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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

Ever Thought Civil Cases Take Too Long? So Does the IAALS

Posted on February 04, 2009
The Institute for the Advancement of the American Legal System has put together an extremely comprehensive study on the time consumed by civil cases in American federal district courts. It purports to be concerned primarily with the discrepancy between the...

Congress and Standing

Posted on February 03, 2009
Professor Michael E. Solimine from the University of Cincinnati has posted a paper on SSRN that he contributed to a recent symposium on "Access to the Courts in the Roberts Era." The article, Congress, Separation of Powers, and Standing, is...

New choice of law article on the SSRN

Posted on January 27, 2009
Dean Symeonides has published another article on choice of law, and posted it on the SSRN. In it, he analyzes how states have been dealing with the choice of law question over the past 40 years in "cross-border" torts (torts...

5th Circuit holds district court's remand order under 1367(c) reviewable

Posted on January 27, 2009
In Brookshire Brothers Holding, Inc. v. Dayco Products, Inc., No. 07-31154, 2009 WL 22876 (5th Cir. January 6, 2009), the Fifth Circuit held that a district court's order of remand based on 28 USC § 1367(c) is reviewable. Section 1447(d)...

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Using the Internet to Improve Class Actions

Posted on January 26, 2009
With two accomplices, Drug and Device Blogger and Curmudgeon Mark Herrmann recently published "Making Class Actions Work: The Untapped Potential of the Internet" in the Pittsburgh Law Review. Download the article here. A brief abstract follows: In the article, Herrmann,...

Funding for Civil Litigation Research

Posted on January 26, 2009
The ABA Section of Litigation invites applications to The Litigation Research Fund, which makes individual awards of between $5,000 and $20,000 to support original and practical scholarly work that significantly advances the understanding of civil litigation in the United States...

Federal Caseload Statistics

Posted on January 23, 2009
The Federal Judiciary Website has posted the federal caseload statistics. --Counseller/jtf

MBE may add civil procedure questions

Posted on January 23, 2009
Law.com reports that the National Conference of Bar Examiners is considering adding civil procedure questions to the Multistate Bar Exam. You can read about it here. -Counseller/ps

2008 AALS Civil Procedure Section papers available online

Posted on January 22, 2009
The papers presented at the 2008 AALS Civil Procedure Section?s annual meeting were recently published in the Summer 2008 edition of the Oklahoma Law Review and are now available online. The topic of the program was ?The Revolution of 1938...

4th Circuit holds additional counter-defendant may not remove

Posted on January 21, 2009
Recently, a split panel of the 4th Circuit Court of Appeals found that a counter-defendant added to the suit by the original defendant could not remove the case to federal court under 28 U.S.C § 1441(a) or § 1453(b). In...

Federal Rule of Evidence 502

Posted on January 21, 2009
Over at law.com, John Summers and Michael Gadarian have posted a new article on Federal Rule of Evidence 502. The article contains a discussion of some problematic aspects of the language in 502. -Counseller/ps

Comparative Civil Procedure

Posted on January 20, 2009
Jeffrey Parker from George Mason University School of Law has posted a paper on SSRN that he presented at the 11th Travemunder Symposium on the Economic Analysis of Procedural Law. The paper, Comparative Civil Procedure and Transnational 'Harmonization': A Law-and-Economics...

Personal Jurisdiction and Patent Litigation

Posted on January 15, 2009
A divided panel of the Federal Circuit recently affirmed a district court's finding that an international corporation did not submit itself to specific personal jurisdiction in Alabama by sending three letters asserting patent infringement. Avocent Huntsville Corp...

7th Circuit Makes It Harder for Plaintiffs to Keep Securities Class Actions in State Court

Posted on January 14, 2009
The folks at Law.com have reported a new decision of the Seventh Circuit that holds that the grant of federal jurisdiction in CAFA trumps the anti-removal provisions of the Securities Act of 1933. Read their report on the case, or...

Federal Rulemaking Website Adds "Quick Links"

Posted on January 13, 2009
For those of you that utilize the resources at the Federal Rulemaking Website of USCourt.gov, they're in the process of adding "Quick Links" to frequently used Rules Committee records and other information: Our "Quick Links" are divided into two categories:...

Is dispositive procedure "fatally flawed"?

