
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Civil Procedure Prof Blog 

A Member of the Law Professor Blogs Network
Post Frequency: 6.4/day Last Entry: April 01, 2011 at 13:59:54 Recent Entries: 790
Go to Civil Procedure Prof Blog, find other Academic blogs, or browse all law blogs.
Judge or Jury
Posted on June 09, 2008Last week, the Seventh Circuit decided Pavey v. Conley, a case worth reading for its analysis of whether judges or juries resolve disputed fact questions. There, a prisoner alleged excessive force in his s1983 claim. Defendants answered, asserting that the...
E-Discovery: waivers and key words
Posted on June 06, 2008Click here to read a recent ABA Journal article about waiving privilege in E-discovery by using untested key words. The article begins: "A federal magistrate in Baltimore has ruled a company sued for infringement has no attorney-client privilege in 165...
Chat With Scalia on WSJ law Blog:
Posted on June 02, 2008As part of our ongoing coverage of the Scalia media blitz, I wanted to point out that at the Wall Street Journal Law Blog there's a Q and A with Justice Scalia. Part one is on ?Knowing your audience, and...
?Stark Contrasts Between McCain and Obama in Judicial Wars?
Posted on May 30, 2008This piece by Neil A. Lewis was in yesterday?s New York Times. Lewis makes the point that, in McCain?s 22 years in the Senate, he has not been a major player in the judicial wars. He has supported recent judicial...
Personal Jurisdiction in the Clemens case
Posted on May 29, 2008Yesterday's Houston Chronicle discusses defendant's (McNamee's) territorial-jurisdiction challenge in the Roger Clemens defamation case. Arguing that McNamee purposefully directed his tortious conduct at a known Texas resident, Clemens's lawyer was quoted as saying "It's only fair McNamee should have to...
The Significance of Philip Morris v. Williams
Posted on May 28, 2008In the most recent issue of the NYU Survey of American Law, Professor Michael Allen, Stetson University College of Law, published Of Remedy, Juries, and State Regulation of Punitive Damages: The Significance of Philip Morris v. Williams. Part I of...
New Redish article on construing The Rules Enabling Act
Posted on May 26, 2008Prof. Martin Redish and Dennis Murasko recently posted The Rules Enabling Act and the Procedural-Substantive Tension: A Lesson in Statutory Interpretation. The article will appear in Volume 93 of the Minnesota Law Review, and its abstract follows: The Rules Enabling...
Case Watch: In Re: Volkswagen of America
Posted on May 23, 2008Yesterday, the Fifth Circuit heard en banc oral argument in In Re: Volkswagen of America. Of interest in the case is this amicus brief, signed by 14 law professors, filed in support of respondents. The issue concerns the proper transfer...
Katrina Still Making Waves
Posted on May 22, 2008I wish I had brought this case to your attention a bit sooner (better late than never, I suppose), but the Fifth Circuit issued an opinion last month you might want to take a look at. In Louisiana v. AAA...
My State's High Court is Better Than Yours!
Posted on May 22, 2008Profs Choi, Gulati, and Posner have posted on SSRN their new article, Which States Have the Best (and Worst) High Courts?, which ranks the high courts of the fifty states based on their performance between 1998-2000. Criteria used to evaluate...
SCOTUS Watch: May 22 Conference
Posted on May 21, 2008On Thursday, May 22, 2008, the Supreme Court will hold a conference to consider petitions in a number of cases, including several of interest to CivPro folks. T-Mobile USA, Inc., et al. v. Laster, et al., 07-976: Whether, under the...
D.C. Cir: U.S. Currency Discriminates Against Blind
Posted on May 20, 2008This morning the D.C. Circuit issued its opinion in The American Council of the Blind v. Paulson in which it held that U.S. currency discriminates against the visually impaired in violation of the Rehabilitation Act, 29 U.S.C. s 794. Here...
Inquiry into the Merits at the Class Certification Stage
Posted on May 20, 2008You might want to give In re New Motor Vehicles Canadian Export Antitrust Litigation a read. The First Circuit discusses the degree of inquiry into the merits that is required at the class certification stage. The Supreme Court has yet...
Solicitor General Urges Court to Refuse Review of Collateral Order Doctrine Case
Posted on May 19, 2008On Friday, the United States Solicitor General urged the court to refuse to hear Exxon Mobil, et al., v. Doe, et al. (07-81), a lawsuit filed by Indonesians who claim guards at an Exxon Mobil natural gas plant abused them....
The Anonymous Justice Souter
Posted on May 16, 2008Justice Souter has a reputation of avoiding the spotlight in an age when justices write autobiographies, go on book tours, and give interviews. Recently Bloomberg.com posted an interesting piece, Souter Protects Anonymity as Court Colleagues Seek Spotlight...
Who Would the Presidential Candidates Bring into the Justice Department?
Posted on May 15, 2008With the presidential election less than six months away, each of the three presidential candidates is considering who they would bring into the Justice Department. Last week, Senator John McCain released a list of 48 legal advisers and has been...
No Quorum
Posted on May 14, 2008On Monday, the Supreme Court was forced under 28 U.S.C. § 1 to affirm the Second Circuit?s decision in American Isuzu Motors, Inc.v. Ntsebeza and allow South African citizens to proceed in a lawsuit against American and foreign corporations. The...
Claim Preclusion and the Contract Disputes Act of 1978
Posted on May 13, 2008You may have noticed the case of Phillips/May Corp. v. United States thanks to the folks over at the Appellate Review Blog, but, if not, here is a link to the decision out of the Federal Circuit on whether the...
