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Civil Procedure Prof Blog Civil Procedure Prof Blog

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Last Entry: April 01, 2011 at 13:59:54

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Singer and Kulick on Class Certification in Antitrust Cases

Posted on April 15, 2010
Hal J. Singer and Robert B. Kulick have posted Class Certification in Antitrust Cases: An Economic Framework to SSRN. Abstract: A number of recent appellate court decisions pertaining to class certification in antitrust cases have spawned uncertainty and debate about...


Bai, Cox & Thomas on Securities Class Action Settlements

Posted on April 15, 2010
Professors Lynn Bai (Cincinnati), James Cox (Duke) and Randall Thomas (Vanderbilt) have posted on SSRN their forthcoming article, Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settlements on Targeted Firms, 158 U...


Acquaviva & Castiglione on Judicial Diversity

Posted on April 14, 2010
Gregory L. Acquaviva (Law Clerk, Unites States Court of Appeals for the Third Circuit) and John D. Castiglione (Latham & Watkins) have posted "Judicial Diversity on State Supreme Courts" on SSRN. It will be published in the Seton Hall Law...


Hot Off The Presses: Recent Articles Of Interest

Posted on April 13, 2010
With hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Bryan Adamson, Critical Error: Courts' Refusal to Recognize Intentional Race Discrimination Findings as Constitutional Facts, 28 Yale L. & Pol'y...


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JPML Announces Consolidation of Toyota Litigation

Posted on April 12, 2010
The JPML has ordered a consolidation of more than 200 lawsuits against Toyota before Judge James Selma in the Central District of California. This order combines the personal injury lawsuits with class actions alleging economic damages. The order is available...


Bassett on Preclusion in Class Actions

Posted on April 12, 2010
Professor Debra Lyn Bassett (Southwestern Law School) has posted "Just Go Away: Representation, Due Process, and Preclusion in Class Actions" on SSRN. It will be published in the Brigham Young University Law Review. The abstract states: A number of commentators...


Kapeliuk & Klement on Contracting Around Twombly

Posted on April 12, 2010
Daphna Kapeliuk and Alon Klement (Interdisciplinary Center Herzliyah - Radzyner School of Law) have posted on SSRN their forthcoming article Contracting Around Twombly, 60 DePaul L. Rev. (forthcoming Oct. 2010). Here's the abstract: The Supreme Court's recent decisions in Bell...


Nagareda on Pre-Trial as Trial in Complex Litigation

Posted on April 10, 2010
Professor Richard A. Nagareda (Vanderbilt University School of Law) has posted "1938 All Over Again? Pre-Trial as Trial in Complex Litigation" on SSRN. It will be published in the DePaul Law Review. The abstract states: This Essay for the Sixteenth...


Recent SCOTUS Petitions for Certiorari

Posted on April 09, 2010
SCOTUSblog reports this week on two recently filed cert. petitions that may be of interest: Wilson v. Johnson (09-1143) presents the question: whether the denial of the appointment of counsel in a civil case is an order that is immediately...


Legg, Travers, Park & Turner on Australian Litigation Funding

Posted on April 09, 2010
Now on SSRN is a recent article by Michael Legg (University of New South Wales), Louisa Travers, Edmond Park & Nicholas Turner entitled Litigation Funding in Australia. Here's the abstract: Litigation funding has been argued to be an important development...


Harnett on Where We Go From Twombly and Iqbal

Posted on April 08, 2010
Professor Edward A. Harnett (Seton Hall University School of Law) has posted "Responding To Twombly and Iqbal: Where Do We Go from Here?" on SSRN. It will be published in the Iowa Law Review Bulletin. The abstract states: As reflected...


Halberstam and Reimann on Federalism and Legal Unification

Posted on April 08, 2010
Daniel Halberstam and Mathias Reimann (University of Michigan Law School) Federalism and Legal Unification: A Comparative Empirical Investigation of 20 Systems. Abstract: How and to what degree do federations produce uniform law within their system? Our comparative empirical study addresses...


DRI Law Student Diversity Scholarship

Posted on April 08, 2010
DRI is currently accepting applications for its Law Student Diversity Scholarship: "DRI announces its annual Law Student Diversity Scholarship program open to incoming second and third-year African American, Hispanic, Asian, Pan Asian and Native American students...


La Belle on Patent Litigation and Personal Jurisdiction

Posted on April 07, 2010
Megan La Belle (Catholic University - Columbus School of Law) has posted Patent Litigation, Personal Jurisdiction, and the Public Good to SSRN. Abstract: There is consensus among scholars, policymakers, and industry leaders that our patent system currently faces a crisis...


New York Times article on the legality of unpaid internships

Posted on April 07, 2010
As summer approaches in a tight job market and our students are becoming increasingly eager to find ways to gain experience and enhance their resumes, this New York Times article, "The Unpaid Intern, Legal or Not," might be of interest....


