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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

Junior Federal Courts Conference at Michigan State

Posted on June 15, 2009
Click the link to view an updated flyer for the Federal Courts Conference at Michigan State this fall. Prof. Lou Mulligan is the contact person, and you can find his information in the flyer. Download Federal Courts Conference Flyer1

Cert. Granted

Posted on June 09, 2009
Yesterday, the Supreme Court granted certiorari on the following issue: For purposes of determining principal place of business for diversity jurisdiction citizenship under 28 U.S.C. § 1332, can court disregard location of nationwide corporation's headquarters--i...

Case of Interest -- Reed Elsevier v. Muchnick

Posted on June 08, 2009
Readers may be interested in a case currently pending before the Supreme Court called Reed Elsevier v. Muchnick. It?s a copyright case, but it raises neat civil procedure issues. The case is a class action on behalf of authors who...

Against Twombly & Iqbal -- A Reply to Drug & Device Law Post

Posted on June 05, 2009
Rory and Jeremy have invited responses to the formidable and polite defense of Twombly and Iqbal posted by the folks at the Drug & Device Law blog. I?m not shy?I?ll give it a shot. Let me first note a couple...

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Reviewing Remand Orders

Posted on June 02, 2009
Justice Scalia once asked a brilliant question: "How can that be? How can a statute explicitly eliminating appellate jurisdiction to review a remand order not 'control' whether an appellate court has jurisdiction to review a remand order?" His question reflects...

The other side of the Twombly/Iqbal coin:

Posted on May 29, 2009
A few days ago, the folks at Drug and Device Law noted the Iqbal decision and the unanimous condemnation of the decision among academic bloggers. Beck and Herrmann promised to present the other side of the argument, and today they...

Iqbal decided

Posted on May 18, 2009
Today the Supreme Court released its decision in Ashcroft v. Iqbal. Section IV of the opinion has much to say about Twombly and notice plausibility pleading. --RR

Beyond Twombly (by Prof. Scott Dodson)

Posted on May 18, 2009
Today, the Supreme Court decided Ashcroft v. Iqbal, a case that continues the recent evolution of pleading standards under Rule 8 mostly begun by a case from two years ago, Bell Atlantic v. Twombly. As I have written previously here,...

2 USSCT Decisions

Posted on May 04, 2009
Today, the Supreme Court decided Carlsbad Technology, Inc. v. HIF Bio, Inc., a case whose Certworthiness was apparent even back in November of 2007. Our readers will also be interested in today's Arthur Andersen, LLP v. Carlisle decision, which involves...

Staying Execution of a Mandate

Posted on April 17, 2009
Our own 10th Court of Appeals in Waco decided an interesting procedural case yesterday. Chief Justice Gray's introduction cleanly states the issue: In a prior proceeding, we were asked to decide certain issues. We did. We issued an opinion. In...

Junior Faculty Federal Courts Workshop

Posted on April 15, 2009
THE SECOND ANNUAL JUNIOR FACULTY FEDERAL COURTS WORKSHOP October 22-23, 2009 The Michigan State University College of Law is pleased to announce that the Second Annual Junior Faculty Federal Courts Workshop will take place on its campus October 22?23, 2009...

FRCP Amendments

Posted on April 06, 2009
Prof. Ben Spencer reports here on recent Federal Rules amendments approved by the Supreme Court. You can also click here for more information on the U.S. Courts page. --RR

Pleading and the Dilemmas of "General Rules"

Posted on March 25, 2009
Click the article title to download Pleading and the Dilemmas of General Rules, by Prof. Stephen B. Burbank. The article will appear in the Wisconsin Law Review. The abstract follows: This article comments on Professor Geoffrey Miller's article about pleading...

Alternative MDL-management Method

Posted on March 19, 2009
Click the article's title to download The Quasi-Class Action Method of Managing Multi-District Litigations: Problems and a Proposal, authored by Profs. Charles Silver and Geoffrey Miller. The abstract follows: This article uses three recent multi-district litigations (MDLs) that produced massive...

