Civil Procedure & Federal Courts Blogtag:typepad.com,2003:weblog-6370982013-05-22T12:48:33-07:00A Member of the Law Professor Blogs NetworkTypePadCivilProcedureProfBloghttp://feedburner.google.comPereyra and Sunshine on Settlement Rates After Twombly and Iqbaltag:typepad.com,2003:post-6a00d8341bfae553ef0192aa344122970d2013-05-22T12:48:33-07:002013-05-22T12:48:33-07:00Victor Abel Pereyra and Benjamin Sunshine, of University of Illinois College of Law, have posted on SSRN their paper Access-to-Justice v. Efficiency: An Empirical Study of Settlement Rates After Twombly and Iqbal. Abstract: A party’s decision to settle may be...CivPro BloggerColeman on Hoffman on Civil Rulemaking After Twombly and Iqbaltag:typepad.com,2003:post-6a00d8341bfae553ef017eeb447268970d2013-05-17T06:52:52-07:002013-05-17T06:52:52-07:00Now available on the Courts Law section of JOTWELL is an essay by Brooke Coleman (Seattle) entitled Celebrating Civil Rulemaking. It reviews a recent article by Lonny Hoffman (Houston), Rulemaking in the Age of Twombly and Iqbal, which will appear...CivPro BloggerMeyn on Comparing Civil and Criminal Discoverytag:typepad.com,2003:post-6a00d8341bfae553ef01901c470329970b2013-05-17T06:43:10-07:002013-05-17T06:43:10-07:00Prof. Ion Meyn (Wisconsin) has posted on SSRN a draft of his article Discovery and Darkness: The Information Deficit in Criminal Disputes, which will appear in the Brooklyn Law Review. Here’s the abstract: Scholarship has long recognized a disparity between...CivPro BloggerBrescia and Ohanian on the Politics of Proceduretag:typepad.com,2003:post-6a00d8341bfae553ef017eeb3f3818970d2013-05-16T13:20:23-07:002013-05-16T13:20:23-07:00Raymond H. Brescia and Edward J. Ohanian, both of Albany Law School, have posted on SSRN their new paper, "The Politics of Procedure: An Empirical Analysis of Motion Practice in Civil Rights Litigation Under the New Plausibility Standard." Abstract: Is...CivPro BloggerSequel to the Fifth Circuit’s Quorum Conundrum: Comer v. Murphy Oil IItag:typepad.com,2003:post-6a00d8341bfae553ef01910236f797970c2013-05-16T11:06:52-07:002013-05-16T11:06:52-07:00Two years ago we covered the strange set of developments in Comer v. Murphy Oil USA, a class action lawsuit against a number of chemical and energy companies based on their alleged contribution to climate conditions that exacerbated the force...CivPro BloggerStrong on Commercial Arbitrationtag:typepad.com,2003:post-6a00d8341bfae553ef01901c2c0387970b2013-05-14T11:13:34-07:002013-05-14T11:13:34-07:00S.I. Strong (Missouri/Supreme Court Fellow) has posted two articles about international commercial arbitration to SSRN. Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration. International commercial arbitration has long been considered one of the paradigmatic...CivPro BloggerSCOTUS cert grant on the ability of in forma pauperis filers to amend their complaints under the Prison Litigation Reform Acttag:typepad.com,2003:post-6a00d8341bfae553ef01910217dded970c2013-05-13T10:46:44-07:002013-05-13T10:46:44-07:00Today the Supreme Court granted certiorari in Burnside v. Walters (No. 12-7892), which presents the question: Whether the Sixth Circuit erred in holding—in conflict with all eleven other federal circuit courts of appeals—that the in forma pauperis statute, 28 U.S.C....CivPro BloggerFifth Circuit Decision on Personal Jurisdiction, McIntyre, and the Stream of Commercetag:typepad.com,2003:post-6a00d8341bfae553ef017eeb1f2ac2970d2013-05-13T10:32:49-07:002013-05-13T10:32:49-07:00Last week, the U.S. Court of Appeals for the Fifth Circuit issued an important decision on personal jurisdiction: Ainsworth v. Moffett Engineering, Ltd., No. 12-60155 (May 9, 2013). In an opinion by Judge Patrick Higginbotham (joined by Judges Jerry Smith...CivPro BloggerWake Forest Seeks Civil Procedure VAPtag:typepad.com,2003:post-6a00d8341bfae553ef019101df3b91970c2013-05-07T12:30:03-07:002013-05-07T12:30:03-07:00From our friends at Wake Forest comes this announcement: Wake Forest University School of Law welcomes applications for a Visiting Assistant Professor (VAP) to teach Civil Procedure in the 2013-2014 academic year, and perhaps beyond. Additional information is here.CivPro BloggerNew blog tracks Federal Arbitration Act casestag:typepad.com,2003:post-6a00d8341bfae553ef01901be221be970b2013-05-06T14:29:35-07:002013-05-15T08:11:22-07:00Professor