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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

Fifth Circuit Rules on the Citizenship of a LLC for Purposes of Diversity Jurisdiction:

Posted on September 30, 2008
As noted on Federal Civil Practice Bulletin, the Fifth Circuit in Harvey v. Grey Wolf Drilling Co., --- F.3d ----, 2008 WL 4194538 (5th Cir. Sept. 15, 2008) joined the First, Second, Fourth, Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits...

Recent Scholarship

Posted on September 29, 2008
The following two articles might interest our readers: Prof. Paul Lund, Federally-Chartered Corporations and Federal Jurisdiction Prof. Austen Parrish, Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants --RR

Regulatory Competition, Venue and Delaware's Stake in Corporate Law

Posted on September 25, 2008
Delaware has a near monopoly on desirability for incorporation. However, this monopoly might be faltering with the increase in the fight over venue. Faith Stevelman posted Regulatory Competition, Venue and Delaware's Stake in Corporate Law on SSRN.com looking at the...

Sponge Bob to the Rescue

Posted on September 18, 2008
Hurricane Ike has significantly damaged the Texas coast, including the city of Houston, home to law firm Vinson & Elkins. Many of Houston's millions of residents are still without power and other basic services. To help lawyers cope with problem,...

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Preservice Removals and Appellate Review

Posted on September 16, 2008
While we've occasionally posted about preservice removals, Beck and Herrmann have done the heavy lifting. In today's installment, they ask for appellate guidance. Lower courts are split on whether a case can be removed when it contains a forum-state-citizen defendant...

Balancing the Pleading Equation

Posted on September 15, 2008
Paul J. Stancil posted Balancing the Pleading Equation on SSRN, which explores the asymmetries of cost and information in the pleading system and how to strike the right balance between these considerations.--Counseller

"To the extent it is correct"

Posted on September 15, 2008
Recently, the Sixth Circuit decided In re Hamilton, a case involving interesting questions of preclusion, Rooker-Feldman, the Anti-Injunction Act, and discharge in bankruptcy. Essentially, the bankruptcy court declared some debts discharged. Later, a state court decided against tthe debtor, interpreting...

OK, Discovery?s a Problem, But What Can Be Done About It?

Posted on September 12, 2008
Martha Neil has written a piece titled OK, Discovery?s a Problem, But What Can Be Done About It? on abajournal.com. The piece looks at the problems facing the discovery process and explores various possible solutions.--Counseller

'U Can't Touch This' Litigation Hold

Posted on September 12, 2008
Check out 'U Can't Touch This' Litigation Hold by Stanley P. Jaskiewicz over at LAW.com. The piece explores the IT litigation hold and how the Federal Rules of Civil Procedure deal with the problem of litigation holds and ever expanding...

"A Unified Theory of 28 U.S.C. s1331 Jurisdiction"

Posted on September 10, 2008
Click here to download A Unified Theory of 28 U.S.C. s1331 Jurisdiction, which Michigan State Law Prof Lou Mulligan recently posted on SSRN. The abstract follows: Title 28, section 1331 of the United States Code provides the jurisdictional grounding for...

Court or Arbitrator - Who Decides Whether Res Judicata Bars Subsequent Arbitration Under the Federal Arbitration Act?

Posted on September 08, 2008
Jarrod Wong posted Court or Arbitrator - Who Decides Whether Res Judicata Bars Subsequent Arbitration Under the Federal Arbitration Act? on SSRN, which looks at the Federal Arbitration Act and examines whether courts or arbitrators determine the impact of the...

Erie and the History of the One True Federalism

Posted on August 28, 2008
Susan A. Bandes has posted Erie and the History of the One True Federalism on SSRN, which reviews Ed Purcell's book, Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-Century America...

Fraudulent Joinder: Right versus Obligation to Remove

Posted on August 25, 2008
Fraudulent joinder is a familiar removal tool for defendants. The doctrine establishes a right to remove by disregarding a jurisdictional spoiler's citizenship. And 30 days is a familiar removal deadline for defendants: the removal statute's 30-day clock starts ticking from...

City of Cleveland v. Deutsche Bank Trust Co.

Posted on August 19, 2008
"For procedural jocks, life don't get much better than this," say Beck and Herrmann yesterday, reporting on a recent removal/remand decision. Click here to read their summary and find a link to the decision, which addresses everything from the timing...