Erie Meets the First Amendment

Posted on March 17, 2009
Howard Wasserman just posted an interesting question over at PrawfsBlawg: So here is a nice Erie question: In a diversity action, must a federal court apply the state-law standard for when a plaintiff can subpoena the identity of an anonymous...

Supreme Court decides Vaden

Posted on March 09, 2009
SCOTUS Blog reports that the Supreme Court "ruled that a firm seeking to compel arbitration of a dispute may take the case to a federal District Court only if the underlying controversy could have been litigated in federal court. A...

Courtoons

Posted on March 06, 2009
Absolutely hilarious. --RR

Lack of relatedness

Posted on March 05, 2009

Call for Proposals

Posted on February 26, 2009
The AALS Section on Academic Support will showcase how professors are transforming the learning environment of their classrooms through innovative and creative methods. Many of these methods have their roots in traditional academic support tenets of varying lesson plans to...

Federal Courts, Not Federal Tribunals

Posted on February 25, 2009
Prof. Lou Mulligan recently posted Federal Courts, Not Federal Tribunals. Also check out his previous article, which we featured here. Lou is a very bright scholar, and his writing is always accessible. --RR

"Against Settlement" Symposium

Posted on February 24, 2009
Prof. Howard Erichson and the Fordham Law Review have put together quite a symposium to discuss Owen Fiss's provocative arguments about ADR and settlement of 25 years ago. The speakers include Owen Fiss, Sam Issacharoff, Pam Karlan, Susan Sturm, Jack...

Entry-Level Hiring Report

Posted on February 24, 2009
Larry Solum is compiling this year's Entry Level Hiring Report. Click here to submit your school's information via Survey Monkey. --RR

Horizontal Federalism

Posted on February 23, 2009
Minnesota Prof. Allan Erbsen recently posted an updated version of Horizontal Federalism on SSRN. It's definitely worth a read. The abstract follows: This Article constructs frameworks for analyzing federalism's undertheorized horizontal dimension. Discussions of federalism generally focus on the hierarchical...

Prof. Campbell posts article on service of process

Posted on February 22, 2009
Faulkner Prof. Charles Campbell recently posted No Sirve: The Invalidity of Service of Process Abroad by Mail or Private Process Server on Parties in Mexico Under the Hague Service Convention. The abstract follows: Mexico acceded to the Hague Service Convention...

E-Pitfalls: Ethics and E-Discovery

Posted on February 20, 2009
Prof. Debra Lyn Bassett recently posted E-Pitfalls: Ethics and E-Discovery. Click the title to download the article. The abstract follows: Written for a symposium on e-discovery, this Article addresses the convergence of ethics and e-discovery, and contends that the surprise...

Supreme Court Reform

Posted on February 12, 2009
Today, at law.com, Marcia Coyle reports: Law Profs, Former Judges, Attorneys Urge Major Reforms for Supreme Court. The article describes four proposals, ranging from regular biennial appointment of new justices to identifying justices who are no longer able to perform...

11th Circuit Certifies Florida Long-Arm Question

Posted on February 11, 2009
In Internet Solutions Corporation v. Marshall, Defendant lived in Washington, where she owned and operated a consumer-watchdogish website. She posted something about plaintiff, ISC. ISC sued Defendant in federal court -- in Florida, where ISC had its principal place of...

Distinguishing Certification from Abstention

Posted on February 09, 2009
Prof. Deborah J. Challener recently posted Distinguishing Certification from Abstention in Diversity Cases: Postponement versus Abdication of the Duty to Exercise Jurisdiction. Click the title to download the article, which will appear in Volume 38 of the Rutgers Law Journal...

Restyling hits civil and criminal forms

Posted on February 06, 2009
The effort to re-write the federal rules in "plain English" has spread. A working group at the Administrative Office of the U.S. Courts has put together 56 new, restyled forms, both civil and criminal. You can find them here (though...

Does Anyone Care About Class Actions?

Posted on February 05, 2009
The Houston Chronicle reported Monday that very few of the supposed-beneficiaries of a massive cosmetics class action knew or cared about the lawsuit. The suit netted about $25 million for the lawyers involved, and, for the class members, what the...

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