Recent Articles

D. Colo. Notes Split Re Whether FRCP 9(b) Applies to Negligent Misrepresentation Claims

A. Benjamin Spencer
March 13, 2012 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), not Rule 8(a), applies to the negligent misrepresentation claim and that the claim cannot meet Rule...

Prof. Wasserman on the Roberts Court and the Civil Procedure Revival

A. Benjamin Spencer
February 29, 2012 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 became Chief Justice in September 2005, the Supreme Court has decided numerous, significant, and potentially...

Is Judge Peck the First to Require a Predictive Coding Protocol for Automated Doc Review?

A. Benjamin Spencer
February 16, 2012 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 action is both good news and bad news for young attorneys.The bad news: A number of their jobs could be at risk,...

Sant'Ambrogio and Zimmerman Post Article on Agency Class Actions on SSRN

A. Benjamin Spencer
February 16, 2012 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 administrative dockets has become a new “crisis” — producing significant backlogs, arbitrary outcomes and new...

SDNY Rejects KPMG's E-Discovery Appeal

A. Benjamin Spencer
February 07, 2012 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://abovethelaw.com/2012/02/kpmg-recieves-an-e-discovery-smackdown/

Congress Passes Federal Courts Jurisdiction and Venue Clarification Act

A. Benjamin Spencer
December 02, 2011 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 area of subject matter jurisdiction and venue that needed to be cleared up relating to permanent resident...

Washburn Law Journal Seeking Contributions

A. Benjamin Spencer
November 22, 2011 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 during the economic recession may impact the justice system. Several authors are already committed to the...

Glover Posts Article on Federal Civil Settlements on SSRN

A. Benjamin Spencer
November 18, 2011 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 Rules of Civil Procedure were based upon a straightforward model of adjudication: Resolve the merits of cases...

New Book on Civil Justice in International Perspective

A. Benjamin Spencer
November 15, 2011 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 unjust. Many have given up getting it to work. America's reformers have run out of ideas. They have not...

Fifth Circuit Weighs in on Split Re Stay Pending Arbitrability Appeal

A. Benjamin Spencer
November 03, 2011 14:34

Per Weingarten Realty Investors v. Miller, --- F.3d ----, 2011 WL 5142183(5th Cir. Nov. 1, 2011):   Whether an appeal from a denial of a motion to compel arbitration divests the district court of jurisdiction to proceed to the merits is the subject of a circuit split. The Second and Ninth...