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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

SCOTUS Issues Arbitration Decision in Rent-A-Center

Posted on June 21, 2010
The Supreme Court has issued its decision in Rent-A-Center, West Inc. v. Jackson, No. 09-497. Holding: An arbitrator, not a court, is empowered to decide whether an arbitration agreement as a whole, signed as a condition of employment and including...

Decision of Interest on Class Action Settlements

Posted on June 18, 2010
Howard Bashman at How Appealing reports on this week?s Third Circuit decision in Ehrheart v. Verizon Wireless. In a 2-1 decision, the court held that the class settlement agreement was enforceable notwithstanding the passage of a federal statute that retroactively...

Jayasurya on Judicial Accountability and Transparency in India

Posted on June 17, 2010
Professor Gautam Jayasurya (Rajiv Gandhi National University of Law) has posted "Judicial Accountability and Judicial Transparency: Challenges to Indian Judiciary" on SSRN. The abstract states: Indian polity is under severe strain. Faith of the people in the quality, integrity and...

University of Toronto Law Journal: Special Issue on Judicial Review

Posted on June 17, 2010
Readers may be interested in some of the contributions to the recently published special issue of the University of Toronto Law Journal, which includes: Editors? Note David Dyzenhaus, Adam Tomkins The Role Of The Courts In The Political Constitution Adam...

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Kelso & Kelso on Judicial Decision-Making and Judicial Review

Posted on June 16, 2010
Professors Charles D. Kelso (University of the Pacific McGeorge School of Law) and R. Randall Kelso (South Texas College of Law) have posted "Judicial Decision-Making and Judicial Review: The State of the Debate, Circa 2009" on SSRN. It will be...

Gulf Spill: "Un"cooperative Federalism?

Posted on June 15, 2010
Today's New York Times features the story Efforts to Repel Gulf Oil Spill Described as Chaotic. The article documents the difficulties that private parties and various levels of government authorities have faced in coordinating control and cleanup efforts...

Hot Off The Presses: Recent Articles of Interest

Posted on June 15, 2010
With a hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Daniel A. Farber, Justice Stevens, habeas jurisdiction, and the war on terror, 43 UC Davis L. Rev. 945 (2010)...

Call for Papers: AALS Section on Remedies

Posted on June 15, 2010
Call for Papers AALS Section on Remedies Rebirth of the Irreparable Injury Rule? 2011 AALS Annual Meeting San Francisco, California Saturday January 8, 2010 8:30-10:15 am The AALS Section on Remedies will hold a program entitled ?Rebirth of the Irreparable...

SCOTUS: Two Decisions of Interest

Posted on June 14, 2010
Today, the Supreme Court issued two opinions in cases that might be of interest to civil procedure and federal courts professors: Astrue v. Ratliff, No. 08-1322. An attorneys' fee award under the Equal Access to Justice Act, 28 U.S.C. �2412(d),...

Bone on Procedure, Participation, and Rights

Posted on June 14, 2010
Professor Robert G. Bone (University of Texas School of Law) has posted "Procedure, Participation, Rights" on SSRN. It will be published in the Boston University Law Review. The abstract states: This essay is a contribution to a symposium on Professor...

Reminder: Happy Hour Tomorrow Night at Ardesia

Posted on June 10, 2010
Hello, Blog Readers. The AALS Mid-Year Meeting begins tomorrow. As announced last week, we here at the Civil Procedure and Federal Courts Profs Blog invite you to join us for happy hour on Friday, June 11 at 7:00 P.M. at...

New Settlement Agreement for Ground Zero Workers

Posted on June 10, 2010
The New York Times reports here that a new settlement agreement has been reached that would compensate about 10,000 ground zero rescue and cleanup workers. This new settlement follows an earlier settlement agreement that was rejected as inadequate by United...

Moore on Legal Ethics and the ALI's Aggregate Litigation Principles

Posted on June 10, 2010
Prof. Nancy Moore (Boston University) has posted on SSRN her essay, The Absence of Legal Ethics in the ALI's Principles of Aggregate Litigation: A Missed Opportunity - And More, 79 George Washington L. Rev. (forthcoming 2010). Here's the abstract: There...

Central States Law Schools Association 2010 Conference Call for Papers & Mentorship Program Announcement

Posted on June 09, 2010
The following is the call for papers and announcement of a mentorship program for junior scholars: The Central States Law Schools Association 2010 conference will be held September 24 and 25, 2010, in Grand Forks, North Dakota, hosted by the...

Senate Consideration of Oil Spill Liability Cap

Posted on June 09, 2010
This week the U.S. Senate has been holding hearings to consider legislation that would lift or alter the liability cap for oil spills. Under the 1990 Oil Pollution Act (33 U.S.C. s. 2704), BP's liability is limited to $75 million...

