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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

"To Stay or Not to Stay" the Gulf of Mexico Oil Spill Cases

Posted on May 27, 2010
Two federal courts have responded to BP's motions to stay law suits regarding the oil spill in the Gulf of Mexico pending a determination of a multidistrict litigation panel on whether to combine the 130+ cases. One granted the stay...

Faculty Hiring Announcement: University of New Mexico

Posted on May 27, 2010
We blogged earlier about a civil procedure opening at the University of New Mexico School of Law. Courtesy of SSRN's Legal Scholarship Network, here's a more detailed announcement: The University of New Mexico School of Law invites applications for a...

Decision of Interest: Of Summary Judgment and Ferrets

Posted on May 26, 2010
The First Circuit's decision in Puerto Rico American Insurance Co. v. Rivera-Vázquez, No. 08-2012, 2010 WL 1781929, 2010 U.S. App. LEXIS 9224 (May 5, 2010), deals with a local "anti-ferret" rule, so named because it is "aimed at enabling a...

Michael Bohlander on Recruitment of ICC Judges

Posted on May 26, 2010
Professor Michael Bohlander (Durham Law School) has posted "Pride & Prejudice or Sense and Sensibility? A Pragmatic Proposal for the Recruitment of Judges at the ICC and Other International Criminal Courts" on SSRN. It is published in the New Criminal...

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SCOTUS Grants Cert in Arbitration Case

Posted on May 25, 2010
From the jurist.org report: The court granted certiorari to another federal preemption case on Monday in AT&T Mobility v. Concepcion [docket; cert. petition, PDF]. The court will decide whether the Federal Arbitration Act (FAA) [text], which provides for judicial facilitation...

Congressional Hearing on the Removal Clarification Act of 2010 (H.R. 5281)

Posted on May 25, 2010
The House Judiciary Committee's Subcommittee on Courts and Competition Policy is holding a hearing this afternoon (5/25/2010, 2:00 p.m.) on H.R. 5281, the "Removal Clarification Act of 2010." The bill would amend the federal officer removal statute (28 U...

Vladeck on Terrorism Trials and Federal Courts

Posted on May 24, 2010
Professor Stephen I. Vladeck (American University Washington College of Law) has posted "Terrorism Trials and the Article III Courts after Abu Ali" on SSRN. It will be published in the Texas Law Review. The abstract states: To say that it...

Sebok on Inauthentic Claims

Posted on May 24, 2010
Anthony Sebok (Cardozo School of Law) has posted The Inauthentic Claim to SSRN. Abstract: This Article argues that third parties should be able to invest in lawsuits to a much greater degree than is currently permitted in most jurisdictions in...

Faculty Hiring Announcement

Posted on May 24, 2010
The University of New Mexico School of Law is looking to hire a number of new faculty, including a position in the civil procedure area. Applicants should attach their cover letter and CV to their online application via the UNMJobs...

AALS Mid-Year Meeting: Civil Procedure Workshop

Posted on May 21, 2010
If you're interested in attending the Association of American Law Schools' Workshop on Civil Procedure (New York City, June 10-12), today is the deadline for discounted "Early Bird" registration. More details and the program schedule are available here...

Iqbal, Twombly, and the NFL

Posted on May 20, 2010
Iqbal-Twombly anniversary week continues with this decision from the Third Circuit. Mayer v. Belichick affirms the district court's dismissal of a claim by a Jets season ticket holder (New York, not Winnipeg) arising out of the Spygate videotaping scandal...

Ashcroft v. Iqbal Turns One

Posted on May 18, 2010
The Supreme Court?s controversial pleading decision Ashcroft v. Iqbal celebrates(?) its first anniversary today. Coincidentally, today is also the day that my article, The Pleading Problem, 62 Stanford L. Rev. 1293 (2010), is officially in print. Here?s the abstract: Federal...

11 Circuit Drills Twiqbal Through Dentists' Class Action

Posted on May 18, 2010
The 11th Circuit has nixed a RICO class action brought by dentists against the insurers who reimburse them for services on the grounds that the complaint does not meet the Twiqbal plausibility requirements. Aside from being an interesting decision, I...

Silver on Aggregate Litigation, Ethics and Innovation

Posted on May 18, 2010
Charles Silver (Texas) has posted on SSRN his forthcoming essay, Ethics and Innovation, which will appear in the George Washington Law Review. Here's the abstract: Using the familiar insight that principals and agents can jointly gain by reducing agency costs,...

Shapiro on the Role of Supreme Court Law Clerks

Posted on May 17, 2010
Carolyn Shapiro (Chicago Kent) has posted The Law Clerk Proxy Wars: Secrecy, Accountability, and Ideology in the Supreme Court to SSRN. Abstract: This piece provides an in-depth review and analysis of two recent books about Supreme Court law clerks, Courtiers...

