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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

Chat with Hazard Gillespie on WSJ law blog.

Posted on July 16, 2008
The folks over at the Wall Street Journal Law Blog recently interviewed Hazard Gillespie. Hazard, now 98, has worked at Davis Polk & Wardwell since cutting his teeth on Erie v. Tompkins as their first summer intern in 1934. Click...

?The Era of Punitive Damages is Not Over?

Posted on July 15, 2008
Ted Frank writes this opinion piece in The Wall Street Journal discussing the recent Exxon decision reducing punitive damages and the effect of the Court?s 1:1 ratio. ?Counseller/nc

6th Cir.: Tax Court Not ?Court?

Posted on July 15, 2008
As noted on Tax Prof Blog and Federal Civil Practice Bulletin, The Sixth Circuit affirmed in Mobley v. Commissioner, No. 07-2019 (6 th Cir. July 08, 2008), that a Tax Court is not a ?court? for purpose of 28 U.S.C....

Rhyme and Reason

Posted on July 10, 2008
As many of you may have already seen on the Wall Street Journal Law Blog, in response to a 465-page racketeering law suit filed in Washington State federal judge Ronald Leighton wrote this limerick: Plaintiff has a great deal to...

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2d Circuit and Renewal of Rule 50 Motion for Judgment as a Matter of Law.

Posted on July 09, 2008
As noted over at Federal Civil Practice Bulletin, the Second Circuit in Brady v. Wal-Mart Stores, Inc., --- F.3d ---, 2008 WL 259736 (2d Cir. July 02, 2008), discusses the prerequisites for a motion for judgment as a matter of...

?Facial Challenges Are Out?

Posted on July 09, 2008
David G. Savage writes this article in July?s issue of the ABA Journal discussing the movement of civil rights cases in the Supreme Court. As he puts it: ?Facial challenges are out. As-applied challenges are in.? Recent cases reveal that...

Justice Kennedy: ?An Accident of History??

Posted on July 08, 2008
David Broder writes an interesting article discussing the career of Justice Kennedy, his appointment to the Supreme Court, and his role as the Court?s ?most influential member.? The full article, which is posted on washingtonpost.com, can be read here...

5th Circuit Proposes Amendment Concerning Admission Fee to Practice

Posted on July 08, 2008
Click here to see the proposed amendment to Fifth Circuit Rule 46.1, concerning admission fees to practice in the Fifth Circuit. The proposed amendment seeks to increase the number of attorneys who are exempt from paying the admission fee. ?Counseller/nc

The Supreme Court Limits the Mentally Ill?s Right of Self-Representation

Posted on July 07, 2008
The New York Times recently published an article entitled "Self-Representation by the Mentally Ill is Curbed," which can be accessed here, that discusses the 7-2 decision of Indiana v. Edwards. This ruling denies mentally ill defendants, who are nonetheless determined...

Supreme Court Just as Divided as Ever

Posted on July 07, 2008
We recently posted a link to an article which noted the lack of 5-4 decisions on the Supreme Court this year as compared to last year. But, an article published Monday on SCOTUSblog looks at the overall statistics of the...

Supreme Court Grants Cert in Foreign Property Attachment Case

Posted on July 07, 2008
The Federal Civil Practice bulletin has recently added a post, which can be access here, regarding the Supreme Court?s granting of cert. in Ministry of Defense and Support for Armed Forces of Islamic Republic of Iran v. Elahi. This case...

Class Actions and Hospital Bills

Posted on July 07, 2008
As noted by Law.com, the third circuit in DiCarlo v. St. Mary?s Hospital recently decided in a unanimous decision to reject a class action suit brought against the hospital by uninsured patients for price gouging. The court reasoned that dismissal...

?When You Got Nothing, You Got Nothing to Lose?

Posted on July 02, 2008
Recently, in a 5-4 opinion, the Court held in Spring Communications Co. L.P. v. APCC Services, Inc., No. 07-552, that a plaintiff that has been assigned the right to pursue a legal claim has standing under Article III, even though...

Punitive Damage Award Limited to 1:1 Ratio

Posted on July 02, 2008
19 years ago, an Exxon supertanker spilled millions of gallons of crude oil off the coast of Alaska. After trial, the jury awarded $287 million in compensatory damages and $5 billion in punitive damages against Exxon. The Ninth Circuit remitted...

Swinging With Kennedy and O?Connor

Posted on July 02, 2008
Over on Slate.com there is an interesting article comparing the swing voting styles of Justices Kennedy and former Justice O?Conner. This article examines the liberal and conservative swings of these two justices in light of important issues such as abortion...

