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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

Interview with MDL Panel Chair Published in Third Branch Newsletter

Posted on March 03, 2010
The Third Branch, the newsletter of the U.S. Courts, recently published an interview with Judge John G. Heyburn (W.D. Ky.) to discuss the role of the Judicial Panel on Multidistrict Litigation. You can read the interview by clicking here.

Malveaux Publishes Article on Pre-Dismissal Discovery and Iqbal

Posted on February 25, 2010
Professor Suzette Malveaux (Catholic University) has just published an Article entitled Front Loading and Heavy Lifting: How Pre-Dismissal Discovery Can Address the Detrimental Effect of Iqbal on Civil Rights Cases as part of the Lewis & Clark Law Review's Iqbal Symposium...

The Supreme Court has issued its

Posted on February 24, 2010
The Supreme Court has issued its opinion in Hertz Corp. v. Friend, No. 08-1107, in which it held that a corporation's principal place of business for purposes of the diversity jurisdiction statute is its "nerve center". Here is the Syllabus: Respondents, California citizens, sued petitioner Hertz Corporation in a California state court for claimed state-law violations...

M.D. Alabama Notes Split Re Ancillary Jurisdiction to Determine Matters of Expungement

Posted on February 23, 2010
Per Hall v. Alabama Slip Copy, 2010 WL 582076 (M.D. Ala. Feb. 18, 2010):[I]n 1994 the Supreme Court issued its opinion in Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994) and explained the limited reach of ancillary jurisdiction...

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D. Puerto Rico Judge Denies E-Mail Discovery Request Based on Its Expense

Posted on February 22, 2010
Per BNA's Digital Discovery & e-Evidence, Feb. 22, 2010:"The U.S. District Court for the District of Puerto Rico denied a discovery request for e-mail production Jan. 20, holding that the $35,000 costs of production, not including privilege and confidentiality reviews, far exceeded the potential of producing relevant information (Rodriguez-Torres v...

Second Circuit Reaffirms Tough View of Matsushita Standard

Posted on February 21, 2010
Per U.S. Information Systems, Inc. v. International Broth. of Elec. Workers Local Union Number 3 Slip Copy, 2010 WL 571769 (2d Cir. Feb. 19, 2010):Here, the district court articulated the correct summary judgment standard when it said that ? ?[t]o survive a motion for summary judgment ...

Association of Corporate Counsel Article on Ethics and E-Discovery

Posted on January 25, 2010
The ACC Docket, the publication of the Association of Corporate Counsel, has recently published an article entitled "Ethics and Ediscovery Review." Here is the introductory paragraph from the piece:A recent study published by the Ediscovery Institute based on a survey of leading ediscovery providers (Deduping Survey) shows that, despite the technical ability to suppress or consolidate duplicates within an electronic document population, chances are about 50:50 that your outside counsel fails to take advantage of this technology, opting instead to doublebill for reviewing unnecessary duplicates for privilege, confidentiality and relevance...

Second Circuit Issues Rule 11 Ruling; Discusses Authority of Magistrate Judges to Impose Sanctions

Posted on January 13, 2010
Per Kiobel v. Millson, --- F.3d ----, 2010 WL 46785 (2d Cir. Jan. 8, 2010):Appeal from an order of the United States District Court for the Southern District of New York (Kimba M. Wood, Chief Judge ) sanctioning appellants pursuant to Rule 11 of the Federal Rules of Civil Procedure for making factual representations that lacked evidentiary support...

Prof. Spencer Posts Article on Iqbal on SSRN

Posted on January 12, 2010
Professor A. Benjamin Spencer (W&L) has just posted an Article entitled Iqbal and the Slide Toward Restrictive Procedure on SSRN. Here is the Abstract:Last term, in Ashcroft v. Iqbal, the Supreme Court affirmed its commitment to more stringent pleading standards in the ordinary federal civil case...

Federal Rule Amendments Take Effect

Posted on November 30, 2009
Amendments to the time computation provisions of the Federal Rules of Criminal, Civil, Appellate, and Bankruptcy Procedure have been approved by the Supreme Court and become effective on December 1, 2009. Most significantly, most time periods that are currently listed at 10 days, or in some cases 7 days, have been replaced with a time period of 14 calendar days, which includes weekends and holidays...