Samahon on Impeachment as Judicial Selection

Posted on May 17, 2010
Tuan Samahon (Villanova) has posted Impeachment as Judicial Selection? to SSRN. Abstract: Ideological judicial selection encompasses more than the affirmative nominating, confirming, and appointing of judges who pre-commit to particular legal interpretations and constructions of constitutional text...

Hendershot and Tecklenburg on Controlling for District Court Judges' Preferences

Posted on May 16, 2010
Marcus Hendershot and Christian Tecklenburg (University of Florida) have posted Controlling for District Court Judges' Preferences to SSRN. Abstract: This study invokes the common space scores of executives and senators to generate a number of alternative preference point positions for...

Stories of interest in the current U.S. Law Week

Posted on May 14, 2010
The current issue of U.S. Law Week includes the following stories: (1) Twombly, Iqbal Introduce More Subjectivity To Rulings on Dismissal Motions, Judge Says (78 U.S.L.W. 2667) reports on a discussion of Twombly and Iqbal that occurred at a recent...

Gender Hierarchies in Law Firms

Posted on May 14, 2010
Although this is not technically a civ pro or fed courts article, it really captured my interest as regards law practice: ?If You Become His Second Wife, You are a Fool?: Shifting Paradigms of the Roles, Perceptions, and Working Conditions...

Junior Faculty Federal Courts Workshop Announcement and Call for Papers

Posted on May 13, 2010
The University of Illinois has posted an announcement and call for papers for the Third Annual Junior Faculty Federal Courts Workshop here. Here is an excerpt from the announcement: The University of Illinois College of Law is pleased to announce...

Decision of Interest on Twombly/Iqbal and Pleading Standards

Posted on May 13, 2010
The Second Circuit's recent decision in Arista Records LLC v. Doe 3, No. 09-0905, 2010 WL 1729107, 2010 U.S. App. LEXIS 8879 (2d Cir. Apr. 29, 2010), may prove to be a very significant one as federal courts continue to...

Elena Kagan's Civil Procedure Paper Trail

Posted on May 12, 2010
Readers interested in Supreme Court nominee Elena Kagan's views on civil procedure might want to take a look at her student note: Certifying Classes and Subclasses in Title VII Suits, 99 Harv. L. Rev. 619 (1986). (See SCOTUSblog for a...

Steinitz on Third Party Litigation Funding

Posted on May 12, 2010
Maya Steinitz (Columbia University) has posted Whose Claim is this Anyway? Third Party Litigation Funding to SSRN. Abstract: Third party litigation funding, or litigation finance, is a new industry composed of institutional investors who invest in litigation by providing finance...

Jordan on Local Rules and Trans-Territorial Procedure

Posted on May 11, 2010
Samuel Jordan (St. Louis University) has posted Local Rules and the Limits of Trans-Territorial Procedure to SSRN. Abstract: Local rules have been unfairly cast as procedural villains. Their qualifications for the role are purportedly numerous, but chief among them is...

Eichhorn on Metaphor in Iqbal

Posted on May 10, 2010
Professor Lisa A. Eichhorn (University of South Carolina School of Law) has posted "A Sense of Disentitlement: Frame-Shifting and Metaphor in Ashcroft v. Iqbal" on SSRN. It will be published in the Florida Law Review. The abstract states: Despite their...

Hot Off The Presses: Recent Articles of Interest

Posted on May 10, 2010
With hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Walter W. Heiser, Due Process Limitations on Pre-Answer Security Requirements for Nonresident Unlicensed Insurers, 88 Neb. L. Rev. 494 (2010)...

Sherry on Foundational Facts

Posted on May 08, 2010
Professor Suzanna Sherry (Vanderbilt University Law School) has posted "Foundational Facts and Doctrinal Change" on SSRN. It will be published in the University of Illinois Law Review. The abstract states: Doctrine is at the center of law and legal analysis...

Next Week's Conference on Civil Litigation at Duke University

Posted on May 07, 2010
The National Law Journal has this report on the conference, which is sponsored by the U.S. Judicial Conference's Advisory Committee on Civil Rules. Here is the Purpose Statement from the conference website: At the request of the Standing Committee on...

Law on Rigging the Federal Courts

Posted on May 06, 2010
Professor David S. Law (Washington University St. Louis Department of Political Science) has posted "How to Rig the Federal Courts" on SSRN. It will be published in the Georgetown Law Journal. The abstract states: Courts, like other policy-making institutions, can...

Bone on Dworkin and Procedural Rights

Posted on May 06, 2010
Professor Robert Bone (Texas) has posted on SSRN his essay Procedure, Participation, Rights, 90 B.U. L. Rev. (forthcoming 2010). Here's the abstract: This essay is a contribution to a symposium on Professor Ronald Dworkin?s forthcoming book, JUSTICE FOR HEDGEHOGS...

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