Posted on January 12, 2009
Professor Suja Thomas from the University of Illinois has posted a new article to SSRN arguing the answer to that question is emphatically yes. The new article, "The Fallacy of Dispositive Procedure" is forthcoming in Volume 50 of the Boston...

More commentary on the Voluntary-Involuntary Rule

Posted on January 06, 2009
The next issue of the Baylor Law Review will contain a comment written by Jeff Fisher. Jeff's comment clearly outlines and predicts the questions created and answered by the Morgan decision (see today's earlier post), though it went to press...

Fradulent Joinder and the Voluntary-Involuntary Rule

Posted on January 06, 2009
In Morgan v. Chase Home Finance, the 5th Circuit issued an unpublished decision that will likely surprise many readers. It requires practitioners (and my students) to be agile with the concept of fraudulent joinder and its interplay with the voluntary-involuntary...

Rule 23 class action status denied to hurricane victims

Posted on January 05, 2009
As WSJ.com recently reported, District Judge Kurt Engelhardt denied class action status on December 29, 2008 to Hurricane Katrina & Rita victims in an action concerning those allegedly toxic trailers. In a 50 page order, the judge concluded that the....

Choice of Law in the American Courts in 2008: Twenty-Second Annual Survey

Posted on January 04, 2009
Dean Symeonides of Willamette University College of Law has posted his twenty-second annual survey of choice of law cases on SSRN. You can download it here, but here's a preview from the abstract: The following are among the cases discussed...

Federal Rulemaking Podcasts Update

Posted on January 04, 2009
Last month we posted links to the podcast related to the proposed changes to Federal Rules of Civil Procedure 26 and 56. All federal rulemaking proceedings will now be available at the court's website. Since our last post, there is...

A Summary Judgment is Not a Dismissal!

Posted on January 02, 2009
Click here to download Prof. Bradley Scott Shannon's recent article A Summary Judgment is Not a Dismissal! (exclamation point in original.) The article will appear in Vol. 56 of the Drake Law Review. The abstract follows: Many lawyers think that...

Chief Justice's 2008 Year-End Report

Posted on January 01, 2009
The Chief Justice's year-end report is now available at the Federal Judiciary website. --Counseller/jtf

Avoiding CAFA

Posted on January 01, 2009
Recently, a split panel of the Sixth Circuit Court of Appeals reversed a district court's remand order in a nuisance suit brought by three-hundred landowners who own property downriver from a Blue Ridge paper mill in North Carolina. In Freeman...

Sixth Circuit Joins Others in Holding 28 U.S.C. § 1332(a)(2) Limited to Suits with Aliens on One Side, State Citizens on the Other

Posted on December 31, 2008
The Sixth Circuit released an opinion in which it joined numerous other circuits in holding that 28 U.S.C. § 1332(a)(2) does not grant jurisdiction over a case in which there are foreign and domestic plaintiffs against a foreign defendant. We...

Fifth Circuit decides that 28 U.S.C. 1441(c) does not permit remand of removable federal questions

Posted on December 31, 2008
Last month the Fifth Circuit decided Poche v. Texas Air Corps, Inc., No. 07-20618, 2008 WL 4926740 (5th Cir. Nov. 19, 2008). The question presented was "does 28 U.S.C. § 1441(c) permit a district court to remand federal claims conferring...

Offers of Judgment Under FRCP 68: A useful tool, but is this as good as it gets?

Posted on December 31, 2008
Professors Thomas Eaton and Harold S. Lewis, Jr. have posted a second report on the utility of offers of judgment under Federal Rule of Civil Procedure 68. In this second report, the Professors discuss some ways in which the rule...

Another important venue decision

Posted on December 30, 2008
An article today on Law.com asks: Will Famed Rocket Docket Fizzle Out in Wake of Federal Circuit's Ruling? Texas court slapped down for holding onto case; ruling bolsters recent 5th Circuit order. Click the case name to download the Federal...

Whoops! My Computer Accidentally Deleted the Evidence!

Posted on December 29, 2008
Andrew Hebl, a law clerk for the Wisconsin Supreme Court, has posted a new article on SSRN discussing Federal Rule of Civil Procedure 37(e). The rule states that, generally, "a court may not impose sanctions under these rules on a...

test

Posted on December 26, 2008
test

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