federal rules of civil procedure

Federal Rule of Bankruptcy Procedure 2004, “Examination”

Michael Rice
March 13, 2010 05:29

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

February 19, 2010 22:56

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

January 28, 2010 18:49

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

January 20, 2010 12:32

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

January 18, 2010 21:10

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...