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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

Judge or Jury

Posted on June 09, 2008
Last week, the Seventh Circuit decided Pavey v. Conley, a case worth reading for its analysis of whether judges or juries resolve disputed fact questions. There, a prisoner alleged excessive force in his s1983 claim. Defendants answered, asserting that the...

E-Discovery: waivers and key words

Posted on June 06, 2008
Click here to read a recent ABA Journal article about waiving privilege in E-discovery by using untested key words. The article begins: "A federal magistrate in Baltimore has ruled a company sued for infringement has no attorney-client privilege in 165...

Longhorn Justice

Posted on June 05, 2008
Check out the following order. --RR

Chat With Scalia on WSJ law Blog:

Posted on June 02, 2008
As part of our ongoing coverage of the Scalia media blitz, I wanted to point out that at the Wall Street Journal Law Blog there's a Q and A with Justice Scalia. Part one is on ?Knowing your audience, and...

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?Stark Contrasts Between McCain and Obama in Judicial Wars?

Posted on May 30, 2008
This piece by Neil A. Lewis was in yesterday?s New York Times. Lewis makes the point that, in McCain?s 22 years in the Senate, he has not been a major player in the judicial wars. He has supported recent judicial...

Personal Jurisdiction in the Clemens case

Posted on May 29, 2008
Yesterday's Houston Chronicle discusses defendant's (McNamee's) territorial-jurisdiction challenge in the Roger Clemens defamation case. Arguing that McNamee purposefully directed his tortious conduct at a known Texas resident, Clemens's lawyer was quoted as saying "It's only fair McNamee should have to...

The Significance of Philip Morris v. Williams

Posted on May 28, 2008
In the most recent issue of the NYU Survey of American Law, Professor Michael Allen, Stetson University College of Law, published Of Remedy, Juries, and State Regulation of Punitive Damages: The Significance of Philip Morris v. Williams. Part I of...

New Redish article on construing The Rules Enabling Act

Posted on May 26, 2008
Prof. Martin Redish and Dennis Murasko recently posted The Rules Enabling Act and the Procedural-Substantive Tension: A Lesson in Statutory Interpretation. The article will appear in Volume 93 of the Minnesota Law Review, and its abstract follows: The Rules Enabling...

Case Watch: In Re: Volkswagen of America

Posted on May 23, 2008
Yesterday, the Fifth Circuit heard en banc oral argument in In Re: Volkswagen of America. Of interest in the case is this amicus brief, signed by 14 law professors, filed in support of respondents. The issue concerns the proper transfer...

Katrina Still Making Waves

Posted on May 22, 2008
I wish I had brought this case to your attention a bit sooner (better late than never, I suppose), but the Fifth Circuit issued an opinion last month you might want to take a look at. In Louisiana v. AAA...

My State's High Court is Better Than Yours!

Posted on May 22, 2008
Profs Choi, Gulati, and Posner have posted on SSRN their new article, Which States Have the Best (and Worst) High Courts?, which ranks the high courts of the fifty states based on their performance between 1998-2000. Criteria used to evaluate...

SCOTUS Watch: May 22 Conference

Posted on May 21, 2008
On Thursday, May 22, 2008, the Supreme Court will hold a conference to consider petitions in a number of cases, including several of interest to CivPro folks. T-Mobile USA, Inc., et al. v. Laster, et al., 07-976: Whether, under the...

D.C. Cir: U.S. Currency Discriminates Against Blind

Posted on May 20, 2008
This morning the D.C. Circuit issued its opinion in The American Council of the Blind v. Paulson in which it held that U.S. currency discriminates against the visually impaired in violation of the Rehabilitation Act, 29 U.S.C. s 794. Here...

Inquiry into the Merits at the Class Certification Stage

Posted on May 20, 2008
You might want to give In re New Motor Vehicles Canadian Export Antitrust Litigation a read. The First Circuit discusses the degree of inquiry into the merits that is required at the class certification stage. The Supreme Court has yet...

Solicitor General Urges Court to Refuse Review of Collateral Order Doctrine Case

Posted on May 19, 2008
On Friday, the United States Solicitor General urged the court to refuse to hear Exxon Mobil, et al., v. Doe, et al. (07-81), a lawsuit filed by Indonesians who claim guards at an Exxon Mobil natural gas plant abused them....

