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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

Need CLE? . . . there's an app for that

Posted on December 17, 2009
West unveiled its new iPhone app this week to enable lawyers to get continuing legal education (CLE) credits by taking courses on an iPhone or iPod Touch. The app itself is free through Apple iTunes App Store. The user must...

Qui tam suits in action

Posted on December 17, 2009
The University of Phoenix recently settled a False Claim Act qui tam action in California federal court. The lawsuit alleged that the the University of Phoenix had defrauded the government by paying enrollment counselors for enrolling students, a practice prohibited...

Hot Off The Presses: Recent Articles Of Interest

Posted on December 17, 2009
With a hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Bryan H. Babb & Kellie M. Barr, Developments in Indiana Appellate Procedure: Rule Amendments, Notable Case Law, and Tips...

Vladeck on habeas jurisdiction for Guantanamo detainees

Posted on December 16, 2009
Over at Prawfsblog, Steve Vladeck has a good post on the jurisdictional issues raised by moving many of the Guantanamo detainees to the Thomson facility in Illinois. From the post: "Does this mean that all of the habeas petitions in...

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Issacharoff on Pragmatic Originalism

Posted on December 14, 2009
Professor Samuel Issacharoff (New York University School of Law) has posted "Pragmatic Originalism?" on SSRN. It will be published in the NYU Journal of Law & Liberty. The abstract states: As the influence of and debates over originalist constitutional arguments...

Effron on Pleading Complex Litigation after Twombly and Iqbal

Posted on December 14, 2009
I suppose that one of the privileges of being a blog editor is that I can announce my own work as soon as it has been posted to SSRN. In that spirit, I have posted The Plaintiff Neutrality Principle: Pleading...

New York Times article features hormone replacement therapy litigation

Posted on December 14, 2009
The New York Times article, Menopause, as Brought to You By Big Pharma features a history of regulatory and litigation issues surrounding the prescription of hormone replacement therapy drugs. The litigation centers on the Prempro cases against Wyeth (now part...

The UK's New Supreme Court

Posted on December 12, 2009
This past October, Britain's new Supreme Court kicked off its first term. In the past, the UK's highest court was a group of "law lords" who were actually part of Parliament. However, beginning on October 1, 2009, under the Constitutional...

Personal jurisdiction over foreign contractors

Posted on December 10, 2009
Foreign companies often do business with the United States as foreign contractors. As the recent wars in Iraq and Afghanistan have shown, sometimes that business takes place entirely overseas. Where does that leave persons wishing to sue foreign contractors? The...

Exam Time Query: What Makes a Good Law School Exam Answer?

Posted on December 10, 2009
This week, the Wall Street Journal's Law Blog took on the question that's on everyone's mind this time of year: what makes a good law school exam answer? The WSJ Law Blog asked seven law school professors to fill in...

PENNumbra Twombly/Iqbal debate continues

Posted on December 09, 2009
Today features Professor Burbank's opening statement, adding to the Hermann/Beck opening statement posted last week. http://www.pennumbra.com/debates/debate.php?did=24 RJE

Nagareda on Embedded Aggregation in Civil Litigation

Posted on December 09, 2009
Richard Nagareda (Vanderbilt University) has posted Embedded Aggregation in Civil Litigation to SSRN. Abstract: When one hears the term ?aggregation? in civil litigation, the context that comes to mind involves the long-running debate over class actions...

Hovenkamp on Pleading in Antitrust Cases

Posted on December 09, 2009
Professor Herbert Hovenkamp (University of Iowa College of Law) has posted "The Pleading Problem in Antitrust Cases and Beyond" on SSRN as part of the Working Paper Series. The abstract states: In Twombly the Supreme Court held that an antitrust...

Justice Sotomayor, Civil Procedure, and the "Tradition" of Unanimous Debut Opinions

Posted on December 09, 2009
Yesterday brought the Supreme Court's first decision in a case argued this Term. The Court in Mohawk Industries v. Carpenter writes: "The question before us is whether disclosure orders adverse to the attorney-client privilege qualify for immediate appeal under the...

SCOTUS decision in Mohawk Industries v. Carpenter: the collateral order doctrine, discovery orders, and the attorney-client privilege

Posted on December 08, 2009
The Supreme Court today decided Mohawk Industries Inc. v. Carpenter, No. 08-678. (See here and here for our earlier coverage of the case.) Justice Sotomayor begins the opinion: "The question before us is whether disclosure orders adverse to the attorney-client...

Senators opine on Iqbal & Twombly in the Wall Street Journal

Posted on December 08, 2009
Under the heading Restoring Justice or Hurting National Security?, yesterday's Wall Street Journal published two Senators' letters to the editor about the Notice Pleading Restoration Act of 2009. The Act is designed to legislatively overrule the Supreme Court's decisions in...

