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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

Wasserman on Iqbal and Procedural Mismatches

Posted on March 25, 2010
Howard Wasserman (Florida International) has posted on SSRN his recent symposium piece, Iqbal, Procedural Mismatches, and Civil Rights Litigation, 14 Lewis & Clark L. Rev. 157 (2010). Here's the abstract: Understanding the twin pleading cases of Bell Atlantic Corp...

Luppi & Parisi on Litigation and Legal Evolution

Posted on March 24, 2010
Professor Barbara Luppi (Universitå degli studi di Modena e Reggio Emilia Facolta di Economia) and Professor Francesco Parisi (University of Minnesota Law School) have posted "Litigation and Legal Evolution: Does Procedure Matter?" on SSRN. The abstract states: Gordon Tullock?s critique...

Judge Hellerstein Rejects Proposed 9/11 First Responders' Settlement

Posted on March 22, 2010
The New York Law Journal reports here. Judge Hellerstein indicated that the settlement formula was too complicated for each individual plaintiff and that the attorneys' fees (33% of each award) were too high. This will be an interesting story to...

Solimine on Ex Parte Young

Posted on March 22, 2010
Professor Michael E. Solimine (University of Cincinnati College of Law) has posted "Ex Parte Young: An Interbranch Perspective" on SSRN. It is published in the University of Toledo Law Review. The abstract states: Ex parte Young (1908) is an honored....

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Vote of Egyptian Constitutional Court opens door for the appointment of women judges in Egypt

Posted on March 18, 2010
On Sunday, Egypt's Constitutional Court issued an opinion opening the door for the appointment of women judges in Egypt by reversing a previous decision by the General Assembly of State Council to exclude women from the judiciary. The General Assembly...

Giesen on Burdens of Proof in European Tort Law

Posted on March 18, 2010
Ivo Giesen (Utrecht University) has posted The Reversal of the Burden of Proof in the Principles of European Tort Law: A Comparison with Dutch Tort Law and Civil Procedure Rules to SSRN. Abstract: Although it is not one of its...

Judicial Conference Approves More Free Access to Federal Court Documents

Posted on March 17, 2010
The National Law Journal's Blog of LegalTimes (BLT) reports here that the Judicial Conference voted to approve greater free access to federal court documents. Under the new rule, members of the public will be able to have free access to...

Nagareda on Pre-Trial as Trial in Complex Litigation

Posted on March 17, 2010
Richard Nagareda (Vanderbilt University School of Law) has posted 1938 All Over Again? Pre-Trial as Trial in Complex Litigation to SSRN. Abstract: This Essay for the Sixteenth Annual Clifford Symposium analyzes the transformation of the pre-trial process for complex civil...

Iqbal and Strange Bedfellows?

Posted on March 16, 2010
The Blog of the Legal Times is reporting an interesting development on the effort to legislatively overrule the Supreme Court's pleading decisions in Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly (see earlier coverage here, here, here, here, and...

Spottswood on Hearings

Posted on March 16, 2010
Mark Spottswood (Northwestern) has posted on SSRN his article Hearings. Here's the abstract: This article explores a constantly recurring procedural question: When is fact-finding improved by a live hearing, and when would it be better to rely on a written...

Nash on Instrument Choice in Federal Jurisdiction

Posted on March 15, 2010
Jonathan Remy Nash (Emory University) has posted Instrument Choice in Federal Jurisdiction: Rules, Standards, and Discretion to SSRN. Abstract: Congress and the federal courts have traditionally adopted rules, as opposed to standards, to establish the boundaries of federal district court...

Health Care Reform's Fate Hinges on Civil Procedure "Whiz"

Posted on March 15, 2010
This weekend's New York Times piece Parliamentarian in Role as Health Bill Referee begins with the following story from Alan S. Frumin's law school days: "To his classmates, one trait stood out. He was a whiz at mastering the mind-numbing...

Nichol on Equal Access to the Civil Justice System

Posted on March 13, 2010
Professor Gene R. Nichol, Jr. (University of North Carolina School of Law) posted "Judicial Abdication and Equal Access to the Civil Justice System" on SSRN. It will be published in Case Western Reserve Law Review. The abstract states: The massive...

Ground Zero Workers cases set for settlement

Posted on March 12, 2010
The New York Times reports here and the New York Law Journal reports here. RJE

Pleading Standards and Bernie Madoff

Posted on March 12, 2010
The SEC's civil action against defendants allegedly involved in the Madoff ponzi scheme ran up against federal pleading standards in a recent decision from the Southern District of New York. The case is SEC v. Cohmad Securities Corp., No. 09-CV-5680,...

