Civil Procedure & Federal Courts Blogtag:typepad.com,2003:weblog-6370982009-11-08T12:35:33-05:00A Member of the Law Professor Blogs NetworkTypePadCivilProcedureProfBloghttp://feedburner.google.comReuveni on extraterritoriality, standing, and the securities lawstag:typepad.com,2003:post-6a00d8341bfae553ef0120a662f825970b2009-11-08T12:35:33-05:002009-11-08T12:35:33-05:00Erez Reuveni has posted Extraterritoriality as Standing: A Standing Theory of the Extraterritorial Application of the Securities Laws on SSRN. Abstract: This Article contends that the current treatment of the extraterritorial scope of the 1934 Securities and Exchange Act as...CivPro BloggerRedish, Julian, & Zyontz on Cy Pres Relief and the Pathologies of the Modern Class Actiontag:typepad.com,2003:post-6a00d8341bfae553ef012875606fab970c2009-11-07T07:00:00-05:002009-11-07T07:00:00-05:00Martin Redish (Northwestern), Peter Julian (Northwestern), and Samantha Zyontz (Searle Civil Justice Institute) have posted "Cy Pres Relief and the Pathologies of the Modern Class Action: A Normative and Empirical Analysis" on SSRN. It will be published in the Florida...CivPro BloggerHatamyar on the Empirical Impact of Twombly and Iqbaltag:typepad.com,2003:post-6a00d8341bfae553ef0120a65bea6b970b2009-11-06T08:51:34-05:002009-11-06T08:51:34-05:00Professor Patricia Hatamyar (St. Thomas, Florida) has a forthcoming article in the American University Law Review that may be of interest to our readers. The article is The Tao of Pleading: Do Twombly and Iqbal Matter Empirically?, and it's available...CivPro BloggerUpcoming Supreme Court Argument: Hertz Corp. v. Friend (Tuesday 11/10)tag:typepad.com,2003:post-6a00d8341bfae553ef0120a6aca531970c2009-11-05T12:57:34-05:002009-11-05T12:57:34-05:00The march of Supreme Court arguments in the civil procedure & federal courts area continues next week in Hertz Corp. v. Friend (No. 08-1107). (For our coverage of other arguments of interest this Term, see here, here, and here.) This...CivPro BloggerHenderson on the role of Twombly and Iqbal in mutual fund compensation actionstag:typepad.com,2003:post-6a00d8341bfae553ef0120a6541574970b2009-11-05T10:39:00-05:002009-11-05T10:39:00-05:00Continuing the trend of scholars from inside and outside of the civil procedure realm to study the possible ramifications of Twombly and Iqbal, M. Todd Henderson (University of Chicago) has posted an essay entitled Justifying Jones to SSRN. Abstract: This...CivPro BloggerTarkington on Impugning Judicial Integrity in Court Proceedingstag:typepad.com,2003:post-6a00d8341bfae553ef0120a6a9da14970c2009-11-05T07:00:00-05:002009-11-05T07:00:00-05:00Margaret Tarkington (BYU J. Reuben Clark Law School) has posted "A Free Speech Right to Impugn Judicial Integrity in Court Proceedings" on SSRN. It is forthcoming in the Boston College Law Review. The abstract states: Throughout the United States, state...CivPro BloggerLahav on lawyering in unjust circumstancestag:typepad.com,2003:post-6a00d8341bfae553ef0120a64e943a970b2009-11-04T09:00:00-05:002009-11-04T09:00:00-05:00Alexandra Lahav (University of Connecticut) has posted Portraits of Resistance: Lawyer Responses to Unjust Proceedings on SSRN. Abstract: This Article considers a question rarely addressed: what is the role of the lawyer in a manifestly unjust procedural regime? Many excellent...CivPro BloggerSchauer on the Supreme Court's Case Selection Processtag:typepad.com,2003:post-6a00d8341bfae553ef0120a6a75722970c2009-11-04T07:00:00-05:002009-11-04T07:00:00-05:00Frederick Schauer has posted "Is it Important to Be Important? Evaluating the Supreme Court's Case Selection Process," to be published in the Yale Law Journal. Abstract: The Supreme Court has been criticized for taking and deciding too few cases, with...CivPro BloggerYesterday's SCOTUS Argument in Shady Grove Orthopedic Assocs. v. Allstate Ins. Co.tag:typepad.com,2003:post-6a00d8341bfae553ef0120a64cdd1d970b2009-11-03T06:13:00-05:002009-11-03T06:13:00-05:00As previewed earlier here, Shady Grove Orthopedic Assocs. v. Allstate Ins. Co. considers whether New York's bar on class actions for certain statutory-damages claims (N.Y. C.P.L.R. 901(b)) precludes class certification in a federal court diversity action. Among the relevant issues...CivPro BloggerCert. Grant Today: Federal Jurisdiction over Constitutional Challenge to Ohio's Tax Benefits for Local Natural Gas Distributors (Levin v. Commerce Energy Inc.)tag:typepad.com,2003:post-6a00d8341bfae553ef0120a6a07487970c2009-11-02T11:38:53-05:002009-11-02T11:38:53-05:00Today