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federal rules of civil procedure
Federal Rule of Bankruptcy Procedure 2004, “Examination”
I’m jumping a little out of sequence on my review (see Rule 1001 and Rule 1002) of the Federal Rules of Bankruptcy Procedure because I was working with Rule 2004 quite a bit today. Rule 2004 is a powerful one. It’s full text is really too long to reproduce here, but the business end o...
H.R. 4115 May Encourage Cookie-Cutter Complaints In Federal Court
In an article appearing in today's Los Angeles and San Francisco Daily Journals (subscription required), I discuss H.R. 4115, which, if passed, will overturn the Supreme Court's recent rulings in Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal. Twombly and Iqbal held that a complaint...
11th Circuit hears arguments on preclusive effect of tobacco litigation
At issue is whether some of the factual findings of a 2006 state court verdict in favor of a plaintiff can be applied to around 4000 cases pending in federal court. The Fulton County Daily Report provides a good account...
Rule 15 Amendments May Impact Removal Prospects
Readers of MassTortDefense know how significant the choice of forum can be for significant product liability and mass tort matters. The differences between federal and state court -- perhaps right down the street from each other -- can be huge, with differing juror pools, differing procedural...
Dodson on New Pleadings & Discovery
Professor Scott Dodson (William & Mary School of Law) has posted "New Pleadings, New Discovery" on SSRN. The abstract states: Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad...
