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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

Rules Enabling Act

Posted on December 19, 2008
Anthony Vitarelli recently posted A Blueprint for Applying the Rules Enabling Act's Supersession Clause on SSRN. Click the article title to download. This abstract follows: When Congress passed the Rules Enabling Act (REA), it deferred to the Supreme Court's institutional...

Venue Selection, State or Federal?

Posted on December 17, 2008
When a contract contains a forum-selection clause that requires "exclusive venue" in a particular county of a State, might venue be proper in a Federal District Court that happens to be located in that county? The Fifth Circuit answered "yes"...

Service via Certified Poke?

Posted on December 16, 2008
The AP reports: Australia OKs Facebook for serving lien notice.--RR

Foreign Defendants and Service of Process under State Law

Posted on December 15, 2008
The New York Court of Appeals recently handed down an interesting opinion regarding service of process upon foreign defendants in their home country. The suit involved a forfeiture proceeding initiated by the New York attorney general seeking to obtain the...

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Remanding "matters" in which State Law Predominates under 1441(c)

Posted on December 15, 2008
The Fifth Circuit recently reversed a district court's finding that even though a suit involved a federal question, the entire case should be remanded to state court because most of the plaintiff's claims arose under state law. The plaintiff in...

Haywood v. Drown

Posted on December 10, 2008
The Supreme Court heard arguments on last Thursday in Haywood v Drown. The bulk of the argument focused on the jurisdictional issue. As SCOTUSblog pointed out, at one point Justice Alito asked whether there was some "Platonic ideal of jurisdiction...

Forum Non Conveniens and the "American" Presumption

Posted on December 09, 2008
Judge Posner, writing for a panel of the Seventh Circuit Court of Appeals recently affirmed a district court's dismissal on forum non conveniens of a diversity suit brought under 28 U.S.C. � 1332(d)(2)(C). The plaintiff was a wholly owned subsidiary....

Converting a 12(b)(6) Motion to Dismiss into a Motion for Summary Judgment under FRCP 56

Posted on December 08, 2008
A panel of the Second Circuit Court of Appeals recently reinstated a suit arising out of the 1984 Bhopal, India factory explosion. The district court dismissed all of plaintiff's claims except for one after converting the defendants' motion to dismiss...

Generalized Grievances & Hein v. Freedom from Religion Foundation, Inc.

Posted on December 05, 2008
Regent University Professor Craig Stern recently posted Another Sign from Hein: Does the Generalized Grievance Fail a Constitutional or a Prudential Test of Federal Standing to Sue? on SSRN. Click the article title to download it. The abstract follows: The...

FRE 502: Attorney-Client Privilege And Work-Product Doctrine

Posted on December 05, 2008
New FRE 502 concerns the attorney-client privilege and the work-product doctrine. It became effective September 19, 2008. Federal Evidence Review provides a reference sheet to navigating this new legislation. Click Here The attorney-client privilege and work-product act is explored more...

Should Federal Court Workload Guide Development of Procedural Doctrines?

Posted on December 03, 2008
Nancy Levitt at the University of Missouri School of Law has authored a new article questioning whether we should let administrative concerns, like docket overcrowding, guide the use of doctrines like abstention, preclusion, and summary judgment, which let our federal...

You're not a procedure nerd if ...

Posted on December 03, 2008
You're not a procedure nerd if you don't find this transcript to be a compelling page-turner. It's the oral-argument transcript from the Vaden case, which involves the nature of federal-question jurisdiction and the Federal Arbitration Act, and which is up...

Twombly and Communication

Posted on December 02, 2008
Prof. William H. Page recently posted Twombly and Communication: The Emerging Definition of Concerted Action Under the New Pleading Standards. Click the article title to download the article; the abstract follows: After the Supreme Court's 2007 decision in Bell Atlantic...

Podcasts of Advisory Committee Proceedings Regarding Proposed Changes to Rules 26 and 56

Posted on December 01, 2008
The Advisory Committee is recommending changes to Rule 26 (Duty to Disclose; General Provisions Governing Discovery) and 56 (Summary Judgment). They summarize their proposed changes in this brochure requesting comment. Watch out, though, because the beginning of the summary is...

