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Civil Procedure Prof Blog

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

SCOTUS Cert. Grant on Rule 15(c)(1)'s Relation Back Provision

Posted on January 15, 2010
The Supreme Court granted certiorari today in a case involving the relation-back provision of FRCP 15(c)(1). The case is Krupski v. Costa Crociere, S.p.A., No. 09-337. Links to the docket, filings, and the Eleventh Circuit's opinion are available at SCOTUSBlog...

SCOTUS: No cameras in the Prop 8 trial courtroom

Posted on January 14, 2010
The Supreme Court has blocked cameras in the San Francisco federal courtroom where the challenge to California's Proposition 8 is proceeding to trial. SCOTUSblog has full coverage. RJE

New rules of Civil Procedure for Ontario courts

Posted on January 13, 2010
While those of us in the U.S. have been wringing our hands over the procedural reforms that both the Rules drafters and the Supreme Court have handed us over the past few years, our neighbors to the north have been...

Brand on Forum Agreements in International Contracts

Posted on January 12, 2010
Professor Ronald Brand (University of Pittsburgh School of Law) has posted "Consent, Validity and Choice of Forum Agreements in International Contracts" on SSRN. The abstract states: The doctrine of separability in international contracts often leads to requests for a court...

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Recent Class Action Against Italian Banks

Posted on January 12, 2010
Italy's law allowing class actions recently celebrated its first anniversary, and BNA's Class Action Litigation Report has a story on the first such class action against an Italian financial institution. It was filed last week against Banca Intesa Sanpaolo IMI...

Buzbee on Federalism

Posted on January 11, 2010
William W. Buzbee (Emory University School of Law) has posted 'Federalism Floors, Ceilings, and the Benefits of Federalism?s Institutional Diversity,' in Preemption Choice: The Theory, Law, and Reality of Federalism?s Core Question to SSRN. Abstract: This chapter, from the Preemption...

Bobek on Courts in the Czech Republic

Posted on January 10, 2010
Michal Bobek has posted The Administration of Courts in the Czech Republic: In Search of a Constitutional Balance to SSRN. Abstract: This article focuses on the administration of courts in the Czech Republic and Slovakia. The comparison of the recent...

Phillips & Carter on Gender Influences on Supreme Court Justices

Posted on January 09, 2010
Professor James Cleith Phillips (University of California Berkeley) and Professor Edward Carter (Brigham Young University) have posted "Gender and U.S. Supreme Court Oral Argument on the Roberts Court: An Empirical Examination of the Sotomayor Hypothesis" on SSRN...

Summary of AALS Panels of Interest

Posted on January 07, 2010
For those of you headed to New Orleans for AALS, there are several panels of interest that we have posted about over the past few weeks. The panels all include your friendly Civ Pro/Fed Courts Blog Editors as panelists and...

Cuniberti on European Default Judgments

Posted on January 07, 2010
Professor Gilles Cuniberti (University of Luxembourg) has posted "Debarment from Defending, Default Judgments and Public Policy in Europe" on SSRN. The abstract states: Marco Gambazzi was excluded from English proceedings for non complying with interim measures...

Huang on Shareholder Derivative Actions in China

Posted on January 06, 2010
Xiao Huang (University of London, School of Advanced Studies) has posted Shareholder Revolt? The Statutory Derivative Action in China to SSRN. Abstract: This paper concerns one of the thorniest aspects in company law: the derivative action. As an exception to...

Gotanda on Attorney Fee Awards in International Arbitrations

Posted on January 06, 2010
Professor John Gotanda has posted "Attorneys' Fees Agonistes: The Implications of Inconsistency in the Awarding of Fees and Costs in International Arbitrations" on SSRN. The abstract states: The awarding of arbitration costs and attorneys? fees in international arbitrations is often...

Panel of Interest in New Orleans: "Civil Pleading Standards After Iqbal" (Friday, Jan. 8)

Posted on January 05, 2010
Those traveling to New Orleans this week may be interested in the panel Civil Pleading Standards After Iqbal at the Federalist Society's 12th Annual Faculty Conference. Panelists include: Prof. Suzanna Sherry, Vanderbilt Law School Prof. Suja Thomas, University of Illinois...

Lerner & Lund on the "Supreme Court's Cult of Celebrity"

Posted on January 04, 2010
Professor Craig Lerner (George Mason University School of Law) and Professor Nelson Lund (George Mason University School of Law) have posted "Judicial Duty and the Supreme Court's Cult of Celebrity" on SSRN. It will be published in the George Washington...

Chief Justice Roberts releases the 2009 year-end report

Posted on January 04, 2010
On New Year's Day, while the rest of us were watching football and wondering what the next decade will bring for procedure, Chief Justice Roberts was busy releasing his year end report, which can be downloaded here. The report is...

