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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

Supreme Court hears argument on Statute of Limitations

Posted on November 30, 2009
The Supreme Court is hearing oral arguments today in Merck & Co., Inc. v. Richard Reynolds, which raises thee question of when a statute of limitations begins to run on a federal securities fraud claim. The case will resolve a...

Ninth Circuit upholds forum non conveniens dismissal

Posted on November 29, 2009
Vivendi S.A. v. T-Mobile USA, Inc. (2009 WL 3525855) involved a French company suing a German corporation and a Polish corporation on a RICO cause of action. The district judge granted T-Mobile's motion to dismiss on grounds of forum non...

Craig on Political Constitutionalism and Judicial Review

Posted on November 28, 2009
Professor Paul P. Craig (University of Oxford Faculty of Law) has posted "Political Constitutionalism and Judicial Review" on SSRN. It will be published in Effective Judicial Review: A Cornerstone of Good Governance (C. Forsyth, M. Elliott, S. Jhaveri, A...

Over 100,000 Served

Posted on November 27, 2009
This week our blog-traffic meter eclipsed the 100,000 mark (since February 19, 2007). Thank you, readers!

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Senate Judiciary Committee Hearing on Iqbal

Posted on November 27, 2009
Next week's activities on Capitol Hill include a hearing before the full Senate Judiciary Committee entitled "Has the Supreme Court Limited Americans' Access to Courts?" It's scheduled for Wednesday, December 2 at 10:00 a.m. in Room 226 of the Dirksen...

NY Times Editorial on the importance of funding state courts

Posted on November 26, 2009
The New York Times has run an editorial about the importance of state courts, writing that "[t]his vital institution ? constitutionally, an independent, co-equal branch of government ? has been spiraling into crisis as cash-starved states struggle with huge deficits...

Call for Papers: Iqbal Symposium

Posted on November 26, 2009
Penn State, Dickinson School of Law has issued this call for papers in connection with a March 26, 2010 symposium on "Reflections on Iqbal--Discerning Its Rule, Grappling With Its Implications": Call for Papers Symposium: Reflections on Iqbal?Discerning Its Rule, Grappling...

South Africa to Create Special World Cup Courts

Posted on November 25, 2009
The BBC reports that South Africa is creating special courts to deal with crime during the World Cup. The purpose of the courts is to allow visitors to testify even though they will be in the country for a short...

Issacharoff & Klonoff on The Public Value of Settlement

Posted on November 25, 2009
Professor Samuel Issacharoff (NYU School of Law) and Dean Robert H. Klonoff (Lewis & Clark Law School) have posted "The Public Value of Settlement" on SSRN. This paper will be published in the Fordham Law Review. The abstract states: This...

Gilles on Judicial Hostility to Small-Claims Consumer Class Actions

Posted on November 23, 2009
Myriam E. Gilles (Cardozo Law School) has posted Class Dismissed: Contemporary Judicial Hostility to Small-Claims Consumer Class Actions to SSRN. Abstract: I start from the view that small-value consumer claims are a primary reason that class actions exist, and that...

Now in Congress: The Federal Courts Jurisdiction and Venue Clarification Act

Posted on November 23, 2009
H.R. 4113 was introduced last week in the U.S. House of Representatives. It would amend sections of the U.S. Code dealing with: Diversity jurisdiction (28 U.S.C. 1332) Removal and remand (28 U.S.C. 1441 & 1446) Venue (revisions to 28 U.S.C....

Wasserman on United States v. Klein

Posted on October 01, 2009
Howard Wasserman (Florida International) has posted "The Irrepressible Myth of Klein." The abstract states: This paper examines the Reconstruction-era case of United States v. Klein, which imposed some uncertain limitations on congressional control over judicial jurisdiction and judicial decisionmaking...

Cert grants: Civ pro and fed courts topics of interest

Posted on October 01, 2009
Yesterday the Supreme Court granted cert in ten cases, three of which should be of interest to civil procedure and federal courts teachers. See SCOTUS Blog for links to the opinions below and petitions supporting and opposing certiorari. Attorneys' Fees...

Need a Federal Rule of Civil Procedure . . .

Posted on September 30, 2009
. . . There's an app for that! ~clf

9/11 Litigation: NY state law extends time for filing a notice of claim

Posted on September 30, 2009
Governor Patterson recently signed a bill that extends the time for filing a notice of claim against a municipality by one year for claims by 9/11 rescue and recovery workers. As the New York Law Journal reports, this could expand...

Upcoming Supreme Court Argument: Reed Elsevier v. Muchnick (Wednesday 10/7)

Posted on September 29, 2009
First Wednesday brings another argument that may be of interest to our readers: Reed Elsevier v. Muchnick (No. 08-103). The question presented is: Does 17 U.S.C. s. 411(a) restrict the subject matter jurisdiction of the federal courts over copyright infringement...

