forthcoming in the Vanderbilt Law Review. Here?s the abstract: This Article examines the relationship between procedure and substance, and the way...

Nash and Collins on Prosecuting Federal Crimes in State Court

Posted on November 29, 2010
Michael G. Collins (University of Virginia School of Law) and Jonathan Remy Nash (Emory University School of Law) have posted Prosecuting Federal Crimes in State Court to SSRN. Abstract: May state courts entertain federal criminal prosecutions? Many scholars assume that...

4th International Conference on the Globalization of Collective Litigation

Posted on November 26, 2010
On December 10th, 2010, Florida International University College of Law is hosting the 4th International Conference on the Globalization of Collective Litigation. From the FIU website: This conference, co-organized by professors Manuel A. Gomez (Florida International University College of Law)...

AALS Civil Procedure Section Seeks Information About Upcoming Conferences

Posted on November 23, 2010
Each year the Civil Procedure Section of the AALS prepares a newsletter that aggregates various bits of information for the benefit of Civil Procedure teachers and scholars. One regular feature of that newsletter is ?Upcoming Conferences.? If you have planned...

Drug and Device Law Blog on Fraudulent Joinder

Posted on November 22, 2010
Steve McConnell at the Drug and Device Law Blog has a post about the practice of joining corporate employees to a lawsuit for the purpose of creating or destroying diversity jurisdiction. As is always the case with the blog, the...

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