Federal Civil Practice Bulletin: Miscellaneous

Home -> Law Blog Directory -> Miscellaneous Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Miscellaneous

Federal Civil Practice Bulletin

Dedicated to federal civil practice and procedure.

Post Frequency: 5.3/day

Last Entry: January 13, 2014 at 12:37:00

JPML Sends BP Oil Spill Cases to New Orleans Federal District Court

Posted on August 10, 2010
Here is a copy of the order from today: http://www.jpml.uscourts.gov/Panel_Orders/Recent_Orders/MDL-2179-Transfer_Order.pdf.

EDVA Judge Holds Email Not Protected by "Common Interest" Rule

Posted on July 28, 2010
Per In re: OutsideWall Tire Litigation (E.D. Va. July 6, 2010):In their motion to compel, plaintiffs sought testimony from Harjeev Kandhari, a managing agent of the Al Dobowi defendants, concerning an e-mail exchange between nonparty Sam Vance and Harjeev Kandhari, In an e-mail dated March 10, 2007, Vance?who then as now worked as a consultant for the Al Dobowi defendants?-informs Surender Kandhari that he is required to submit answers to interrogatories in connection with then-pending litigation against him in a Florida court, and asks, "Have you heard anything from the Attorneys?" and, further, "Is it O...

Eleventh Circuit Holds That CAFA Cases Require At Least One Plaintiff with $75K+ Claim

Posted on July 21, 2010
Per Cappuccitti v. DirecTV, Inc., --- F.3d ----, 2010 WL 2803093 (11th Cir. July 19, 2010)We hold that in a CAFA action originally filed in federal court, at least one of the plaintiffs must allege an amount in controversy that satisfies the current congressional requirement for diversity jurisdiction provided in 28 U...

Prolix Brief Rejected by 3d Circuit

Posted on July 21, 2010
Although in a criminal, not civil appeal, I thought this was interesting. The Third Circuit instructed prosecutors to cut their brief because it was much too long, 53,000 words rather than the ordinarily allowed 14,000: http://www.abajournal.com/news/article/3rd_circuit_orders_prosecutors_to_cut_brief_by_20_percent_after_moby_dick_o/

To access this complete feed in the blog feed reader login or register for free.

Prof. Bone Publishes Twombly/Iqbal Article

Posted on July 15, 2010
The Notre Dame Law Review has just published Professor Robert Bone's latest article on Twombly/Iqbal entitled Plausibility Pleading Revisited and Revised: A Comment on Ashcroft v. Iqbal. The piece may be downloaded at the Notre Dame Law Review website: http://www...

Prof. Fitzpatrick Posts Article on Class Action Settlements on SSRN

Posted on July 14, 2010
Professor Brian Fitzpatrick (Vanderbilt) has recently posted an article entitled An Empirical Study of Class Action Settlements and Their Fee Awards on SSRN. Here is the Abstract:This article is a comprehensive empirical study of class action settlements in federal court...

Prof. Tidmarsh Posts Essay on Resolving Cases "On the Merits"

Posted on July 13, 2010
Professor Jay Tidmarsh has recently posted an essay entitled "Resolving Cases 'On the Merits'" on SSRN. Here is the abstract:Prepared for a Symposium on Civil Justice Reform, this essay examines the role of the ?on the merits? principle in modern American procedure...

E.D.Va. Holds that Removed Diversity Case with Lowered Ad Danum Cannot Be Remanded

Posted on June 24, 2010
Senior U.S. District Judge Henry Coke Morgan recently issued an opinion in Hatcher v. Lowe's Home Centers, Inc., in which he held that a post-removal amendment of the amount in controversy to less than $75,000 does not divest the district court of jurisdiction such that a remand is required...

FJC Researchers Post Report on Attorney Views of Litigation Costs

Posted on June 21, 2010
Thomas Willging and Emery Lee (Federal Judicial Center) recently posted a report entitled In Their Words: Attorney Views About Costs and Procedures in Federal Civil Litigation on SSRN. It may be downloaded by visiting http://ssrn.com/abstract=1606866.

SCOTUS Decides that EAJA Awards Are Payable to Litigants

Posted on June 16, 2010
The Supreme Court recently decided Astrue v. Ratliff, a case concerning fees awarded under the Equal Access to Justice Act. Here is an excerpt from the Syllabus:Respondent Ratliff was Ruby Kills Ree?s attorney in Ree?s successful suit against the United States Social Security Administration for Social Security benefits...