Yung on Judicial Activism

Posted on September 28, 2009
Corey Rayburn Yung (The John Marshall Law School) has posted "Defining and Measuring Judicial Activism: An Empirical Study of Judges on the United States Courts of Appeals" as part of the Working Paper Series. The abstract states: Existing empirical scholarship...

Upcoming Supreme Court Argument: Mohawk Industries v. Carpenter (Monday 10/5)

Posted on September 28, 2009
Civil procedure will make a "First Monday" appearance in Mohawk Industries, Inc. v. Carpenter (No. 08-678). The question presented is: Whether a party has an immediate appeal under the collateral order doctrine, as set forth in Cohen v. Beneficial Industrial...

Buxbaum on Personal Jurisdiction in Cross-Boarder Securities Litigation

Posted on September 28, 2009
Hannah L. Buxbaum of Indiana University School of Law has posted the article Personal Jurisdiction Over Foreign Directors in Cross-Border Securities Litigation on SSRN and forthcoming in the Journal of Corporation Law. Abstract: Securities litigation against non-U...

Update on Google Book Class Action, Proposed Settlement, and Postponed Fairness Hearing

Posted on September 28, 2009
Many have been following the federal class action lawsuit against Google: The Authors Guild, Inc. v. Google Inc., No. 05 CV 8136 (S.D.N.Y.). The suit was filed in 2005 by authors and publishers who alleged that Google's digital copies of...

Conference: Judicial Review in US/Canadian comparative perspective at SEALS

Posted on September 27, 2009
Procedure and fed courts folks might be interested in the following announcement for a panel at SEALS: A U.S./Canada Comparative Law Workshop will be held at the SEALS 2010 Annual Meeting at the Breakers Resort in Palm Beach, Florida. The...

Jenks on the Political Question Doctrine Applied to "Battlefield" Government Contractors

Posted on September 26, 2009
Chris Jenks (JAG) has posted "Square Peg in a Round Hole: Government Contractor Battlefield Tort Liability and the Political Question Doctrine" (forthcoming Berkley Journal of International Law) on SSRN. The abstract states: Recent assertions of the political question doctrine by...

Judicial Conference Approves Proposed FRCP Amendments

Posted on September 25, 2009
Last week, the Judicial Conference of the United States approved proposed amendments to Federal Rules of Civil Procedure 8, 26, and 56, and Illustrative Form 52. Also approved were amendments to the Appellate Rules (Rules 1, 4, and 29, and...

Justice Ginsburg Hospitalized

Posted on September 25, 2009
SCOTUS Blog reports on Justice Ginsburg: Justice Ruth Bader Ginsburg was hospitalized yesterday evening after she reportedly ?developed light headedness and fatigue? while working in her chambers at the Court. The New York Times and the Washington Post both characterized...

The Honorable Jerry Buchmeyer (1933-2009)

Posted on September 25, 2009
U.S. District Judge Jerry Buchmeyer passed away this week. I was Judge Buchmeyer's law clerk a decade (or so) ago when he was the Chief Judge of the Northern District of Texas. While I won't detail here his impact as...

Chase & Mustes on "'Acting' Judges and the Problem of Judicial Independence"

Posted on September 24, 2009
Oscar G. Chase (NYU) and George W. Mustes have posted "'Acting Judges and the Problem of Judicial Independence." The abstract states: Contemporary threats to the independence of American judges have drawn critical comment from a variety of observers. In this...

Hyman, Black, and Silver on the Impact of "Duty to Settle" on Settlement

Posted on September 24, 2009
David Hyman, Bernard Black, and Charles Silver have posted The Impact of the Duty to Settle" on Settlement: Evidence from Texas. Abstract: All insurance has coverage limits, and insurers usually control whether a case is settled or tried. If the...

Prof. Bone on Iqbal

Posted on September 24, 2009
For some more recent commentary on Iqbal, check out this essay by Professor Robert Bone (Boston University), Plausibility Pleading Revisited and Revised: A Comment on Ashcroft v. Iqbal (85 Notre Dame L. Rev., forthcoming) on SSRN. Here?s the abstract: This...

Court Budgets Are Tight All Over

Posted on September 23, 2009
Court clerks in Spain's Andalusa region now must take the bus instead of a taxi, their traditional mode of transportation, when they have to serve a summons. However, this money-saving strategy has significantly reduced efficiency. Using taxis, a clerk can...

New Articles on Sports and Procedure

Posted on September 23, 2009
Two recent articles posted on SSRN address the intersection of sports and procedure. Off-Court Misbehavior: Sports Leagues and Private Punishment by Janine Kim and Matthew Parlow at Marquette University School of Law focuses on criminal law and theory, but the...

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