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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

Conference Announcement: Junior Faculty Federal Courts Workshop

Posted on May 05, 2010
? The University of Illinois College of Law is pleased to announce that the http://www.law.uiuc.edu/faculty-admin/federal-court-workshop.asphttp://www.law.uiuc.edu/faculty-admin/federal-court-workshop.asp Third Annual Junior Faculty Federal Courts Workshop will take place at the Club Quarters, Centrol Loop, 111 W...

Gelinas on Judicial Independence in Canada

Posted on May 05, 2010
Professor Fabien Gelinas (McGill University) has posted "Judicial Independence in Canada: A Critical Overview" on SSRN. It will be published in "Judicial Independence in Transition -- Strengthening the Rule of Law in the OSCE Region," Anja Seibert-Fohr, ed...

Borgen & Chan on Iqbal and Wage/Hour Actions

Posted on May 04, 2010
Today's U.S. Law Week features an article by David Borgen and Lin Chan entitled Clash of the Titans: Iqbal and Wage and Hour Class/Collective Actions (78 U.S.L.W. 2643). It begins: "The U.S. Supreme Court's new pleading standards have set the...

AALS Section on Litigation Issues Call for Papers

Posted on May 03, 2010
The AALS Section on Litigation has issued a call for papers for the 2011 AALS Annual Meeting on "Current Issues in Judicial Disqualification." The deadline for submitting a draft paper is September 1, 2010. The call for papers states: In...

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NY Times Profiles Judge Hellerstein and the 9/11 Litigation

Posted on May 03, 2010
The New York Times has a piece today profiling Judge Hellerstein. It discusses his background, impressions of his motivations for how he has shaped the 9/11 litigation, and opinions as to the propriety of rejecting the MDL settlement on fairness...

Bauer and Braun on the Role of Class Actions in Long-Term Performance of Distressed Firms

Posted on May 02, 2010
Rob Bauer and Robin Braun (Maastricht University) have posted Long-Term Performance of Distressed Firms: The Role of Class Action Lawsuits to SSRN. Abstract: Does shareholder litigation pay off for investors over long horizons and how much does the type of...

Class Action Filed Over Gulf of Mexico Oil Spill

Posted on May 01, 2010
The National Law Journal reports here that a class action suit has been filed on behalf of Louisiana fishers, shrimpers, and commercial boaters who claim that their livelihood has been harmed by the oil spill in the Gulf of Mexico....

SCOTUS Approves Amendments to Federal Rules of Civil Procedure

Posted on April 30, 2010
This week the Supreme Court approved amendments to Federal Rules of Civil Procedure 8, 26, and 56, and Illustrative Form 52 and transmitted them to Congress. The amendments were approved by the Judicial Conference of the United States last fall...

Collins on Public Funding of Litigation in England

Posted on April 29, 2010
Professor David Collins (The City Law School of City University London) has posted "Public Funding of Multi-Party Litigation" on SSRN. It will be published in the Manitoba Law Journal. The abstract states: This paper examines some high profile publicly funded...

Decision of Interest: Deadline to Appeal When a Post-Judgment Motion is Withdrawn

Posted on April 29, 2010
Howard Bashman at How Appealing reports this week on the Tenth Circuit's decision in Vanderwerf v. SmithKline Beecham Corp. (No. 08-3218), a case involving the defendant?s drug Paxil. After the district court granted summary judgment for the defendant, the plaintiffs...

Legal Fees in Spain

Posted on April 28, 2010
Anna Gines i Fabrellas and Ignacio Marin Garcia have posted Who Pays the Legal Fees in the Spanish Justice System? A Comparative Analysis of Civil and Labour Jurisdictions to SSRN. Abstract: This paper compares the legal fees rules in the...

Davis and Cramer on Class Certification in Antitrust Cases

Posted on April 28, 2010
Professor Joshua P. Davis (University of San Francisco School of Law) and Eric L. Cramer (Berger & Montague) have posted "Antitrust, Class Certification, and the Politics of Procedure" on SSRN. It will be published in the George Mason Law Review....

SCOTUS Decision in Stolt-Nielsen v. AnimalFeeds: Arbitration and Class Actions

Posted on April 27, 2010
Today the Supreme Court decided Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 08-1198, which addresses "whether imposing class arbitration on parties whose arbitration clauses are 'silent' on that issue is consistent with the Federal Arbitration Act (FAA)...

Copeland on Mediating Judicial Interaction in a Federal Regime

Posted on April 26, 2010
Charleton C. Copeland (University of Miami School of Law) has posted Federalism's Duty: Mediating Judicial Interaction in a Federal Regime to SSRN. Abstract: This article argues that this "middle path" represents a particular model of federalism enforcement-relational federalism enforcement...