New York Times Editorial on Managing the Increasing Number of Pro Se Litigants

Posted on January 02, 2010
New Hampshire Chief Justice John T. Broderick, Jr. and California Chief Justice Ronald M. George published an OpEd in the New York Times, entitled "A Nation of Do-It-Yourself Lawyers," regarding handling the increasing number of pro se litigants. In addition...

Another AALS Panel of Interest: "Revisiting Discovery" (January 8)

Posted on December 31, 2009
Readers attending the Association of American Law Schools (AALS) annual meeting next week in New Orleans may be interested in the AALS Civil Procedure Section's program, Revisiting Discovery, which is co-sponsored by the Litigation Section. The panel is scheduled for...

AALS Panel of Interest: "The Future of Summary Judgment" (January 9)

Posted on December 29, 2009
Readers attending the Association of American Law Schools (AALS) annual meeting next week in New Orleans may be interested in the AALS Litigation Section's program, The Future of Summary Judgment, which is co-sponsored by the Civil Procedure Section. The panel...

Fu and Cullen on Public Interest Litigation in China

Posted on December 28, 2009
Professors Hualing Fu (University of Hong Kong Faculty of Law) and Richard Cullen (Monash University) have posted "The Development of Public Interest Litigation in China" on SSRN. The abstract states: This paper studies the reception and development of public interest...

Interveners at the Supreme Court of Canada

Posted on December 27, 2009
Benjamin Alarie and Andrew James Green have posted Interventions at the Supreme Court of Canada: Accuracy, Affiliation, and Acceptance to SSRN. Abstract: Do interveners matter? Under Chief Justice McLachlin the Supreme Court of Canada has allowed an average of 176...

Davies on Baseball and Law

Posted on December 26, 2009
Professor Ross Davies (George Mason University School of Law) has posted "It's No Game: The Practice and Process of the Law in Baseball, and Vice Versa" on SSRN. The article will be published in the Seton Hall Journal of Sports...

Erie and Class Actions: Waiting for the Supreme Court's Decision in Shady Grove

Posted on December 24, 2009
While many children are spending today waiting for Santa, I thought I'd talk about a Supreme Court decision that the civil-procedure world is eagerly awaiting: Shady Grove v. Allstate, which was arguedlast month. Unlike Santa, a Dec. 25th arrival is....

PENNumbra wraps up Iqbal debate

Posted on December 24, 2009
Professor Burbank has posted his final statement on PENNumbra, bringing the Iqbal debate to a close (at least as far as the Penn Law Review is concerned!) The full debate is available here. RJE

LeRoy on the Effect of Partisan Election of Judges on Judicial Review of Employment Arbitrations

Posted on December 23, 2009
Professor Michael H. LeRoy (University of Illinois College of Law) has posted "Do Partisan Elections of Judges Produce Unequal Justice? When Courts Review Employment Arbitrations" on SSRN in the Working Paper Series. The abstract states: Partisan election of judges is...

More Congressional Activity on Iqbal

Posted on December 22, 2009
While the Senate was wrestling with health care reform last week, the House turned once again to whether and how to legislatively overrule Iqbal. (For coverage of previous hearings in the House and Senate, see here, here, here, and here.)...

New York Times Editorial on Iqbal

Posted on December 22, 2009
Today, the New York Times published this editorial on Iqbal: "Restoring Access to the Courts." ~clf

Dyevre on European Integration and National Courts

Posted on December 21, 2009
Arthur Dyevre (CEPC) has posted "European Integration and National Courts--A Strategic Analysis of Judicial Behaviour" on SSRN in the Working Paper Series. The abstract states: The present paper looks at the jurisprudence of national courts on the European law doctrines...

Dale Beck Furnish (Arizona State

Posted on December 21, 2009
Dale Beck Furnish (Arizona State College of Law) has posted Sorting Out Civil Jurisdiction in Indian Country after Plains Commerce Bank: State Courts and the Judicial Sovereignty of the Navajo Nation to SSRN. Abstract: Navajo Tribal Courts Exercise Extensive Civil...

Cupp on Preemption and Products Liability Reform

Posted on December 20, 2009
Richard L. Cupp, Jr. has posted Preemption's Rise (and Bit of a Fall) as Products Liability Reform: Wyeth, Riegel, Altria, and the Restatement (Third)'s Prescription Product Design Defect Standard to SSRN. Abstract: This Article compares and contrasts the rocky reception...

Ninth Circuit Allows Cameras in District Courts

Posted on December 19, 2009
The Ninth Circuit Judicial Council has approved the use of cameras in district courts in some civil non-jury trials. The new policy replaces the policy in place in the Ninth Circuit since 1996 banning photography and radio and television coverage...

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