the Supreme Court granted certiorari in Levin v. Commerce Energy Inc. (09-223). The questions presented are: (1) Did Hibbs v. Winn, which addressed the scope of the Tax Injunction Act's bar against federal cases seeking to enjoin the assessment...CivPro BloggerKansas Supreme Court Considers Constitutionality of Damages Caps tag:typepad.com,2003:post-6a00d8341bfae553ef0120a6a001a8970c2009-11-02T09:52:47-05:002009-11-02T09:52:47-05:00Last week the Kansas Supreme Court heard oral argument in Miller v. Johnson, a medical malpractice case challenging the constitutionality of a Kansas statute that caps damages for noneconomic loss at $250,000. The docket is available here. For additional coverage,...CivPro BloggerMonday morning humortag:typepad.com,2003:post-6a00d8341bfae553ef0120a6494ba5970b2009-11-02T08:30:00-05:002009-11-02T08:30:00-05:00Courtesy of Courtoons: http://www.courtoons.net/wp-content/uploads/2009/10/twombly.jpg RJECivPro BloggerMaxeiner on Litigation Cost and Fee Allocation in the U.S.tag:typepad.com,2003:post-6a00d8341bfae553ef0120a6323514970b2009-11-02T07:00:00-05:002009-11-02T07:00:00-05:00James R. Maxeiner (University of Baltimore School of Law) has posted "Cost and Fee Allocation in Civil Procedure: United States of America National Report," which will be published in the American Journal of Comparative Law. Abstract: This report summarizes critically...CivPro BloggerJust in time for Halloween: "Something Judicious this Way Comes"tag:typepad.com,2003:post-6a00d8341bfae553ef0120a6322a0c970b2009-10-31T07:00:00-04:002009-10-31T07:00:00-04:00Michael J. Higdon (University of Tennessee College of Law) has posted "Something Judicious this Way Comes . . . The Use of Foreshadowing as a Persuasive Device in Judicial Narrative." Abstract: With the recent publication of Judge Richard Posner’s book...CivPro BloggerSymposium Today: "Aggregate Justice: Perspectives Ten Years After Amchem and Ortiz"tag:typepad.com,2003:post-6a00d8341bfae553ef0120a692855c970c2009-10-30T10:08:07-04:002009-10-30T10:08:07-04:00The 2009 Kansas Law Review symposium, Aggregate Justice: Perspectives Ten Years After Amchem and Ortiz, is occurring today at the University of Kansas. Details are available here. Speakers include: Elizabeth Chamblee Burch, Assistant Professor of Law, Florida State University College...CivPro BloggerWyeth v. Levine Scholarship Rounduptag:typepad.com,2003:post-6a00d8341bfae553ef0120a633e96a970b2009-10-29T11:52:23-04:002009-11-02T10:14:36-05:00Earlier this year the Supreme Court rejected federal preemption of tort claims for FDA regulated prescription drugs in Wyeth v. Levine, 129 S.Ct. 1187 (2009). Since that time several commentators have weighed in on the decision. After the jump, I...CivPro BloggerWebcast of Congressional Hearing on Ashcroft v. Iqbal Now Availabletag:typepad.com,2003:post-6a00d8341bfae553ef0120a68a28c2970c2009-10-29T10:20:33-04:002009-10-29T10:20:33-04:00For those who were unable to attend or watch the live webcast of this week's congressional hearing on Ashcroft v. Iqbal (see our earlier posts here and here), the archived webcast is now available on the House Judiciary Committee's website....CivPro BloggerPepsi Facing $1.26 Billion Default Judgment in Wisconsin tag:typepad.com,2003:post-6a00d8341bfae553ef0120a631e017970b2009-10-29T09:22:00-04:002009-10-29T09:22:00-04:00Reuters is reporting: "A Wisconsin judge has ordered PepsiCo Inc to pay $1.26 billion to two men who said it stole their idea to sell purified water after a secretary mislaid a document alerting the world's No. 2 soft drink...CivPro BloggerWhat sort of lawyer does not love Pennoyer--especially this time, when it's put in a rhyme?tag:typepad.com,2003:post-6a00d8341bfae553ef0120a6322219970b2009-10-29T07:00:00-04:002009-10-29T07:00:00-04:00Elizabeth Chamblee Burch (Florida State University College of Law) has posted "There's a Pennoyer in My Foyer: Civil Procedure According to Dr. Seuss." Abstract: This is what it purports to be: a Seussian take on civil procedure. It’s a short,...CivPro BloggerRamseyer on the relationship between universal health insurance and malpractice claimstag:typepad.com,2003:post-6a00d8341bfae553ef0120a62877cc970b2009-10-28T09:58:39-04:002009-10-28T09:58:39-04:00J. Mark Ramseyer (Harvard Law School) has posted The Effect of Universal Health Insurance on Malpractice Claims: The Japanese Experience. Abstract: Japanese patients file relatively few medical malpractice claims. To date, scholars have tried to explain this phenomenon by identifying...CivPro Blogger