October 15, 2008
Forum Shopping and the Infrastructure of Federalism
James E. Pfander discusses the advantages of plaintiff win rates through the process of forum shopping in Forum Shopping and the Infrastructure of Federalism posted on SSRN.com.--Counseller
October 14, 2008
Last November, I reported on the HIF Bio case from the Federal Circuit, concluding that "it wouldn't be too surprising for the Supreme Court to take this case, given that it has twice noted the issue's unresolved status and that now a circuit split exists." Today the Court granted the Cert. Petition. Click here for the relevant links at SCOTUSBLOG.
October 13, 2008
En Banc 5th Circuit decides In Re: Volkswagen
Back in May, we reported on a In Re: Volkswagen of America. The case involved a transfer-of-venue issue that was substantial enough to draw an amicus signed by 14 law professors (neither of us signed). The 5th Circuit released its en banc opinion on Friday. Judge Jolly wrote for the 10-member majority, granting the petition for mandamus and ordering the district court to transfer the case. Judge King wrote for the 7-member dissent. --RR