The Civil Procedure Prof Blog is the blog of W. Jeremy Counseller and Rory Ryan, both Associate Professors at Baylor Law School.
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Stacie Strong (Missouri) is organizing the following conference in The Hague: Large-scale international legal injuries are becoming increasingly prevalent in today’s globalized economy, whether they arise in the context of consumer, commercial, contract, tort or securities law, and countries are...
Joe S. Cecil, the primary author of the Federal Judicial Center’s empirical study of the impact of Iqbal, just posted (on SSRN) a response to concerns expressed about that study (including criticisms by Professors Lonny Hoffman, Ray Brescia, Jonah Gelbach,...
You can never be too rich or too thin, and apparently you can never get enough “tort reform,” either. And if you keep repeating over and over that damages caps lower malpractice premiums, maybe it will someday be true despite...
The March 13, 2012 opinion by Judge Huvelle of the District of District of Columbia in Spaeth v. Georgetown University is available here. As an aside, the court seems to be backing off Twiqbal: The notice pleading rules are “not...
Matthew Hall (University of Georgia) has posted Standing of Intervenor-Defendants in Public Law Litigation to SSRN. Unless the plaintiff has a personal stake in the outcome, Article III of the United States Constitution requires federal courts to dismiss a plaintiff’s...
In State of Nevada v. Bank of America, No. 12-15005 (Mar. 2, 2012), the Ninth Circuit held that the district court did not have subject matter jurisdiction under either the Class Action Fairness Act or Section 1331 (under Grable &...
Today the Supreme Court ordered that Kiobel v. Royal Dutch Petroleum be reargued, and that the parties submit supplemental briefs on the following issue: “Whether and under what circumstances the Alien Tort Statute, 28 U.S.C. § 1350, allows courts to...
A settlement has been reached in the Gulf Oil Spill Litigation, which was set to begin trial in Louisiana federal court on Monday. Story from the New Orleans Times-Picayune here. --A
Lumen Mulligan (University of Kansas Law School) has posted You Can't Go Holmes Again to SSRN. Under the standard interpretation of 28 U.S.C. § 1331, the so-called Holmes Test, pleading a federal cause of action constitutes a sufficient condition for...
Today, the Supreme Court issued its decision in Kurns v. Railroad Friction Products, covered earlier here. Justice Thomas wrote the majority opinion, joined by Chief Justice Roberts and Justices Scalia, Kennedy, Alito and Kagan. Justice Kagan filed a separate concurring...