Hot Off The Presses: Recent Articles Of Interest

Posted on June 08, 2010
With a hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Robert G. Bone, Plausibility pleading revisited and revised: a comment on Ashcroft v. Iqbal, 85 Notre Dame L. Rev....

For those with a continuing interest in the Bhopal Disaster

Posted on June 07, 2010
The BBC reports that eight former employees of the Union Carbide plant in Bhopal, India have been sentenced to two years in jail a piece. The charge was "death by negligence." RJE

SCOTUS Decision in Krupski v. Costa Crociere: Relation Back Under FRCP 15(c)

Posted on June 07, 2010
Today the Supreme Court issued a unanimous decision in Krupski v. Costa Crociere S.p.A (09-337), covered earlier here and here. The opinion, per Justice Sotomayor, begins: "Rule 15(c) of the Federal Rules of Civil Procedure governs when an amended pleading...

Mullenix on Shady Grove

Posted on June 04, 2010
Prof. Linda Mullenix (Texas) has a piece this week in the National Law Journal entitled "Federal class actions don?t yield to state laws" that examines the recent Supreme Court decision in Shady Grove Orthopedic v. Allstate Insurance (covered earlier here)...

AALS Mid-Year Meeting Happy Hour!

Posted on June 03, 2010
Hello, Blog Readers. Next week many of you will be converging on New York City for the AALS Mid-Year Meeting which features the civil procedure workshop. In honor of this momentous event, we here at the Civil Procedure and Federal...

Hot Off The Presses: Recent Articles of Interest

Posted on June 03, 2010
With hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Rory Bahadur, Electronic discovery, informational privacy, Facebook and utopian civil justice, 79 Miss. L.J. 317 (2009) Steven C. Bennett &...

9/11 Lawyers Offer to Reduce Attorneys' Fees in Settlement

Posted on June 02, 2010
A few months ago, the lawyers representing the first responders, recovery workers, and contractors at Ground Zero came to a draft settlement with lawyers for NYC, the captive insurer, and other defendants. After the parties presented the proposed settlement to...

Clermont on Twombly-Iqbal's Myths

Posted on June 02, 2010
Prof. Kevin Clermont (Cornell) has posted on SSRN his essay Three Myths About Twombly-Iqbal. Here's the abstract: This essay tries to convey the meaning of the recent revolutionary cases on federal pleading law. To do so, it refutes the three...

Bromby on Jurors' Activities Outside the Courtroom

Posted on June 02, 2010
Professor Michael C. Bromby (Glasgow Caledonian University Department of Law) has posted "The Temptation to Tweet--Jurors' Activities Outside the Trial" on SSRN. The abstract states: Despite jury instructions designed to prevent jurors from commenting upon the trial, their deliberations or...

Hurricane Katrina, Global Warming, and the Fifth Circuit's Quorum Conundrum

Posted on June 01, 2010
A very interesting and puzzling development in Comer v. Murphy Oil USA, a class action lawsuit against a number of chemical and energy companies. As a three-judge Fifth Circuit panel described the case: "The plaintiffs allege that defendants? operation of...

Choi, Gulati, and Posner on Judicial Ability and Securities Class Actions

Posted on May 31, 2010
Stephen J. Choi (NYU School of Law), G. Mitu Gulati (Duke University School of Law) and Eric Posner (University of Chicago Law School) have posted Judicial Ability and Securities Class Actions to SSRN. Abstract: We exploit a new data set...

Bybee and Pincock on How the State "Sells" its Judiciary

Posted on May 31, 2010
Professor Keith J. Bybee (Syracuse University College of Law) and Heather Pincock have posted "Efficient, Fair, and Incomprehensible: How the State 'Sells' Its Judiciary" on SSRN. The abstract states: Sociolegal scholars often approach dispute resolution from the perspective of the...

Call for Papers: International Conference on Judicial Cooperation Among Courts in Europe and the US

Posted on May 29, 2010
The following Call for Papers has been issued for the International Conference on Judicial Cooperation Among Courts in Europe and U.S.: A Comparative Approach: The International Conference on Judicial Cooperation Among Courts in Europe and U,S.: a Comparative Approach will...

Faculty Hiring Announcement: McGill University

Posted on May 28, 2010
McGill University's Faculty of Law anticipates making one or more entry-level tenure-track hires. One area of emphasis is civil procedure. Below is the full announcement: McGill University?s Faculty of Law invites applications from candidates with a strong commitment to innovation...

Gulf Spill Litigation: To Stay or Not to Stay

Posted on May 27, 2010
The National Law Journal reports that two federal judges have come to opposite rulings about whether to stay litigation until decisions about consolidation are made and more potential lawsuits are filed. As I have written previously, I believe that courts...

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