Commentary on The Federal Courts Jurisdiction and Venue Clarification Act of 2009 (H.R. 4113, now in Congress)

Posted on December 07, 2009
Now pending before Congress is H.R. 4113, a.k.a. The Federal Courts Jurisdiction and Venue Clarification Act. The Act could certainly use a workup by the House Acronym Committee (maybe I have soccer on the brain after Friday's World Cup draw,...

Attaching electronic funds in martime jurisdiction

Posted on December 07, 2009
The Second Circuit recently overturned its previous position regarding the attachment of electronic fund transfers (EFTs) for purposes of maritime jurisdiction. Rule B of the Federal Rules of Civil Procedure Supplemental Rules allows courts to attach tangible or intangible property...

Eisenberg & Huang on Supreme Court Jurisdiction Shifting from Mandatory to Discretionary

Posted on December 07, 2009
Theodore Eisenberg (Cornell University School of Law) and Kuo-Chang Huang (Institutum Iurisprudentiae) have posted "The Effect of Rules Shifting Supreme Court Jurisdiction from Mandatory to Discretionary--An Empirical Lesson from Taiwan" on SSRN. The abstract states: Theoretical works suggest that granting...

Schwartz on the the Federal Arbitration Act

Posted on December 06, 2009
David S. Schwartz (University of Wisconsin) has posted The Federal Arbitration Act and the Power of Congress Over State Courts to SSRN. Abstract: The Federal Arbitration Act is unconstitutional as it has been applied to the states over the past...

Menkel-Meadow on the Negotiation Theory and Practice

Posted on December 05, 2009
Professor Carrie Menkel-Meadow (Georgetown University Law Center; University of California, Irvine Law School) has posted and essay entitled "Chronicling the Complexification of Negotiation Theory and Practice" on SSRN. It will be published in the Negotiation Journal...

Coverage of Yesterday?s Senate Judiciary Committee Hearing on Iqbal

Posted on December 03, 2009
As blogged earlier here, the Senate Judiciary Committee held a hearing yesterday entitled, "Has the Supreme Court Limited Americans' Access to Courts?" The archived webcast is available here. The witnesses (including links to their testimony) were: John Payton President and...

Recent comparative law pieces

Posted on December 03, 2009
Three comparative law pieces of interest to civil procedure and federal courts professors recently have been posted on SSRN. Maxeiner, et al., Comparative Civil Justice: United States, Germany, Korea. Chapter 1. Civil Justice: An Introduction to its Purposes, Methods and...

Sloan on Stare Decisis in the Federal Courts of Appeals

Posted on December 03, 2009
Professor Amy Sloan (University of Baltimore School of Law) has posted "The Dog that Didn't Bark: Stealth Procedures and the Erosion of Stare Decisis in the Federal Courts of Appeals" on SSRN. It will be published in the Fordham Law...

Right Now: Senate Judiciary Committee Hearing on Iqbal

Posted on December 02, 2009
As blogged earlier here, the Senate Judiciary Committee is holding a hearing today entitled: "Has the Supreme Court Limited Americans' Access to Courts?" Click here for a link to a live webcast. --A

Civil Case regarding China Milk Scandal reaches China Court

Posted on December 02, 2009
A Chinese court is hearing the first civil case seeking damages for injuries suffered in connection with the China milk scandal. The case, brought by a parent whose child became ill after consuming baby formula which contained the industrial chemical...

PENNumbra features an online debate on Congress's response to Twombly and Iqbal

Posted on December 02, 2009
PENNumbra, the online companion to the University of Pennsylvania Law Review, is featuring an online debate about whether Congress should overrule Twombly and Iqbal. The debate features Mark Hermann and James M. Beck, of the Drug and Device Law Blog....

Amendment to Class Action Fairness Act (CAFA) takes effect today

Posted on December 01, 2009
The original version of the 2005 Class Action Fairness Act (CAFA) authorized immediate appeals from certain jurisdictional decisions by district courts, provided that litigants appeal "not less than 7 days after entry of the order." 28 U.S.C. � 1453(c)(1)...

Cert. grant in Morrison v. National Australia Bank: Is there federal subject-matter jurisdiction over "foreign-cubed" securities class action?

Posted on November 30, 2009
Today the Supreme Court granted certiorari in Morrison v. National Australia Bank Ltd. (08-1191). The questions presented are: 1) Do anti-fraud provisions of U.S. securities laws extend to transnational frauds when (a) foreign-based parent company conducted substantial business in United...

Long -- Against Certification

Posted on November 30, 2009
Justin R. Long (University of Connecticut School of Law) has posted Against Certification to SSRN. Abstract: Certification is the process whereby federal courts, confronted by an open question of state law in federal litigation, ask the relevant state high court...

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