Civil Procedure & Federal Courts Blogtag:typepad.com,2003:weblog-6370982012-01-26T21:55:09-05:00A Member of the Law Professor Blogs NetworkTypePadCivilProcedureProfBloghttp://feedburner.google.comSecond Circuit Issues Opinion in Chevron-Ecuador Litigationtag:typepad.com,2003:post-6a00d8341bfae553ef0168e6276391970c2012-01-26T21:55:09-05:002012-01-26T21:55:09-05:00Today the Second Circuit issued its much-anticipated opinion in the Chevron-Ecuador litigation. The opinion in Chevron v. Naranjo explains the Second Circuit’s earlier order (2011 WL 4375022), which had reversed a district court injunction (768 F.Supp.2d 581) that would have...CivPro BloggerBaude on The Jurisdiction and Venue Clarification Acttag:typepad.com,2003:post-6a00d8341bfae553ef01630029ae41970d2012-01-26T11:53:21-05:002012-01-26T11:53:21-05:00William Baude’s critical view of portions of the new law appears in “First Impressions” of the Michigan Law Review here. PMCivPro BloggerFifth Circuit Reverses District Court’s Denial of Motion to Intervene in Case Involving Red Light Camera Systemtag:typepad.com,2003:post-6a00d8341bfae553ef016300294daf970d2012-01-26T11:17:18-05:002012-01-26T11:17:18-05:00In City of Houston v. American Traffic Solutions, Inc., available here, Houston had passed an ordinance approving the use of red light cameras, and contracted with ATS to run the system, thus generating millions in fees for both of them....CivPro BloggerWeidemaier on the Use of Precedent in Arbitrationtag:typepad.com,2003:post-6a00d8341bfae553ef0163000a872e970d2012-01-24T09:56:36-05:002012-01-24T09:56:36-05:00Mark Weidemaier (University of North Carolina School of Law) has posted Judging Lite: How Arbitrators Create and Use Precedent to SSRN. Abstract: Common wisdom has it that arbitrators neither follow nor make precedent, with potentially dire consequences. These include the...CivPro BloggerSCOTUS Preemption Decision on FMIAtag:typepad.com,2003:post-6a00d8341bfae553ef016300002862970d2012-01-23T12:44:24-05:002012-01-23T12:44:24-05:00Justice Kagan authored a unanimous opinion for the Court in National Meat Association v. Harris, holding that the Federal Meat Inspection Act preempts a California state statute that regulated the ability of slaughterhouses to buy, sell, or receive a nonambulatory...CivPro BloggerFlorida Supreme Court Holds Farm Tractor is "Dangerous Instrumentality"tag:typepad.com,2003:post-6a00d8341bfae553ef0162ffff6426970d2012-01-23T11:07:46-05:002012-01-23T11:07:46-05:00Justia reports the story here. PMCivPro BloggerJanuary 2012 Issue of The Third Branch is Available tag:typepad.com,2003:post-6a00d8341bfae553ef0162ffeb4222970d2012-01-20T19:39:12-05:002012-01-20T19:39:12-05:00This issue, available here, contains the 2011 Year-End Report on the Federal Judiciary. In introducing the report, Chief Justice Roberts writes, “Some observers have recently questioned whether the Judicial Conference’s Code of Conduct for United States Judges should apply to...CivPro BloggerSCOTUS Decision in Mims v. Arrow Financialtag:typepad.com,2003:post-6a00d8341bfae553ef0162ffcd120b970d2012-01-18T15:36:37-05:002012-01-18T15:36:37-05:00Today the Supreme Court issued a unanimous decision in Mims v. Arrow Financial Services LLC (covered earlier here), which considers whether federal-question jurisdiction exists under 28 U. S. C. §1331 for claims brought against telemarketers under the Telephone Consumer Protection...CivPro BloggerNinth Circuit Holds Issue Preclusion Bars Plaintiff’s Discrimination Suit After Administrative Proceedingstag:typepad.com,2003:post-6a00d8341bfae553ef016760beac75970b2012-01-18T11:14:50-05:002012-01-18T11:14:50-05:00Justia reports the decision here. PMCivPro BloggerRegistration for SEALS Annual Meeting Begins February 1tag:typepad.com,2003:post-6a00d8341bfae553ef0168e5b7919b970c2012-01-17T21:35:04-05:002012-01-17T21:35:04-05:00For those who despair of the AALS ever holding a conference at a destination resort, mark your calendars to register for the 2012 SEALS (Southeastern Association of Law Schools) annual meeting at the Ritz-Carlton in Amelia Island, Florida as soon...CivPro BloggerOn Rehearing, Eleventh Circuit Still Denies Attorney’s Fees after Defendant Tenders Full Amount Claimed in FLSA Casetag:typepad.com,2003:post-6a00d8341bfae553ef016760b3fe21970b2012-01-17T17:36:58-05:002012-01-17T17:36:58-05:00Back