Hot Off The Presses: Recent Articles of Interest

Posted on April 06, 2010
With hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Judy A. Clausen, Personal Jurisdiction Based on Internet Activities: Oldfield v. Pueblo De Bahia Lora, S.A.--the Eleventh Circuit Finally Discusses...


Donohue on the State Secrets Doctrine

Posted on April 05, 2010
Laura Donohue (Georgetown University Law Center) has posted The Shadow of State Secrets Doctrine to SSRN. Abstract: The shadow of state secrets casts itself longer than previously acknowledged. Between 2001 and 2009 the government asserted state secrets in more than...


Dodson on Federal Pleading and State Discovery

Posted on April 05, 2010
Professor Scott Dodson (William & Mary School of Law) has posted "Federal Pleading and State Presuit Discovery" on SSRN. It will be published in the Lewis & Clark Law Review. The abstract states: This Symposium Article explores the role that...


Seiner and Gutman on Ricci and the New Disparate Impact

Posted on April 05, 2010
Joseph Seiner (South Carolina) and Benjamin Gutman have posted on SSRN their forthcoming article, The New Disparate Impact, 90 B.U. L. Rev (forthcoming 2010). Here's the abstract: Federal law has long prohibited not just intentional discrimination by employers, but also...


Alienage Jurisdiction: What Would Ali G Say?

Posted on April 03, 2010
It seems we now have a chance to find out. The Palestinian activist Aiman Abu Aita has sued British actor and comedian Sascha Baron-Cohen (creator and actor of the Ali G, Bruno and other characters) for $110 million in damages...


Malveaux on Pre-Dismissal Discovery and Iqbal

Posted on April 03, 2010
Professor Suzette M. Malveaux (Catholic University School of Law) has posted "Front Loading and Heavy Lifting: How Pre-Dismissal Discovery Can Address the Detrimental Effect of Iqbal on Civil Right Cases" on SSRN. It will be published in Lewis & Clark...


Civil Procedure Professors, Insomniac Litigators & Supreme Court Junkies...

Posted on April 02, 2010
You're one of these people if you read this week's Shady Grove decision (covered earlier here) in full. So begins yesterday's post The Shady Grove Case: Is Scalia Getting Soft on Plaintiffs? on the WSJ Law Blog. More specifically, Ashby...


Interesting Article on How Law Office Rules Affect Women

Posted on April 01, 2010
The New Jersey Law Journal has an article about a recent advisory ruling by the NJ bar concerning compliance with New Jersey's bona fide office rule. The advisory opinion warns lawyers who rent space in cooperative office arrangements that they...


Today's SCOTUS Decision in Shady Grove v. Allstate

Posted on March 31, 2010
The Court issued its much anticipated decision today, which is available here. More details to come. See earlier coverage here, here, and here. --A


Recap of Today's Decision in Shady Grove v. Allstate

Posted on March 31, 2010
Here's a brief recap of today's SCOTUS decision in Shady Grove Orthopedic Assocs. v. Allstate Ins. Co., which considers whether New York's bar on class actions for certain statutory-damages claims (N.Y. C.P.L.R. 901(b)) precludes class certification in a federal court...


Decision of Interest on Joinder

Posted on March 30, 2010
BNA's U.S. Law Week reports today on the Fifth Circuit's recent decision in Acevedo v. Allsup's Convenience Stores, Inc., No. 09-10417, ___ F.3d ___, 2010 WL 908678, 2010 U.S. App. LEXIS 5382 (March 15, 2010). The plaintiffs were approximately 800...


Today: SCOTUS hears arguments in Morrison v. National Australia Bank

Posted on March 29, 2010
The Supreme Court will hold oral argument in Morrison v. National Australia Bank, a securities class action by foreign investors against a large Australian Bank with a Florida subsidiary. The Court will consider whether there is enough of a connection...


Fischer on Unintended Disclosure of Privileged Information

Posted on March 27, 2010
Professor James Fischer (Southwestern University School of Law) has posted "How Should Lawyers Handle the Unintended Disclosure of Possibly Privileged Information" on SSRN. The abstract states: The inadvertently sent email that contains opposing counsel?s settlement strategy, the opposing party?s client...


Robertson on Transnational Litigation and Institutional Choice

Posted on March 26, 2010
Cassandra Burke Robertson (Case Western) has posted on SSRN her article, Transnational Litigation and Institutional Choice, 51 Boston College Law Review (forthcoming 2010). Here's the abstract: When U.S. corporations cause harm abroad, should foreign plaintiffs be allowed to sue in...


Dollar Amount of Class Action Settlements Increased in 2009

Posted on March 25, 2010
Reuters reports that the amount of class action settlements rose in 2009. The article states: "The total dollar amount of settlements of U.S. class-action securities lawsuits rose 39 percent in 2009 and could rise further this year as cases stemming....


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