SCOTUS Wiki on Hertz Corp. v. Friend

Posted on November 05, 2009
Next week, SCOTUS is hearing oral arguments in Hertz Corporation v. Friend, a case that asks the Court to decide the meaning of "principal place of business" in 28 U.S.C. s. 1332, the diversity statute. The SCOTUS Wiki has a good summary of the case and links to related briefs here.

SCOTUS Blog Summarizes Shady Grove Oral Argument

Posted on November 04, 2009
SCOTUS Blog has this very helpful summary of the oral argument in the Erie/Hanna case, Shady Grove Orthopedic v. Allstate here.

Prof. Seinfeld Posts Article on Enumeration and Article III

Posted on November 03, 2009
Professor Gil Seinfeld (Michigan) has posted an Article entitled Article I, Article III, and the Limits of Enumeration on SSRN. Here is the Abstract:Article I, � 8 and Article III, � 2 of the U.S. Constitution deploy parallel strategies for constraining the power of the federal government...

S.D.N.Y. Discusses Different Views Re Whether a Denial of Leave to Amend a Pleading is Dispositive or Nondispositive for Rule 72 Purposes

Posted on November 02, 2009
Per Sokol Holdings, Inc. v. BMB Munai, Inc., Slip Copy, 2009 WL 3467756 (S.D.N.Y. Oct. 28, 2009):The Court of Appeals for the Second Circuit has not clearly stated whether a denial of leave to amend a pleading is dispositive or nondispositive for Rule 72 purposes...

National Law Journal on Congressional Hearing to Discuss Iqbal

Posted on October 28, 2009
David Ingram, Supreme Court's 'Iqbal' Ruling to Get Congressional Hearing, The National Law Journal, Oct. 26, 2009http://www.law.com/jsp/article.jsp?id=1202434918720&Supreme_Courts_Iqbal_Ruling__to_Get_Congressional_Hearing&hbxlogin=1

Eleventh Circuit Denies Officers' Qualified Immunity Claims

Posted on October 27, 2009
The Eleventh Circuit has upheld a district court's denial of summary judgment based on qualified immunity in a case against two police officers alleged to have Tasered a man to death. The opinion is available at http://www.ca11.uscourts.gov/opinions/ops/200815081...

Prof. Hatamyar Posts Article on Twombly and Iqbal on SSRN

Posted on October 14, 2009
Professor Patricia W. Hatamyar (St. Thomas) recently posted an Article entitled The Tao of Pleading: Do Twombly and Iqbal Matter Empirically? on SSRN. Here is the Abstract:This article is an empirical study of the effect of Bell Atlantic Corp. vs. Twombly, 550 U...

SCOTUS Grants Cert. In Complete Preemption and Federal Officer Removal Case

Posted on October 13, 2009
The Supreme Court has granted cert. in Health Care Service Corporation v. Pollitt (No. 09-38). The decision below is at 558 F.3d 615 (7th Cir. 2009). The questions presented are:(1) Does the Federal Employee Health Benefits Act, 5 U.S.C. �� 8901-14, completely preempt--and therefore make removable to federal court--a state suit challenging enrollment and health benefits determinations that are subject to the exclusively federal remedial scheme established in FEHBA?(2) Does the federal officer removal statute, 28 U...

Call to Submit Conference Information to the AALS Civil Procedure Section

Posted on October 09, 2009
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 (or are otherwise aware of) a conference for calendar year 2010 and would like this newsletter to list the event, please send us the details?web links, calls for papers, etc...

Prof. Strong Posts Article on Jurisdictional Discovery

Posted on October 06, 2009
Professor S.I. Strong (Missouri) has recently posted an Article entitled Jurisdictional Discovery in United States Federal Courts on SSRN. Here is the Abstract:Jurisdictional discovery ties together three principles central to federal civil procedure: the right to broad discovery, the need for liberal notice pleading and the court?s inherent power to determine its own jurisdiction...

Prof. Bone Posts Essay on Iqbal on SSRN

Posted on September 28, 2009
Professor Bone recently posted an Essay entitled Plausibility Pleading Revisited and Revised: A Comment on Ashcroft v. Iqbal on SSRN. Here is the Abstract:This Essay critically examines the Supreme Court?s most recent decision on Rule 8(a)(2) pleading standards, Ashcroft v...