Glashausser on the Exceptions Clause

Posted on April 26, 2010
Associate Dean Alex Glashausser (Washburn University School of Law) posted "A Return to Form for the Exceptions Clause" on SSRN. It will be published in the Boston College Law Review. The abstract states: This article challenges the prevailing doctrinal, political,...

SCOTUS Cert. Grant on Post-Trial Appeals of Summary Judgment Denials (Ortiz v. Jordan)

Posted on April 26, 2010
The Supreme Court granted certiorari today in Ortiz v. Jordan (No. 09-737), which presents the following question: "May a party appeal an order denying summary judgment after a full trial on the merits if the party chose not to appeal...

Hot Off The Presses: Recent Articles of Interest

Posted on April 26, 2010
With hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Hannah L. Buxbaum, Earl A. Snyder Lecture in International Law, National Jurisdiction and Global Business Networks, 17 Ind. J. Global...

9th Circuit greenlights Class Action Trial Against Wal-Mart

Posted on April 26, 2010
The L.A. Times reports here. RJE

Iqbal and the SEC's Case Against Goldman Sachs

Posted on April 23, 2010
As covered earlier here, an SEC civil action against defendants who were allegedly involved in the Bernie Madoff ponzi scheme was recently dismissed for failing to satisfy federal pleading standards. (See SEC v. Cohmad Securities Corp., No. 09-CV-5680, 2010 WL...

Robertson on Transnational Litigation and Institutional Choice

Posted on April 22, 2010
Professor Cassandra Burke Robertson (Case Western Reserve University School of Law) has posted "Transnational Litigation and Institutional Choice" on SSRN. It will be published in the Boston College Law Review. The abstract states: When U.S. corporations cause harm abroad, should...

SCOTUS Oral Argument in Krupski v. Costa Crociere

Posted on April 22, 2010
We covered earlier the cert. grant in Krupski v. Costa Crociere, S.p.A., No. 09-337, a case involving the relation-back provision of FRCP 15(c)(1). The transcript from yesterday's much-anticipated oral argument is available here. A central issue in the case is...

Toyota Litigation: Initial Counsel Assignments Made and Conference Set

Posted on April 22, 2010
The BNA reports that Judge Selna of the C.D. California has set an initial conference for May 13 for the cases currently consolidated as In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation. The court...

Pettigrew and Stras on Fourth Circuit Caseload

Posted on April 21, 2010
Shaun Pettigrew and David Stras (University of Minnesota Law School) have posted The Rising Caseload in the Fourth Circuit: A Statistical and Institutional Analysis to SSRN. Abstract: This symposium essay explores the transformation of the federal appellate courts through the...

Borchers on Punitive Damages, Forum Shopping, and Conflict of Laws

Posted on April 21, 2010
Professor Patrick Joseph Borchers (Creighton University School of Law) has posted "Punitive Damages, Forum Shopping, and Conflict of Laws" on SSRN. It will be published in the Louisiana Law Review. The abstract states: Few issues have as profound an impact...

Hot Off The Presses: Recent Articles Of Interest

Posted on April 20, 2010
With hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Kristen M. Blankley, Emily E. Root & John Minter, Multijurisdictional ADR Practice: Lessons from Litigators, 11 Cardozo J. Conflict Resol.....

Update on Qualcomm v. Broadcom E-Discovery Sanctions

Posted on April 19, 2010
Two years ago, many litigators took note after attorneys for Qualcomm Inc. were sanctioned for what the judge called a ?monumental? discovery violation. (See earlier coverage on Electronic Discovery Law blog and Findlaw.) This month, that same judge ordered that...

Stras and Spriggs Examine Plurality Decisions

Posted on April 19, 2010
Professor David R. Stras (University of Minnesota Law School) and Professor James F. Spriggs II (Washington University, St. Louis, Department of Political Science) posted "Examining Plurality Decisions" on SSRN. It will be published in the Georgetown Law Journal...

Not Done Yet: More Words From The Supreme Court On Shady Grove

Posted on April 19, 2010
Today the Supreme Court issued a "GVR" order (grant/vacate/remand) in Holster v. Gatco, Inc. (No. 08-1307), a case out of the Second Circuit. The Court remanded for further reconsideration in light of last month's decision in Shady Grove v. Allstate....

Grove on the Structural Safeguards of Federal Jurisdiction

Posted on April 18, 2010
Tara Leigh Grove (Florida State University -- College of Law) has posted The Structural Safeguards of Federal Jurisdiction to SSRN. Abstract: Scholars have long debated Congress?s power to curb federal jurisdiction and have consistently assumed that the constitutional limits on...

Symposium on Civil Procedure Reform

Posted on April 16, 2010
The Denver University Law Review has just published a symposium issue on civil procedure reform, with contributions from judges, academics, and practitioners. Links are below: Judges? View To Revise or not to Revise: That Is the Question Mark R. Kravitz...

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