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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

The Harshest Sanction of All?

Posted on September 22, 2009
Last week, in the case of Nault v. The Evangelical Lutheran Good Samaritan Foundation, No. 6:09-CV-1229 (M.D. Fla.), U.S. District Judge Gregory A. Presnell ordered that the plaintiff's attorney "shall re-read the Local Rules and the Federal Rules of Civil...

Wells on Teaching Federal Courts Law

Posted on September 21, 2009
Michael Lewis Wells (University of Georgia) has posted A Litigation Oriented approach to Teaching Federal Courts Law (forthcoming St. Louis U. Law J.). Here is the abstract: The traditional focus of the course on Federal Courts has been the study...

More Iqbal commentary

Posted on September 21, 2009
Here from the National Law Journal. RJE

Tasty solution to bitter discovery dispute

Posted on September 21, 2009
A federal judge has ordered a litigant who cursed at an adversary during a discovery dispute to take a CLE class in professionalism and to have dinner with his adversary. One wonders if the judge picked up the tab. The...

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Hot off the Presses: Recent Publications of Interest

Posted on September 21, 2009
Following up on Cynthia's post earlier today, the St. Louis University Law Journal has published a symposium entitled Teaching Federal Courts. Here are some of the contributions (with a hat tip to the Current Index of Legal Periodicals): Richard H....

Federal Judge Resigns Due to Low Salary

Posted on September 19, 2009
The problem of low salary for federal judges has been widely discussed. This week, the severity of the problem was highlighted by the announcement by United States District Judge Stephen Larson of the U.S. District Court for the Central District...

The Alien Tort Claims Act in the National Law Journal & 11th Circuit (plus more Iqbal)

Posted on September 18, 2009
For readers interested in claims brought under 28 U.S.C. 1350 [a.k.a. the Alien Tort Claims Act (ATCA) or Alien Tort Statute (ATS)], this week's National Law Journal contains a column Alien Tort Claims Act cases keep coming. Also, a recent...

Shortage of Jurors in Canada

Posted on September 17, 2009
Courts in New Brunswick, Canada are finding it difficult to seat juries. Recently a justice of the Court of Queen?s Bench asked that 2000 jury summonses be sent for a trial that would ordinarily only require 350. Officials blame the...

Iqbal and the birthers

Posted on September 17, 2009
A federal district judge in Georgia has dismissed a suit brought by one of the now imfamous "birthers" on grounds of abstention and implausibility. The plaintiff, a member of the armed services, sought a temporary restraining order to prevent deployment...

Mulligan on Boumediene's second holding

Posted on September 17, 2009
Lumen Mulligan (Michigan State) has posted on SSRN his essay, Boumediene v. Bush: Would Justice Story Concur? (N.Y.U. L. Rev., forthcoming). Here's the abstract: In this essay, I take up the Court's less heralded second holding in Boumediene v. Bush....

State Damage Cap Reduces $15 Million Verdict to $619,000

Posted on September 16, 2009
The National Law Journal reports: Michigan's cap on medical malpractice awards numbed the pain of a $15 million verdict for one oral surgeon. The whopping jury verdict fizzled down to $619,000 due to Michigan's cap, which limits pain and suffering...

D.C. Circuit to close oral argument on Guantanamo detainee to the public

Posted on September 16, 2009
As the Blog of the Legal Times reports, judges Ginsburg, Henderson, and Edwards ruled that oral argument in the case of Belkacem Bensayah, an alleged enemy combatant arrested in Bosnia and held at Guantanamo Bay, will be closed to the...

Famous for being famous, and for generating precedent on pendent appellate jurisdiction: Paris Hilton in the Ninth Circuit

Posted on September 15, 2009
Her bid for the presidency may have failed, but Paris Hilton has found a way short of the appointments power to have an impact on the federal judiciary. Ms. Hilton sued Hallmark Cards over a Hallmark birthday card that featured...

Hot off the Presses: Recently Published Articles of Interest

Posted on September 14, 2009
With a hat tip to last week's Current Index of Legal Periodicals, here are some recent articles that may be of interest: David Brennan, Federal Preemption of All State Law Tort Claims in Riegel v. Medtronic: A Need to Undo...

Taussig on Class Actions in Israel

Posted on September 14, 2009
Eran Taussig has posted the paper Broadening the Scope of Judicial Gatekeeping: Adopting the Good Faith Standard in Class Action Proceedings. Abstract: This paper suggests that using the concept of "good faith", as is used in Israeli class action proceedings,...