Prof. Hartnett Posts Article on Twombly

Posted on September 25, 2009
Professor Edward Hartnett has recently posted an Article entitled Taming Twombly on SSRN. Here is the Abstract:In Bell Atlantic v. Twombly, the Supreme Court held that an antitrust complaint alleging that major telecommunication providers engaged in parallel conduct unfavorable to competition could not survive a 12(b)(6) motion to dismiss, even though the complaint expressly alleged a conspiracy...

Law.com Iqbal Update

Posted on September 22, 2009
An article entitled Plaintiffs Groups Mount Effort to Undo Supreme Court's 'Iqbal' Ruling by Tony Mauro is available on Law.com. It provides an update on the fallout of the Ashcroft v. Iqbal pleading decision from earlier this year. Click here for the story.

Judicial Conference Approves Proposed Amendments

Posted on September 20, 2009
On September 15, 2009, the Judicial Conference met and approved the recommendations of the Committee on Rules of Practice and Procedure and approved the following proposed rules and forms amendments and new rules: ?Appellate Rules 1, 4, and 29, and Form 4;? Bankruptcy Rules 1007, 1014, 1015, 1018, 1019, 4001, 4004, 5009, 7001, 9001 and new Rule 5012, and Exhibit D of Official Form 1 and Official Form 23; ? Civil Rules 8, 26, and 56, and Illustrative Form 52; ? Criminal Rules 12...

W.D. Va. Applies Twombly to Dismiss Complaint in Slip-and-Fall Case

Posted on September 16, 2009
Per Branham v. Dolgencorp., Inc., CIVIL NO. 6:09-CV-00037 (August 2009):The Defendant argues that the Plaintiff has failed to allege sufficient facts to allow the Court to draw the reasonable inference that the Defendant is liable in this case. For example, the Defendant argues that the Complaint lacks any allegation of how the Plaintiff slipped and fell, any allegation of the nature of the liquid on the floor of the store, any allegation that the liquid caused the Plaintiff?s fall, and any specific allegations regarding the injuries she suffered as a result of the fall...

Iqbal Symposium at Penn State

Posted on September 15, 2009
Nancy Welsh (nxw10@DSL.PSU.EDU) of Penn State, Dickinson School of Law has announced the following conference:On Friday, March 26, 2010, Penn State will hold a symposium addressingthe Supreme Court's recent decision in Ashcroft v. Iqbal. There will bethree panels:One panel will address Iqbal's implications for the role of thecourts and judges in providing American society with both theopportunity for redress of harms and a common law-based approach to thedevelopment of law...

Visit the Rennovated Civil Procedure & Federal Courts Blog

Posted on September 12, 2009
Persons interested in civil procedure should definitely check out the rennovated Civil Procedure & Federal Courts Blog over at the Law Professor Blogs Network for continuing coverage of civil procedure and federal courts issues.

Ninth Circuit Finds Complaint against Ashcroft to Be Sufficiently Pleaded under Iqbal

Posted on September 09, 2009
Per Al-Kidd v. Ashcroft, --- F.3d ----, 2009 WL 2836448 (9th Cir. Sept. 4, 2009):Here, unlike Iqbal's allegations, al-Kidd's complaint ?plausibly suggest[s]? unlawful conduct, and does more than contain bare allegations of an impermissible policy. Id...

Prof. Steinman Posts Article Entitled "The Pleading Problem"

Posted on August 31, 2009
Professor Adam Steinman recently posted an Article entitled The Pleading Problem on SSRN. Here is the Abstract:Federal pleading standards are in crisis. The Supreme Court's recent decisions in Bell Atlantic v. Twombly (2007) and Ashcroft v. Iqbal (2009) have the potential to upend civil litigation as we know it...

AALS Workshop on Civil Procedure

Posted on August 25, 2009
MemorandumTO: Civil Procedure Law ProfessorsFROM: Planning Committee on 2010 Workshop on Civil Procedure: Charting Your Course in a Shifting Field Frederic M. Bloom, Brooklyn Law School Laura Hines, University of Kansas Richard A...

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