Profs. Woolhandler and Collins Post Article on Holmes and Federal Question Jurisdiction

Posted on June 11, 2010
Professors Ann Woolhandler and Michael Collins (both of UVA) have recently posted their forthcoming Article entitled Federal Question Jurisdiction and Justice Holmes on SSRN. Here is the Abstract:Smith v. Kansas City Title (1921), and other cases in which a federal ingredient is part of the plaintiff?s well-pleaded state law complaint, are treated as second class citizens for original federal question jurisdiction under � 1331...

SCOTUS Decides FRCP 15(c) Relation Back Case: Krupski v. Costa Crociere

Posted on June 07, 2010
The Supreme Court has issued its opinion in Krupski v. Costa Crociere, No. 09-337, a case that refines our understanding of the meaning of the term "mistake" in FRCP Rule 15(c), the rule governing the relation back of amendments. The lower courts had held that the plaintiff had not made a mistake regarding the identity of the proper party to be sued because she knew or should have known the identity of the proper party and delayed amending her complaint for months...

SCOTUS Holds FSIA Does Not Immunize Foreign Government Officials

Posted on June 03, 2010
The Supreme Court recently decided Samantar v. Yousuf, No. 08-1555, in which it held that the Foreign Sovereign Immunities Act does not apply to the immunity claims of foreign officials. Here is an excerpt from the Syllabus of the case:Respondents, who were persecuted by the Somali government during the 1980?s, filed a damages action alleging that petitioner, who then held high level government positions, exercised command and control over the military forces committing the abuses; that he knew or should have known of these acts; and that he aided and abetted in their commission...

Eleventh Circuit Dismisses RICO Class Action under Twombly/Iqbal

Posted on May 18, 2010
From the National Law Journal:High Court Rulings on Pleading Standards Trip Up Dentists' Class ActionLeigh Jones05-18-2010A federal appeals court has scotched a multibillion-dollar RICO class action launched by the American Dental Association and its members against major insurance companies for their alleged failure to pay providers...

Second Circuit States that Pleading Allegations on "Information and Belief" Acceptable under Twombly

Posted on May 12, 2010
Per Arista Records, LLC v. Doe 3, --- F.3d ----, 2010 WL 1729107 (2d Cir. April 29, 2010):The Twombly plausibility standard, which applies to all civil actions, see Iqbal, 129 S.Ct. at 1953, does not prevent a plaintiff from ?pleading facts alleged ?upon information and belief? where the facts are peculiarly within the possession and control of the defendant, see, e...

Junior Faculty Federal Courts Workshop

Posted on May 07, 2010
THE THIRD ANNUALJUNIOR FACULTY FEDERAL COURTS WORKSHOPOctober 7-8, 2010The University of Illinois College of Law is pleased to announce that the Third Annual Junior Faculty Federal Courts Workshop will take place at the Club Quarters, Central Loop, 111 W...

Prof. Glashausser Posts Article on Article III Exceptions Clause

Posted on May 05, 2010
Professor Alex Glashausser (Washburn) has recently posted an article entitled A Return to Form for the Exceptions Clause on SSRN. Here is the abstract:This article challenges the prevailing doctrinal, political, and academic view that the Exceptions Clause ? which provides that ?the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make? ? gives Congress a license to strip the Supreme Court of jurisdiction...

Supreme Court Bars Class-Action Arbitration Absent Contract Agreement

Posted on April 30, 2010
Per the ABA Journal:The U.S. Supreme Court has barred class arbitration of a price-fixing claim in an opinion that scolded an arbitration panel for proceeding as if it had common-law authority.The Supreme Court ruled in a 5-3 opinion that class arbitration may not be imposed on parties who did not agree to it in their arbitration contracts, SCOTUSblog reports...

SCOTUS Approves FRCP Amendments

Posted on April 29, 2010
Yesterday, the Supreme Court approved the most recent federal civil rules amendments. You can view the transmittal letter by visiting http://www.supremecourt.gov/orders/courtorders/frcv10.pdf. Thanks to Prof. Brad Shannon (Florida Coastal) for this tip.

Davis & Cramer Post Article on Antitrust Class Certification on SSRN

Posted on April 28, 2010
Professor Joshua Davis (San Francisco) and Eric Cramer (Berger & Montague) have recently posted an article entitled Antitrust, Class Certification, and the Politics of Procedure on SSRN. Here is the abstract:This Article develops two arguments against a possible trend in federal appellate courts toward imposing a new, heightened standard for class certification in antitrust cases...

