The Supreme Court handed down several opinions today and yesterday, including one case on intervention and two cases on the state secrets privilege.In Cameron v. EMW Women’s Surgical Center, the Court reversed the Sixth Circuit’s denial of the Kentucky
Civil Procedure & Federal Courts Blog
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Erbsen on Bookman & Shanahan on Civil Procedure Without Lawyers
Today on the Courts Law section of JOTWELL is Allan Erbsen’s essay, Civil Procedure for Lawyerless Courts. Allan reviews Pamela Bookman & Colleen Shanahan’s recent article, A Tale of Two Civil Procedures, 122 Colum. L. Rev. (forthcoming 2022).
SCOTUS Cert Grant on Equitable Tolling: Arellano v. McDonough
Today the Supreme Court granted certiorari in Arellano v. McDonough, which involves the effect of Irwin v. Department of Veterans Affairs, 498 U.S. 89 (1990), on applications for veterans’ disability benefits. Here are the questions presented:(1) Does Irwin’s rebuttable…
Smith on Citron & Solove on Privacy Law and Judicial Remedies
Today on the Courts Law section of JOTWELL is Fred Smith’s essay, No Harm, No Foul? Privacy Law and Judicial Remedies. Fred reviews Danielle Citron and Dan Solove’s recent article, Privacy Harms, 102 B.U. L. Rev. (forthcoming 2022).
SCOTUS Stays Lower Court Order to Revise Alabama’s Congressional Redistricting Plan
Yesterday, the Supreme Court issued a decision in Merrill v. Milligan and Merrill v. Caster. By a 5-4 vote, the Court stayed the three-judge district court’s order, which had found that Alabama’s redistricting plan violated Section 2 of the…
Klonoff on COVID-19 Aggregate Litigation
Bob Klonoff has posted on SSRN a draft of his article, COVID-19 Aggregate Litigation: The Search for the Upstream Wrongdoer, which is forthcoming in the Fordham Law Review. Here’s the abstract:COVID-19 has generated many lawsuits—including thousands of class actions—in…
Effron on Sudeall & Pasciuti on Eviction Court
Today on the Courts Law section of JOTWELL is Robin Effron’s essay, “Day-in-Court Theater” in Eviction Court. Robin reviews Lauren Sudeall & Daniel Pasciuti’s recent article, Praxis and Paradox: Inside the Black Box of Eviction Court, 74 Vand. L.
SCOTUS Cert Grant on Jurisdiction over Constitutional Challenges to the FTC
Today the Supreme Court granted certiorari in Axon Enterprise, Inc. v. FTC, which presents the following question: “Whether Congress impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures, and existence by granting…
Kalajdzic on Freer on Class Actions and the Roberts Court
Today on the Courts Law section of JOTWELL is Jasminka Kalajdzic’s essay, The Roberts Court’s Legacy in Class Action Jurisprudence. Jasminka reviews Rich Freer’s recent article, The Roberts Court and Class Litigation: Revolution, Evolution, and Work to be Done…
SCOTUS Cert Grant on FRCP 60(b): Kemp v. United States
Today the Supreme Court granted certiorari in Kemp v. United States. Here is the question presented, as laid out in the petition:Federal Rule of Civil Procedure 60(b)(1) authorizes relief from final judgment based on “mistake,” as well as inadvertence,…