The Anonymous Justice Souter

Posted on May 16, 2008
Justice Souter has a reputation of avoiding the spotlight in an age when justices write autobiographies, go on book tours, and give interviews. Recently Bloomberg.com posted an interesting piece, Souter Protects Anonymity as Court Colleagues Seek Spotlight...

Who Would the Presidential Candidates Bring into the Justice Department?

Posted on May 15, 2008
With the presidential election less than six months away, each of the three presidential candidates is considering who they would bring into the Justice Department. Last week, Senator John McCain released a list of 48 legal advisers and has been...

No Quorum

Posted on May 14, 2008
On Monday, the Supreme Court was forced under 28 U.S.C. � 1 to affirm the Second Circuit?s decision in American Isuzu Motors, Inc.v. Ntsebeza and allow South African citizens to proceed in a lawsuit against American and foreign corporations. The...

Claim Preclusion and the Contract Disputes Act of 1978

Posted on May 13, 2008
You may have noticed the case of Phillips/May Corp. v. United States thanks to the folks over at the Appellate Review Blog, but, if not, here is a link to the decision out of the Federal Circuit on whether the...

Making His Case?

Posted on May 12, 2008
So why did Justice Scalia co-author and promote a book on legal persuasion? Here Dahlia Lithwick discusses on Slate.com (with a different version in this week?s Newsweek) what she sees as the possible motivation for Justice Scalia?s book and the...

Judicial Hellholes, Lawsuit Climates, and Bad Social Science ...

Posted on May 07, 2008
Prof. Elizabeth Thornburg recently posted her article, Judicial Hellholes, Lawsuit Climates, and Bad Social Sciences: Lessons from West Virginia on SSRN. The abstract of the article, which has been accepted for publication in Vol. 110 of the West Virginia Law...

Making Your Case

Posted on May 06, 2008
We posted here about Justice Scalia's and Brian A. Garner's new book, Making Your Case: the Art of Persuading Judges. Justice Scalia's been all over the place promoting the book, including on 60 Minutes, as we mentioned here. Now, the...

Alien Corporations

Posted on May 01, 2008
For purposes of 28 U.S.C. s1332, what is the citizenship of a corporation that is incorporated domestically and that has its principal place of business abroad? Yesterday, the Seventh Circuit correctly concluded that such a corporation is only a citizen...

MDL Transfer After Section 1404 Denial

Posted on May 01, 2008
If a trial court denies a party's section 1404 venue-transfer motion, should that ruling preclude the Judicial MDL panel from transferring under section 1407? Beck and Herrmann discussed the issue Wednesday. --RR

D.C. Circuit Joins the Twombly Fray

Posted on April 30, 2008
Prof. Scott Dodson has written for us before on Twombly (and other subjects). He has this to say about a recent D.C. Circuit case: There has been much discussion on the impact of Bell Atlantic v. Twombly, which set a...

Preliminary Draft of Proposed Amendments to Federal Rules

Posted on April 29, 2008
The Advisory Committee has proposed amendments to the federal rules, including the Rules of Civil Procedure, and the public-comment period is open. You can read the Summary for Bench and Bar here and read Ben Spencer's post on the topic...

Justice Scalia and 60 Minutes

Posted on April 28, 2008
Last night, 60 Minutes broadcast its interview with Justice Scalia. You can read a short piece on the interview and watch about thirty minutes of interview footage here. Below is a transcript of a portion of Lesley Stahl's introduction.--Counseller Not...

"I try not to read that many cases"

Posted on April 25, 2008
In case you haven't seen it, check out this story, which involves the following exchange at a recent 5th Circuit oral argument: Judge: You don?t know Morgan? Phipps: Nope. Judge: You haven?t read it? Phipps: I try not to read...

Petitions to Watch

Posted on April 23, 2008
SCOTUS Blog has a recurring feature called Petitions to Watch, which is an attempt to predict the petitions the court is likely to grant. Of particular interest to our readers will be the petitions in two cases involving federal court...

What Twombly and Mead have in Common

Posted on April 21, 2008
Prof. Amy J. Wildermuth recently posted an essay on the Northwestern Colloquy, titled What Twombly and Mead Have in Common. Thanks to Editor Kristin Feeley for the heads-up and the following summary: Professor Amy Wildermuth discusses the similarity between the...

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