SCOTUS Permits Vioxx Suit to Go Forward

Posted on April 27, 2010
Per Jurist.com:The US Supreme Court on Tuesday allowed a suit to proceed against drug maker Merck & Co. over the safety record of its painkiller Vioxx. The court ruled unanimously in Merck & Co. v. Reynolds that the statute of limitations in a securities fraud lawsuit begins to run once the plaintiff actually discovered or a reasonably diligent plaintiff would have discovered the violation - whichever comes first...

Prof. Seiner Posts Article on Disparate Impact

Posted on April 26, 2010
Professor Joesph Seiner, along with co-author Benjamin Gutman, recently posted an article entitled The New Disparate Impact on SSRN. Here is the abstract:Federal law has long prohibited not just intentional discrimination by employers, but also practices that have an unintentional disparate impact on minorities...

Ninth Circuit Issues Opinion in Dukes v. Wal-Mart

Posted on April 26, 2010
Thanks to Professor Laura Hines (Kansas) for the following case update:The Ninth Circuit issued its opinion in the Dukes v. Wal-Mart class action this afternoon. The 6-5 majority affirmed the district court?s Rule 23(b)(2) class certification of current employees seeking injunctive and declaratory relief, as well as back pay...

SCOTUS Issues Attorney's Fee Ruling

Posted on April 22, 2010
The Supreme Court recently decided Perdue v. Kenny, a case in which they held that a reasonable attorney's fee in civil rights actions must be based on the lodestar and may only be enhanced in extraordinary circumstances, leading them to reject the performance bonus granted to counsel in the case below...

Seventh Circuit Blocks Class Action from Returning to Kansas Court

Posted on April 08, 2010
The ABA Journal's Litigation News is reporting on a Seventh Circuit case involving an interpretation of the home-state exception to the Class Action Fairness Act:In a decision further shaping the landscape for class action jurisdictional issues, the U...

Prof. Nagareda Posts Essay on Pre-Trial as Trial on SSRN

Posted on April 05, 2010
Professor Richard Nagareda (Vanderbilt) recently posted an Essay, for the DePaul Clifford Symposium, entitled 1938 All Over Again? Pre-Trial as Trial in Complex Litigation. Here is the Abstract:This Essay for the Sixteenth Annual Clifford Symposium analyzes the transformation of the pre-trial process for complex civil litigation...

SCOTUS Issues Decision in Shady Grove

Posted on March 31, 2010
The Supreme Court has issued its decision in Shady Grove Orthopedic Associates v. Allstate Insurance, a case making a fresh contribution to the Erie/Hanna line of cases. Here is an excerpt from the Syllabus: After respondent Allstate refused to remit the interest due under New York law on petitioner Shady Grove?s insurance claim, Shady Grove filed this class action in diversity to recover interest Allstate owed it and others...

Federal Judge Tosses $100 Million Punitive Damages Award Against BP

Posted on March 19, 2010
Horvitz & Levy LLP report on their blog about the federal district court judge who threw out a $100 million punitive damages award, not for excessiveness, but because he felt the plaintiffs had not presented clear and convincing evidence that the defendant, BP, acted with intent to harm or engaged in gross negligence...

Prof. Hartnett Posts Essay on Twombly & Iqbal

Posted on March 09, 2010
Professor Edward Hartnett (Seton Hall) recently posted an essay entitled Responding to Twombly and Iqbal: Where Do We Go from Here? on SSRN. Here is the Abstract:As reflected in the title of their article, Inventing Tests, Destabilizing Systems, Professors Clermont and Yeazell contend that the Supreme Court in Twombly and Iqbal invented a ?new and foggy test? for judging the sufficiency of a complaint and ?have destabilized the entire system of litigation...

Judge Scheindlin Sets New Standards for E-Discovery Shortfalls

Posted on March 05, 2010
Per the ABA's Litigation News, March 3, 2010:In an 85-page opinion in Pension Committee of the Univ. of Montreal Pension Plan v. Banc of America Securities, LLC, Judge Shira Scheindlin sanctioned 13 plaintiffs for negligence or gross negligence in their identification, preservation, and collection of electronically stored information...

Previous | Next

Related Law Bulletins

California's Proposed Student Civil Rights Act Gives Broad Definition to "Religion"
On Tuesday, the California Senate Judiciary Committee approved by ...

Civil Rights Leader Settles Discrimination Lawsuit
Atlanta, GA: Rep. John Lewis has spent a large part of his life fi...

It’s not that easy to rewrite history: Denial of a Variance in the Watershed will fall under traditional Federal Takings Analysis
Topics: Takings; Watershed; Variance With some creative arguments ...

CIVIL COURT CASES CAN REMAIN IN LIMBO
For some, "limbo" describes a transitional place be...

Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07)
The following is the latest update from AILF regarding its pening ...