Spencer on Iqbal and Restrictive Procedure

Posted on March 11, 2010
Professor Benjamin Spencer (Washington & Lee University School of Law) posted "Iqbal and the Slide Toward Restrictive Procedure" on SSRN. It will be published in the Lewis & Clark Law Review. The abstract states: Last term, in Ashcroft v. Iqbal,...

Choi, Gulati, & Posner on What Federal District Judges Want

Posted on March 11, 2010
Professors Stephen J. Choi (NYU School of Law), G. Mitu Gulati (Duke University School of Law), and Eric A. Posner (University of Chicago Law School) posted "What do Federal Judges Want? An Analysis of Publications, Citations, and Reversals" on SSRN....

Hartnett on Responding to Twombly and Iqbal

Posted on March 11, 2010
Professor Edward Hartnett (Seton Hall) has posted on SSRN his essay Responding to Twombly and Iqbal: Where Do We Go from Here?, to be published later this month in the Iowa Law Review Bulletin. Here's the abstract: As reflected in...

Consolidating the Toyota Lawsuits: Let the Jostling Begin

Posted on March 11, 2010
Almost as predictable as the fact that Toyota is facing a multitude of lawsuits is the fact that lawyers will begin an intense campaign to determine where and how the lawsuits will be consolidated, and which lawyers will win the...

Abebe and Posner on Foreign Affairs Legalism

Posted on March 10, 2010
Daniel Abebe (University of Chicago Law School) and Eric Posner (University of Chicago Law School) have posted Foreign Affairs Legalism: A Critique to SSRN. Abstract: Foreign affairs legalism, the dominant approach in academic scholarship on foreign relations law, holds that...

Wanted: Law Professors To Sign On To SCOTUS Amicus Brief

Posted on March 09, 2010
See announcement below: Max Huffman (Indiana) and Austen Parrish (Southwestern) have written an amicus brief in the case British American Tobacco v. United States in support of a petition for cert. The cert. petition is part of a massive case...

SCOTUS Grants Cert in Vaccine Preemption Case

Posted on March 08, 2010
The BNA reports here: Bruesewitz v. Wyeth, No. 09-152. Does Section 22(b)(1) of the 1986 National Childhood Vaccine Injury Act, which states that "[n]o vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury...

Chin and Lindenbaum on the SCOTUS Special Docket

Posted on March 08, 2010
Gabriel Chin (University of Arizona School of Government and Public Policy) and Sara Lindenbaum (University of Arizona College of Law) have posted Reaching Out to Do Justice: The Rise and Fall of the Special Docket of the U.S. Supreme Court...

Claim Against Donald Rumsfeld Survives Motion to Dismiss (and Iqbal)

Posted on March 08, 2010
Last week Judge Wayne Andersen of the U.S. District Court for the Northern District of Illinois denied former Secretary of Defense Donald Rumsfeld's motion to dismiss a lawsuit that was filed against him by two contractors who allege they were...

Act of State Doctrine in Australia

Posted on March 07, 2010
Over at Prawfsblawg, Evan Criddle has a good post about a recent case from the Australian Federal Court that discusses the act of state doctrine. From the post: Without attempting to recount the various opinions of the Federal Court (Black...

Chamblee Burch on Procedural Adequacy

Posted on March 06, 2010
Professor Elizabeth Chamblee Burch (Florida State University College of Law) has posted "Procedural Adequacy" on SSRN. It will be published in the Texas Law Review. The abstract states: This short piece responds to Jay Tidmarsh?s article, Rethinking Adequacy of Representation,...

Hot Off The Presses: Recent Articles of Interest

Posted on March 04, 2010
With a hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Hon. Armand Arabian, The Sexual Assault Counselor-Victim Privilege: Jurisdictional Delay into an Unclaimed Sanctuary, 37 Pepp. L. Rev. 89...

Tamanaha on Quantitative Studies of Judging

Posted on March 04, 2010
Brian Z. Tamanaha (Washington University School of Law) has posted Devising Rule of Law Baselines: The Next Step in Quantitative Studies of Judging to SSRN. Abstract: Political scientists and law professors have lately taken to asserting that quantitative studies of...

Kundis Craig on Standing and Environmental Law

Posted on March 04, 2010
Professor Robin Kundis Craig (Florida State University College of Law) has posted "Standing and Environmental Law: An Overview" on SSRN. The abstract states: Standing has long been one of the most common constitutional challenges in federal environmental cases...

Van Boom on the Role of the European Insurance Industry in Funding Civil Litigation

Posted on March 03, 2010
Professor Willem H. Van Boom (Erasmus University Rotterdam School of Law) posted "Juxtaposing BTE and ATE--on the Rule of the European Insurance Industry in Funding Civil Litigation" on SSRN. The abstract states: One of the ways in which legal services...

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