Making His Case?
Posted on May 12, 2008So why did Justice Scalia co-author and promote a book on legal persuasion? Here Dahlia Lithwick discusses on Slate.com (with a different version in this week?s Newsweek) what she sees as the possible motivation for Justice Scalia?s book and the...
Judicial Hellholes, Lawsuit Climates, and Bad Social Science ...
Posted on May 07, 2008Prof. Elizabeth Thornburg recently posted her article, Judicial Hellholes, Lawsuit Climates, and Bad Social Sciences: Lessons from West Virginia on SSRN. The abstract of the article, which has been accepted for publication in Vol. 110 of the West Virginia Law...
Making Your Case
Posted on May 06, 2008We posted here about Justice Scalia's and Brian A. Garner's new book, Making Your Case: the Art of Persuading Judges. Justice Scalia's been all over the place promoting the book, including on 60 Minutes, as we mentioned here. Now, the...
Alien Corporations
Posted on May 01, 2008For purposes of 28 U.S.C. s1332, what is the citizenship of a corporation that is incorporated domestically and that has its principal place of business abroad? Yesterday, the Seventh Circuit correctly concluded that such a corporation is only a citizen...
MDL Transfer After Section 1404 Denial
Posted on May 01, 2008If a trial court denies a party's section 1404 venue-transfer motion, should that ruling preclude the Judicial MDL panel from transferring under section 1407? Beck and Herrmann discussed the issue Wednesday. --RR
D.C. Circuit Joins the Twombly Fray
Posted on April 30, 2008Prof. Scott Dodson has written for us before on Twombly (and other subjects). He has this to say about a recent D.C. Circuit case: There has been much discussion on the impact of Bell Atlantic v. Twombly, which set a...
Preliminary Draft of Proposed Amendments to Federal Rules
Posted on April 29, 2008The Advisory Committee has proposed amendments to the federal rules, including the Rules of Civil Procedure, and the public-comment period is open. You can read the Summary for Bench and Bar here and read Ben Spencer's post on the topic...
Justice Scalia and 60 Minutes
Posted on April 28, 2008Last night, 60 Minutes broadcast its interview with Justice Scalia. You can read a short piece on the interview and watch about thirty minutes of interview footage here. Below is a transcript of a portion of Lesley Stahl's introduction.--Counseller Not...
"I try not to read that many cases"
Posted on April 25, 2008In case you haven't seen it, check out this story, which involves the following exchange at a recent 5th Circuit oral argument: Judge: You don?t know Morgan? Phipps: Nope. Judge: You haven?t read it? Phipps: I try not to read...
Petitions to Watch
Posted on April 23, 2008SCOTUS Blog has a recurring feature called Petitions to Watch, which is an attempt to predict the petitions the court is likely to grant. Of particular interest to our readers will be the petitions in two cases involving federal court...
What Twombly and Mead have in Common
Posted on April 21, 2008Prof. Amy J. Wildermuth recently posted an essay on the Northwestern Colloquy, titled What Twombly and Mead Have in Common. Thanks to Editor Kristin Feeley for the heads-up and the following summary: Professor Amy Wildermuth discusses the similarity between the...
Previous | Next
California's Proposed Student Civil Rights Act Gives Broad Definition to "Religion"
On Tuesday, the California Senate Judiciary Committee approved by ...
Standards of Practice in Civil Protection Order Cases
The American Bar Association has recently published its new Standa...
Civil Rights Leader Settles Discrimination Lawsuit
Atlanta, GA: Rep. John Lewis has spent a large part of his life fi...
CIVIL COURT CASES CAN REMAIN IN LIMBO
For some, "limbo" describes a transitional place be...
New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...
The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Gay Marriage Laws
Where same sex couples can marry
Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
In continuation.I received further emails, and regular mail stating they were just awaiting for his most recent retirement statement from his last job he served as a civil servant in the nys retirement system,they then s
you need to speak with a NY tax lawyer & a domestic lawyer - if you were lis...
My children's school is falsely charging me with truancy. The local district justice works for the school in the most blatently open way. And his wife works for the district, too! They have violated private health record
I am no lawer by any means, so I would love for someone to verify what I have to...
As of right now i am currently residing in a federal halfway house and wish to pursue a 28 U.S.C.1331 civil action lawsuit which initially began in 2003 to the present date.if the litigation is still continuing,can i sti
Give me the specifics and maybe I can tell you if your case is worth trying. Whe...
Will placing Without Prejudice in a settlement offer keep it off the record?
in british law countries which i believe includes the usa
the term Without...

Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
In continuation.I received further emails, and regular mail stating they were just awaiting for his most recent retirement statement from his last job he served as a civil servant in the nys retirement system,they then s
you need to speak with a NY tax lawyer & a domestic lawyer - if you were lis...
My children's school is falsely charging me with truancy. The local district justice works for the school in the most blatently open way. And his wife works for the district, too! They have violated private health record
I am no lawer by any means, so I would love for someone to verify what I have to...
As of right now i am currently residing in a federal halfway house and wish to pursue a 28 U.S.C.1331 civil action lawsuit which initially began in 2003 to the present date.if the litigation is still continuing,can i sti
Give me the specifics and maybe I can tell you if your case is worth trying. Whe...
Will placing Without Prejudice in a settlement offer keep it off the record?
in british law countries which i believe includes the usa
the term Without...