Constitutional Challenge to Military Commission Trials

Posted on September 14, 2009
In a brief order, the D.C. Circuit Court asked the Obama administration to respond by noon tomorrow (Tuesday) in a case raising a constitutional challenge to the 2006 law providing authority for military commission trials. SCOTUS Blog summarizes Ramzi Bin...

Attorneys' fees in class actions

Posted on September 13, 2009
The Initial Public Offering Litigation pending before Judge Scheindlin in the S.D.N.Y. has produced plenty of controversy over the past several years. The latest installment is a fight over the calculation of attorneys' fees. The grounds are familiar: are the...

Recent Commentary on Ashcroft v. Iqbal

Posted on September 11, 2009
Professors Kevin Clermont (Cornell) & Stephen Yeazell (UCLA) have posted on SSRN their article Inventing Tests, Destabilizing Systems, 95 Iowa L. Rev. ___ (forthcoming Mar. 2010). Here's the abstract: The U.S. Supreme Court has revolutionized the law on pleading, by...

If you were worried about laptops in the classroom . . .

Posted on September 11, 2009
Judges are also worried about jurors with technology. As law.com reports via The Recorder, a new rule in a California state court "would remind potential jurors not to blog, Tweet or conduct Internet research about cases." RJE

Stand in the Place Where You Live: Standing decision from Brooklyn

Posted on September 10, 2009
Back in March, Judge Korman issued an opinion ordering the FDA to allow 17-year-olds access to Plan B (the "morning after pill"). 603 F.Supp.2d 519 (E.D.N.Y. 2009). Following that ruling, three pro-life Christian groups sought to intervene in the lawsuit...

First Circuit Decision on FRCP 51 and Jury Instructions

Posted on September 10, 2009
In last week's decision in DeCaro v. Hasbro, Inc., No. 09-1054, 2009 WL 2767296, 2009 U.S. App. LEXIS 19707, the U.S. Court of Appeals for the First Circuit weighed in on FRCP 51(b)(1)'s requirement that "[t]he court must inform the...

Using Empirical Methods in Procedure Scholarship

Posted on September 10, 2009
Two new articles posted to SSRN employ quantitative empirical methods in researching issues involving the federal courts: Between Cases and Classes: The Decision to Consolidate Multidistrict Litigation Margaret S. Williams (Federal Judicial Center) Tracey E...

Iqbal Symposium at Penn State

Posted on September 10, 2009
Nancy Welsh (nxw10@DSL.PSU.EDU) of Penn State, Dickinson School of Law has announced the following conference: On Friday, March 26, 2010, Penn State will hold a symposium addressing the Supreme Court's recent decision in Ashcroft v. Iqbal. There will be three...

Number 9, Number 9, Number 9: Some Significant 9th Circuit Decisions on Federal Preemption

Posted on September 09, 2009
On this numerically significant day (09/09/09), readers may be interested in the 9th Circuit?s recent decisions in Saher v. Norton Simon Museum of Art at Pasadena, No. 07-56691, 2009 WL 2526676, 2009 U.S. App. LEXIS 18604, and Movsesian v. Victoria...

Welcome to the Civil Procedure & Federal Courts Blog

Posted on September 09, 2009
Hello, and welcome to the renovated Civil Procedure & Federal Courts Blog on the Law Professor Blogs Network. There have been a number of changes recently, the most large-fonted of which is the addition of "& Federal Courts" to our...

About Civil Procedure Prof Blog

Posted on August 16, 2009
If you are interested in serving as an editor of Civil Procedure Prof Blog for the Law Professor Blogs Network, please contact Paul Caron and Joe Hodnicki by email.

I am in A.P. Contracts ....

Posted on July 13, 2009
Property Prof. Ben Barros thinks "moving to an advanced placement system for law school would be a win for everyone." Read his post here.

Rule 60(b) and bad lawyering

Posted on July 12, 2009
When must a district court grant a Rule 60(b) motion to vacate a default judgment due to bad lawyering? Essentially never, says the Seventh Circuit. Because of the principal-agent nature of the lawyer-client relationship, which attributes the lawyer's conduct to...

The Past, Present, and Future of Trans-Substantivity in Federal Civil Procedure

Posted on July 06, 2009
Prof. David Marcus recently posted an interesting piece on SSRN, The Past, Present, and Future of Trans-Substantivity in Federal Civil Procedure. Click the title to download it. The abstract follows: The trans-substantivity principle ? the same procedural rules should apply...

Two Interesting Links:

Posted on June 17, 2009
Two thought-provoking links for the day: Over at his blog, Adamsdrafting, Ken Adams has an interesting post about the admissibility of expert testimony in the context of ambiguous contract terms. Whether a contract is ambiguous is a legal question. Does...

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