2016-03-19 18:53
Brooke Coleman (Seattle) has just posted an essay entitled Abrogation Magic: The Rules Enabling Act, Civil Rule 84, and the Forms on SSRN. Here is the abstract:The Committee on the Fed… Read More
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A blog dedicated to federal civil practice and procedure.
2016-03-19 18:53
Date: August 27, 2013 … Read More
2016-03-19 18:53
From BNA's Supreme Court Today:Standard Fire Insurance Co. v. Knowles, No. 11-1450: A would-be class plaintiff's stipulation that he and the class he seeks to represent will not seek damages… Read More
2016-03-19 18:53
Professor Louis Kaplow (Harvard) has posted an article entitled Multistage Litigation on SSRN. Here is the abstract:Legal proceedings often involve multiple stages: U.S. civil litigati… Read More
2012-11-27 14:41
Professors Samuel Issacharoff and Geoffrey Miller (both of NYU) have just posted an article entitled An Information-Forcing Approach to the Motion to Dismiss on SSRN. Here is the abstr… Read More
2012-09-12 19:39
Professor Brooke Coleman (Seattle) has recently posted her forthcoming piece on the right to counsel, Prison is Prison, which will be published in the Notre Dame Law Review. Here is th… Read More
2012-08-22 14:59
Equivio, an e-discovery vendor, has produced a white paper discussing the best practices in predictive coding. Registration is required to view the paper. Here is a description:Predict… Read More
2012-08-15 15:44
Professor Lonny Hoffman (Houston) has just posted an Article entitled Rulemaking in the Age of Twombly and Iqbal. Here is the abstract:In this article I am essentially trying to answer… Read More
2012-08-14 23:38
2013 NEW VOICES IN CIVIL JUSTICE SCHOLARSHIP WORKSHOPCALL FOR PAPERSVanderbilt Law School’s Branstetter Litigation & Dispute Resolution Program invites submissions for its annual N… Read More
2012-08-13 17:30
New on SSRN: John Langbein, The Disappearance of Civil Trial in the United States - http://ssrn.com/abstract=2123386. Abstract:Since the 1930s, the proportion of civil cases concluded… Read More
2012-08-02 16:54
Multiple time constraints have made it impossible to keep up with a regular posting schedule at this blog. Thus, I am making explicit the fact that I will not be posting to this blog w… Read More
2012-05-19 23:10
The Loyola University Chicago Law Journal has just published papers from last fall's symposium on Summary Judgment. The articles are available at http://www.luc.edu/law/activities… Read More
2012-05-11 13:36
Here is the announcement:Dear Authors:We are proud to announce the founding of the Stanford Journal of Complex Litigation (SJCL). Beginning in the 2012-2013 academic year, SJCL will publish… Read More
2012-05-10 18:56
The Fourth Circuit has applied Unitherm to rejects a sufficiency of evidence appeal in absence of post-verdict renewal of JMOL motion. The case is Belk, Inc. v. Meyer Corp., No. 10-166… Read More
2012-04-10 14:55
Per Toys "R" Us-Delaware, Inc. v. Tots in Mind, Inc., Slip Copy, 2012 WL 529595 (E.D. Va. Feb. 17, 2012):TRU's Motion for Sanctions is based on Tots' alleged spoliation of evidence. During h… Read More
2012-04-09 14:41
Per U.S. ex rel. Bunk v. Birkart Globistics GmbH & Co., Slip Copy, 2012 WL 488256 (E.D.Va. Feb. 14 2012):Presently pending before the Court is the Plaintiffs' post-trial motion for an aw… Read More
2012-03-13 09:19
Per Denver Health and Hosp. Authority v. Beverage Distributors Co., LLC --- F.Supp.2d ----, 2012 WL 400320 (D.Colo. Feb. 8, 2012):Beverage contends that Rule 9(b), n… Read More
2012-02-29 17:29
Prof. Howard Wasserman (FIU) has just posted an Article entitled The Roberts Court and the Civil Procedure Revival on SSRN. Here is the Abstract:In the six terms since John G. Roberts… Read More
2012-02-16 15:51
From the ABA Journal:An unusual decision by a federal magistrate judge to require a so-called predictive coding protocol for automated e-discovery in an employment discrimination class actio… Read More
2012-02-16 15:18
Michael D. Sant'Ambrogio (Michigan State) and Adam S. Zimmerman (St. John's) have posted The Agency Class Action on SSRN. Here is the Abstract:The number of claims languishing on admin… Read More
2012-02-07 00:05
Above the Law is reporting on an SDNY decision in Pippin v. KPMG, ruling that KPMG has to preserve a larger set of computer hard drives than it had wanted to preserve: http://abovethel… Read More
2011-12-02 16:13
Congress has passed the Federal Courts Jurisdiction and Venue Clarification Act of 2011 (JVCA) and sent it to the President for his signature. The bill cleans up matters in the a… Read More
2011-11-22 15:03
The Washburn Law Journal is constructing its Spring 2012 issue around the topic of resource allocation and the law. Specifically, the issue will focus on how attempts to conserve resources d… Read More
2011-11-18 15:12
Maria Glover, a Climenko Fellow and Lecturer on Law at Harvard, has recently posted an article entitled The Federal Rules of Civil Settlement on SSRN. Here is the abstract:The Federal… Read More
2011-11-15 16:01
New Book: Failures of American Civil Justice in International PerspectiveAbout the book:Few lawyers today would say that American civil justice works well. Some say that it is oppressive and… Read More
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