Imre Szalai has created a new blog, www.outsourcingjustice.com, posting about recent state and federal cases involving the Federal Arbitration Act. PMCivPro BloggerSinger and Young on Bench Presencetag:typepad.com,2003:post-6a00d8341bfae553ef01901bdfeaf9970b2013-05-06T08:25:10-07:002013-05-06T08:25:10-07:00Jordan Singer (New England Law) and Judge William Young (D. Mass.) have posted two articles about bench presence to SSRN. Bench Presence: Toward a More Complete Model of Federal District Court Productivity: This Article considers what it means for a...CivPro BloggerNY Times on SCOTUS's Pro-Business Civil Procedure Decisionstag:typepad.com,2003:post-6a00d8341bfae553ef01901bd9e660970b2013-05-05T09:00:01-07:002013-05-05T09:00:01-07:00Today’s New York Times features a story by Adam Liptak, Corporations Find a Friend in the Supreme Court, which discusses several of the Court’s recent decisions on civil procedure, including Comcast v. Behrend, Wal-Mart v. Dukes, AT&T Mobility v. Concepcion,...CivPro BloggerCompany Cannot Assert Attorney-Client Privilege Against Its Director, Delaware Court Holdstag:typepad.com,2003:post-6a00d8341bfae553ef017eead11f76970d2013-05-04T06:23:31-07:002013-05-04T06:23:31-07:00Plaintiff is a director of the defendant Company, a Delaware corporation, and he owns an entity that was the Company's largest shareholder. The remaining directors of the Company are also defendants. The Board of Directors established a Special Committee to...CivPro BloggerBalkin on Erietag:typepad.com,2003:post-6a00d8341bfae553ef019101c479ee970c2013-05-03T12:46:45-07:002013-05-03T12:46:45-07:00Over at Balkinization, Prof. Jack Balkin (Yale) has a post entitled Erie Railroad v. Tompkins and the New Deal Constitution. It begins: Last week Richard Epstein and I were on a panel at AEI on the New Deal Constitution, commemorating...CivPro BloggerNinth Circuit Requires Evidentiary Hearing on Enforceability of Forum Selection Clausetag:typepad.com,2003:post-6a00d8341bfae553ef01901bbf7ef6970b2013-05-01T13:46:51-07:002013-05-01T13:46:51-07:00Pro se plaintiff Robin Petersen was recruited to work in Saudi Arabia as a flight instructor for a subsidiary of Boeing Corporation. His complaint alleged that on arrival in Saudi Arabia, he was forced to sign an employment agreement which...CivPro BloggerTidmarsh on Lemos & Hensler on Adequate Representation in Parens Patriae Suits by State A-Gstag:typepad.com,2003:post-6a00d8341bfae553ef017eeabc41f7970d2013-05-01T11:26:14-07:002013-05-01T11:26:14-07:00Now available on the Courts Law section of JOTWELL is an essay by Jay Tidmarsh (Notre Dame) entitled Adequacy and the Attorney General. It reviews a recent article by Maggie Lemos (Duke), Aggregate Litigation Goes Public: Representative Suits by State...CivPro BloggerCall For Papers: First Annual Workshop for Corporate & Securities Litigationtag:typepad.com,2003:post-6a00d8341bfae553ef019101ae007f970c2013-04-30T12:32:49-07:002013-04-30T12:32:49-07:00See below for details... The University of Illinois College of Law and the University of Richmond School of Law invite submissions for the First Annual Workshop for Corporate & Securities Litigation. This workshop will be held on Friday, November 8,...CivPro BloggerHappy 75th Birthday, Erie!tag:typepad.com,2003:post-6a00d8341bfae553ef017d431b511e970c2013-04-25T07:03:26-07:002013-04-25T07:03:26-07:00Seventy-five years ago today, the Supreme Court issued its decision in Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938). --ACivPro BloggerCall For Papers: Conference for Empirical Legal Studiestag:typepad.com,2003:post-6a00d8341bfae553ef017d4313d8ae970c2013-04-24T08:32:52-07:002013-04-24T08:32:52-07:00The Eighth Annual Conference on Empirical Legal Studies has issued a call for papers. Submissions are due July 3, 2013 and will be peer-reviewed. The conference will be held at the University of Pennsylvania Law School on October 25-26, 2013....CivPro BloggerCompensating Boston Victims with a Fundtag:typepad.com,2003:post-6a00d8341bfae553ef01901b83979b970b2013-04-23T08:20:46-07:002013-04-23T08:20:46-07:00The ubiquitous Kennth Feinberg has arrived in Boston to help administer a compensation fund for the victims of the marathon bombing. The fund, One Fund Boston, was established by Boston's mayor and is supported by private donations. The NYTimes reports...CivPro Blogger