Personal Jurisdiction and the Internet

Posted on November 25, 2008
A panel of the Eleventh Circuit Court of Appeals recently reversed a district court's grant of a motion to dismiss for lack of personal jurisdiction in a case filed in the Middle District of Florida against a Tennessee resident that...

Federal Jurisdiction in light of Sosa v. Alvarez-Machain

Posted on November 24, 2008
Professor Gwynne Skinner recently published Federal Jurisdiction Over U.S. Citizens' Claims for Violations of the Law of Nations in Light of Sosa. Click the article title to download it. This abstract follows: This article finds that general federal question jurisdiction...

Federal Judicial Center Publishes More Findings on CAFA's Impact

Posted on November 21, 2008
The Federal Judicial Center released the findings from Phase Two of a study on the impact of CAFA on the federal courts: This report presents preliminary findings from Phase Two of the ongoing study of the impact of the Class...

Declaratory Judgments and Claim Preclusion

Posted on November 20, 2008
A panel of the First Circuit Court of Appeals recently reversed a district court finding that a deceptive trade practices claim against an insurance company was barred by res judicata because the claim could have been brought in the plaintiff's...

E-Discovery Symposium

Posted on November 19, 2008
Click the link to download the details of Northern Kentucky's Symposium on E-Discovery. Download northern_kentucky_law_review_spring_symposium.doc --RR

Supplemental-Jurisdiction Article

Posted on November 14, 2008
Prof. Michelle S. Simon recently published Defining the Limits of Supplemental Jurisdiction under 28 U.S.C. s1367: A Hearty Welcome to Permissive Counterclaims. Click the article title to download the article. The abstract follows: In 1990, Congress passed 28 U...

Discovery and Social Networking Sites

Posted on November 14, 2008
Over at Law.com, Ronald J. Levine and Susan L. Swatski-Lebson discuss the current trend of court decisions regarding the discoverability and admissibility of information available on social networking sites. Read the story here.--Counseller

A Call for Papers

Posted on November 05, 2008
We received this call for papers from the Journal of Court Innovation: Dear Colleagues, The Journal of Court Innovation is soliciting articles concerning the future of commercial litigation and e-discovery. Articles can concern the federal or any state justice system...

Levine

Posted on November 03, 2008
The Supreme Court heard oral argument in the Levine case today. Listen to NPR's story on the case here.--Counseller

Daubert and Halloween

Posted on November 01, 2008
It's the day after Halloween, but Mark Herrmann's punny little Halloween-Daubert post is still midly amusing. (Mildly, Mark). Here's an excerpt: "Multidistrict litigation courts are often confronted with evaluating limited or evolving scientific and medical theories and evidence...

Judicial Compensation and the Definition of Judicial Power in the Early Republic

Posted on October 22, 2008
Northwestern Prof. Jim Pfander recently posted Judicial Compensation and the Definition of Judicial Power in the Early Republic on SSRN. Click the article name to download it. The abstract follows: Article III's provision for the compensation of federal judges has...

How to Read the Constitution

Posted on October 20, 2008
The Wall Street Journal has published an excerpt of Justice Clarence Thomas's remarks to the Manhattan Institute last Thursday. The WSJ piece is titled "How to Read the Constitution." Read the piece here.--Counseller

Forum Shopping and the Infrastructure of Federalism

Posted on October 15, 2008
James E. Pfander discusses the advantages of plaintiff win rates through the process of forum shopping in Forum Shopping and the Infrastructure of Federalism posted on SSRN.com.--Counseller

Cert. Granted

Posted on October 14, 2008
Last November, I reported on the HIF Bio case from the Federal Circuit, concluding that "it wouldn't be too surprising for the Supreme Court to take this case, given that it has twice noted the issue's unresolved status and that...

En Banc 5th Circuit decides In Re: Volkswagen

Posted on October 13, 2008
Back in May, we reported on a In Re: Volkswagen of America. The case involved a transfer-of-venue issue that was substantial enough to draw an amicus signed by 14 law professors (neither of us signed). The 5th Circuit released its...

Problems with Proposed Rule 56?

Posted on October 09, 2008
Prof. Adam Steinman recently posted An Ounce of Prevention: Solving Some Unforeseen Problems with the Proposed Amendments to Rule 56 and the Federal Summary Judgment Process. The abstract follows: The Civil Rules Advisory Committee has recently proposed the most significant...

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