Heller

Posted on June 26, 2008
The Court decided Heller, striking down D.C.'s ban. Justice Scalia wrote for the five-person majority. Click here to visit SCOTUSBlog, whose extensive coverage has already begun. Today was the final opinion day for the Court this term. Am I wrong...

Converting a Rule 12c motion to a rule 56 motion: Sensations Inc. v. City of Grand Rapids

Posted on June 24, 2008
In case you haven?t seen this yet on the Federal Civil Practice Bulletin, the Sixth Circuit recently decided Sensations Inc. v. City of Grand Rapids. There, Plaintiffs-Appellants argued that by considering the legislative record attached to Defendants' motion, the district...

An Eye For Personal Jurisdiction?

Posted on June 20, 2008
In Philips v. Prairie Eye Center, the First Circuit recently held that an eye treatment center did not meet the ?minimum contacts? standard by negotiating an employment contract via e-mail with an eye doctor in the forum state. When addressing...

Republic of Philippines v. Pimentel and FRCP 19b

Posted on June 19, 2008
Last Thursday, the Supreme Court ruled on Republic of Philippines v. Pimentel, holding that Federal Rule of Civil Procedure Rule 19 required the dismissal of an interpleader in the absence of one of the parties, the Republic of the Philippines....

?Out of Bounds? ? Bush Administration?s Executive Privilege Claims

Posted on June 17, 2008
On Slate.com, David Iglesias posted an article titled ?Out of Bounds ? The Bush Administration?s Executive Privilege Claims Almost Make Watergate Look Like a Fond Memory.? To read the entire article discussing executive privilege claims, click here. --Counseller/nc

E.D. Pa. Finds Claim Inadequately Pleaded under Twombly

Posted on June 17, 2008
In George v. American Baptist Churches USA, 2008 WL 226581, the Eastern District of Pennsylvania dismissed Plaintiff?s claim of discriminatory discipline. The only paragraph in the complaint which could possibly be read to state such a claim is paragraph 16,...

2d Cir: Federal Magistrates Lack Power to Remand

Posted on June 16, 2008
Law.com?s Mark Hamblett discusses the Williams v. Beemiller, Inc.case, in his piece, ?2nd Circuit Holds Magistrate Lacks Power to Remand.? In Williams, the Second Circuit challenges a federal magistrate?s power under 28 U.S.C. � 1447 to remand cases to state...

"Of Pre-Service Removals, Yet Again"

Posted on June 16, 2008
Over at Drug & Device Law, Beck and Herrmann note the latest development in a topic we've both been covering: removal games and 28 U.S.C. s1441(b)'s joined-and-served provision. Click here to read today's DDL post; click here to read our...

5-4 Supreme Court Rulings Fade

Posted on June 13, 2008
The New York Times? Linda Greenhouse recently worte a piece here about the absence of 5-to-4 decisions this term. A year ago at this time, the Supreme Court decided thirteen cases by a vote of 5-to-4, but so far this...

Pleading Civil Rights Claims Post-Conley

Posted on June 13, 2008
The Federal Civil Practice Bulletin recently posted an abstract from Professor A. Benjamin Spencer?s article, ?Pleading Civil Rights Claims in the Post-Conley Era.? Spencer (Washington & Lee) attempts to examine and distill the impact of Twombly on pleading standards the...

Taylor v. Sturgell

Posted on June 12, 2008
In Taylor, the Supreme Court rejected the virtual-representation doctrine in the preclusion context and remanded for the lower court to determine whether plaintiff's suit was barred under established preclusion principles. Taylor was the plaintiff in the second of two similar...

Supreme Court disapproves "virtual representation."

Posted on June 12, 2008
Today, the Supreme Court decided Taylor v. Sturgell, which we earlier mentioned here . Justice Ginsburg, writing for a unanimous Court, "disappove[d] the doctrine of preclusion by virtual reprsentation" and vacated the lower-court opinion. More to come on this opinion...

Interview with Bryan A. Garner

Posted on June 12, 2008
Sunday?s editions of The Dallas Morning News included an interview with Bryan A. Garner, author of The Art of Persuasion. Mr. Garner began interviewing eight of the nine Supreme Court justices on legal writing and advocacy two years ago and...

Court Will Review Punitive Damage Case for Third Time

Posted on June 12, 2008
The Supreme Court will review a $79.5 million punitive damages award against Philip Morris USA in a suit brought by the widow of a smoker who died of cancer in 1997. With interest, the award has grown to about $145...

Jurors and Sudoku

Posted on June 10, 2008
This link needs little introduction: The game's Up: jurors playing Sudoku abort trial. (Hat Tip to How Appealing)--RR

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