A new comment to an old post

Posted on August 18, 2008
Back in June, Prof. Counseller wrote about a personal-jurisdiction case styled Phillips v. Prarie Eye Center from the First Circuit. We recently received the following comment and thought we should bump it to the top in case folks want to...

Standing Committee Requests Comments on Proposed Rules' Amendments

Posted on August 15, 2008
Ben Spencer reports here.

Cross-Jurisdictional Class-Action Tolling Scorecard

Posted on August 08, 2008
Does filing an unsuccessful class action in one jurisdiction toll the limitations periods for potential plaintiffs in another jurisdiction? Beck and Herrmann have done the research for you -- and have posted a "scorecard." --RR

Class-Action Reading

Posted on August 07, 2008
Blum v. General Electric contains an interesting blend of procedure and contract law. There, some class members had earlier entered into a "Stipulation of Dismissal of Certain Plaintiffs' Claims Without Prejudice." In that earlier litigation, the parties agreed to the...

E-Discovery Symposium - Call for Papers

Posted on August 06, 2008
FYI: Chase College of Law Northern Kentucky University Law Review Call for Papers and Panelists E-discovery Symposium ? Saturday, February 28, 2009 Chase College of Law?s Northern Kentucky University Law Review welcomes proposals of both articles and panel presentations for...

Two cases on sanctions

Posted on August 05, 2008
Two recent Seventh Circuit cases involving sanctions deserve a read: In de Manez v. Bridgestone, in the context of forum non conveniens, the parties fought about whether Mexican courts were an available alternative forum. "The evidence showed that plaintiffs' U...

Speaking of the Second Branch

Posted on August 01, 2008
This week, yet another court remanded a case to state court because Grable was not satisfied. In Singh v. Duane Morris LLP, the Fifth Circuit held that second-branch jurisdiction did not extend to plaintiff's malpractice claim. Suit one was a...

Comments Appreciated

Posted on August 01, 2008
For those interested, I've posted a revised draft on SSRN of my most recent article: It's Just Not Worth Searching for Welcome Mats with a Kaleidoscope and a Broken Compass. If you have comments, please do e-mail them. The abstract...

Return to blogging

Posted on July 31, 2008
It's time to catch up on the reading list and return to blogging. As I proceed through my list, I'll link to the decisions and articles I think will interest our readers. For today, readers might be interested in the...

Prof. McMillan Posts New Article

Posted on July 22, 2008
The American Journal of Trial Advocacy recently published Prof. Lance McMillian's new article on frivolous litigation--The Nuisance Settlement 'Problem': The Elusive Truth and a Clarifying Proposal. The article challenges the conventional wisdom that nuisance/frivolous litigation is a widespread problem...

Texas Questions World Court?s Jurisdiction

Posted on July 21, 2008
As reported on SCOTUSblog and the Wall Street Journal Law Blog, the World Court, also known as the International Court of Justice, ordered the U.S. to stop the execution of five Mexican nationals currently residing on Texas? death row. This...

D.C. Council?s Response to Heller

Posted on July 21, 2008
As noted on SCOTUSblog, in response to D.C. v. Heller, the Washington, D.C., council recently made available the final versions of its new gun laws. View SCOTUSblog?s coverage and a link to the new laws here. ?Counseller/eh

Why Potential Jurors Should not Curse Judges

Posted on July 18, 2008
How Appealing has recently posted an article entitled, ?Woman Gives Judge Earful, Lands in Jail.? This article discusses how a 23-year old woman called the presiding judge a two-syllable curse word in front of 178 potential jurors because she was...

Important Cases Denied Cert by the Supreme Court

Posted on July 18, 2008
SCOTUSblog recently added a post, The Grants That Got Away, which discusses how the Justices heard oral argument in 70 cases. This amount is fewer than any term in more than half a century. This post goes on to discuss...

Exxon Uninterested in Interest

Posted on July 17, 2008
In further Exxon v. Baker news, as pointed out on SCOTUS Blog, the oil giant has asked the Supreme Court to forbid the class of fishermen and others harmed by the Exxon Valdez spill from collecting around $488 million in...

5th Circuit Vacates Order of Monetary Sanctions

Posted on July 16, 2008
In Marlin v. Moody Nat. Bank, 2008 WL 2568823 (5th Cir. 2008), the Fifth Circuit held that a district court abused its discretion in ordering the plaintiffs to pay $640,000 in monetary sanctions because Fed. R. Civ. P. 11 was...

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