Last week the Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana, another case on the Federal Arbitration Act (FAA). Justice Alito authored the majority opinion, which was joined in full by Justices Breyer, Sotomayor, Kagan,
Civil Procedure & Federal Courts Blog
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Recent SCOTUS Decisions: Arbitration, Bivens, Class Actions, FRCP 60(b) & International Discovery
As we head down the home stretch for this Term’s Supreme Court decisions, here are some of the interesting decisions that came down earlier this month:Egbert v. Boule: Justice Thomas’s majority opinion (joined by Roberts, Alito, Kavanaugh, and…
Call for Abstracts: Complex Litigation Ethics Conference (UC Hastings, San Francisco)
Here is the announcement:The Center for Litigation and Courts and Huntington National Bank are excited to announce a call for abstracts for the upcoming Complex Litigation Ethics Conference to be held on the UC Hastings Law campus on Saturday, Oct.…
SCOTUS Decision on Arbitration Waiver: Morgan v. Sundance
Yesterday the Supreme Court issued a unanimous decision in Morgan v. Sundance, Inc. (covered earlier here). At issue is whether the defendant waived its right to insist on arbitration by engaging in litigation before seeking a stay under section…
SCOTUS Cert Grant on District Court Jurisdiction over Challenges to SEC Enforcement Proceedings: SEC v. Cochran
Today the Supreme Court granted certiorari in SEC v. Cochran. Here is the question presented:Whether a federal district court has jurisdiction to hear a suit in which the respondent in an ongoing Securities and Exchange Commission administrative proceeding seeks…
SCOTUS Cert Grant on Habeas: Jones v. Hendrix
Today the Supreme Court granted certiorari in Jones v. Hendrix. Here is the question presented:Under 28 U.S.C. § 2255, federal inmates can collaterally challenge their convictions on any ground cognizable on collateral review, with successive attacks limited to certain…
Coleman on Reda on Empiricism and Procedural Inequality
Today on the Courts Law section of JOTWELL is Brooke Coleman’s essay, Data-Driven Procedural Inequality. Brooke reviews Danya Reda’s recent article, Producing Procedural Inequality Through the Empirical Turn, 94 U. Colo. L. Rev. (forthcoming 2023).
Call for Papers: Nevada Law Journal Symposium on the Shadow Docket
The Nevada Law Journal is inviting submissions for its Volume 23 symposium: "Dark Necessities? The Supreme Court's Shadow Docket." This issue seeks to explain the shadow docket's past and present use as well as its substantive effects on particular…
SCOTUS Adopts 2022 Rules Amendments
The Supreme Court has adopted amendments to the Federal Rules of Civil Procedure, as well as amendments to the Federal Rules of Appellate Procedure, the Federal Rules of Bankruptcy Procedure, and the Federal Rules of Criminal Procedure…
SCOTUS Cert Grant on Personal Jurisdiction: Mallory v. Norfolk Southern
Today the Supreme Court granted certiorari in Mallory v. Norfolk Southern Railway Co. Here is the question presented:“Nearly 80 years removed from International Shoe, it seems corporations continue to receive special jurisdictional protections in the name of the Constitution. Less…