Statute
Rules Enabling Act
42 published works
Civil Procedure & Federal Courts Blog
Burbank and Farhang on Class Actions and the Counterrevolution Against Federal Litigation
Stephen B. Burbank and Sean Farhang have posted on SSRN their article, Class Actions and the Counterrevolution Against Federal Litigation.Abstract:In this article we situate consideration of class actions in a framework, and…
Civil Procedure & Federal Courts Blog
FRCP Amendments Will Casually Wipe Out Three Dozen “Official Forms”
Today, I'm taking the amendments a bit out of numerical order to talk about the proposal to abrogate Rule 84 and to abrogate all thirty-six of the official forms following…
Drug & Device Law
Hopeful Cy Pres Developments
By Bexis
We’ve made no bones on this blog about our distaste for the “cy pres” rationale that keeps finding its way into class action litigation. Indeed, we consider resort to cy…
Civil Procedure & Federal Courts Blog
Sherry on Why Courts Can’t Fix Erie
By Civil Procedure & Federal Courts Blog
Suzanna Sherry (Vanderbilt) has posted A Pox on Both Your Houses: Why the Courts Can't Fix the Erie Doctrine to SSRN.As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it…
Civil Procedure & Federal Courts Blog
Freer on the Continuing Gloom About Federal Judicial Rulemaking
By Civil Procedure & Federal Courts Blog
Richard Freer (Emory) has posted The Continuing Gloom About Federal Judicial Rulemaking to SSRN.In 2013, the Federal Rules of Civil Procedure will be 75 years old. The rulemaking process by…
Class Actions Insider
The Constitutionality of Class Actions
I found particularly interesting a recent post on the Carlton Fields’ Class Action Blog that discusses a book entitled Wholesale Justice: Constitutional Democracy and the Problem of the Class Action…
Civil Procedure & Federal Courts Blog
New article argues for application of state summary judgment standards in diversity cases under Stevens’ view in Shady Grove
By Civil Procedure & Federal Courts Blog
In Shady Grove, the Rules Enabling Act, and the Application of State Summary Judgment Standards in Federal Diversity Cases, forthcoming in St. John’s Law Review, Professor Matthew Lyon of Lincoln…
Antitrust Law Blog
<i>Wal-Mart v. Dukes</i>: Implications For Antitrust Class Actions
On June 20, 2011, the United States Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, No. 10-277, holding that 1.5 million female Wal-Mart employees around the nation could not bring…
Civil Procedure & Federal Courts Blog
Campos on Mass Torts and Due Process
By Civil Procedure & Federal Courts Blog
Sergio Campos (University of Miami) has posted Mass Torts and Due Process to SSRN.Abstract: Almost all courts and scholars disfavor the use of class actions in mass tort litigation, primarily because…
Civil Procedure & Federal Courts Blog
SCOTUS Approves Latest Amendments to the Federal Rules
By Civil Procedure & Federal Courts Blog
Last week the Supreme Court approved and transmitted to Congress the latest round of Federal Rules amendments. This announcement appears on the U.S. Courts website:On April 26, 2011, the Supreme…