in July (here) I reported an Eleventh Circuit opinion refusing a plaintiff in an FLSA action attorneys’ fees when the defendant (after the filing of the FLSA complaint) simply tendered the full amount of unpaid overtime claimed (plus statutory...CivPro BloggerSymposium at Southwestern Law School: Transnational Litigation and Civil Procedure (Los Angeles, Feb. 3, 2012)tag:typepad.com,2003:post-6a00d8341bfae553ef0162ffba475d970d2012-01-17T09:37:35-05:002012-01-17T09:37:35-05:00On Friday, February 3, 2012, Southwestern Law School in Los Angeles, California and the Southwestern Journal of International Law is hosting a symposium titled Our Courts and the World: Transnational Litigation and Civil Procedure. The symposium is co-sponsored by the...CivPro BloggerSCOTUS Decision in CompuCredit Corp.v. Greenwoodtag:typepad.com,2003:post-6a00d8341bfae553ef0168e56bbb6c970c2012-01-12T14:12:49-05:002012-01-12T14:12:49-05:00This week the Supreme Court issued its decision in CompuCredit Corp. v. Greenwood, covered earlier here. The issue, begins Justice Scalia’s majority opinion, is "whether the Credit Repair Organizations Act (CROA), 15 U. S. C. §1679 et seq., precludes enforcement...CivPro BloggerSCOTUS Decision in Minneci v. Pollard: Bivens Actions Against Privately Operated Federal Prisonstag:typepad.com,2003:post-6a00d8341bfae553ef0167605c3bdf970b2012-01-11T13:17:12-05:002012-01-11T13:17:12-05:00Yesterday the Supreme Court issued an 8-1 decision in Minneci v. Pollard. The majority opinion by Justice Breyer begins: The question is whether we can imply the existence of an Eighth Amendment-based damages action (a Bivens action) against employees of...CivPro BloggerSCOTUS Argument Today: Coleman v. Md. Ct. of Appealstag:typepad.com,2003:post-6a00d8341bfae553ef0162ff650096970d2012-01-11T09:32:20-05:002012-01-11T09:32:20-05:00Today the Supreme Court will hear oral argument in Coleman v. Maryland Court of Appeals. This is an FMLA case with a very interesting federal courts dimension, namely, the question of whether the federal government, via congressional statute, can subject...CivPro BloggerAT&T Mobility v. Concepcion Does Not Apply to Collective Employment Disputestag:typepad.com,2003:post-6a00d8341bfae553ef0168e53eba18970c2012-01-09T10:46:03-05:002012-01-09T10:46:03-05:00The NLRB recently ruled that AT&T v. Concepcion does not apply to arbitration agreements waiving class action rights in certain employment contexts. Corporate Counsel reports here. It will be interesting to see continuing interpretations of this case from institutions other...CivPro BloggerSCOTUSblog post on the Anti-Injunction Acttag:typepad.com,2003:post-6a00d8341bfae553ef0162ff3c64bf970d2012-01-08T13:48:36-05:002012-01-08T13:48:36-05:00SCOTUSblog has a great post on the amicus brief by Robert Long on why the Anti-Injunction Act means that the Supreme Court should postpone hearing the ACA challenge cases until after the individual mandate goes into effect in 2014. RJECivPro BloggerAALS Approves Four New Member Schoolstag:typepad.com,2003:post-6a00d8341bfae553ef0168e523b591970c2012-01-07T12:36:24-05:002012-01-07T12:36:24-05:00The Association of American Law Schools has approved as new members Drexel University Earl Mack School of Law, North Carolina Central University School of Law, Texas Wesleyan University School of Law, and University of St. Thomas School of Law (Minneapolis)....CivPro BloggerJunior Faculty Federal Courts Workshop (Feb. 2-4, 2012)tag:typepad.com,2003:post-6a00d8341bfae553ef01675fe74308970b2012-01-03T10:24:30-05:002012-01-03T10:24:30-05:00Prof. Howard Wasserman (Florida International) has posted over at PrawfsBlawg some additional information (including the schedule and hotel details) about the Fourth Annual Junior Faculty Federal Courts Workshop. It will be held in Miami on Feb. 2-4, 2012.CivPro BloggerAALS Program: The Supreme Court and the Future of Arbitration (Jan. 7, 2012)tag:typepad.com,2003:post-6a00d8341bfae553ef0168e4e81ca9970c2012-01-03T09:59:19-05:002012-01-03T09:59:19-05:00On Saturday morning, January 7, 2012, the AALS ADR Section will host a program at the AALS Annual Meeting on “The Supreme Court and the Future of Arbitration.” The program is being co-sponsored by the AALS Section on Civil Procedure...CivPro Blogger