Thursday, February 6, 2014

Final Public Hearing on the Proposed Amendments to the FRCPs (Feb. 7 in Dallas)

Tomorrow, the Judicial Conference Committee on Rules of Practice and Procedure is holding its final public hearing on the recent set of proposed amendments to the Federal Rules of Civil Procedure. Here are some links:

The public comment period closes on February 15, 2014. You can submit comments here.

 

February 6, 2014 in Current Affairs, Discovery, Federal Rules of Civil Procedure | Permalink | Comments (0)

Saturday, January 25, 2014

Kanye West Allowed to Serve Defendants by E-Mail in "Coinye" Lawsuit

In my continuing efforts to make Bitcoin and other cryptocurrencies somehow relevant to this blog, I can report that Kanye West has sued Odaycoins.com, Coinye-Exchange.com, Amazon.com, and others in federal district court in Manhattan (Case Number 1:14-cv-00250, filed January 14, 2014).  The suit is for trademark infringement, unfair competition, and dilution and right of publicity violations, arising from Defendants' "initial public offering of a 'block' of cryptocurrency called, interchangeably, COINYE WEST, COINYE and COYE on their website . . . Although Defendants could have chosen any name for their cryptocurrency, they deliberately chose to trade upon the goodwill associated with Mr. West by adopting names that are admitted plays on his name."  (Complaint, pp. 1-2.)

 

In a civil procedure move that our students will likely find interesting, Judge Analisa Torres entered this order:

 

ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR PERMISSION TO USE EMAIL AS SERVICE OF PROCESS ON DEFENDANTS AND THIRD PARTIES: that Plaintiffs may serve all legal documents on defendants and third parties by email at email addresses that Plaintiffs ascertain to be valid and operational including, but not limited to the following email addresses: alexfour@orcon.net.nz; coinyewest@ gmail.com; contact@buycoinye.com; coinyecoin@outlook.com; support@coinyecasino.com, rozenbal@emeto.eu; dogecoincom@obscure.me. Such service shall constitute due and sufficient service and notice hereof.

 

The summonses were returned executed two days later.

January 25, 2014 in Current Affairs, Recent Decisions | Permalink | Comments (1)

Monday, December 9, 2013

Decision of Interest on the Federal Arbitration Act

Professors Charlie Sullivan and Tim Glynn (Seton Hall) have uncovered what appears to be a draft Supreme Court opinion in Pasquinade v. Quillet Enterprises, Inc. Or not. Here’s the abstract:

The opinion reproduced below was delivered to us anonymously, with a cover note stating that it had been found on a photocopy machine in the Supreme Court of the United States. Efforts to identify the source of the note have been unsuccessful; further, we have been unable to confirm that a case denominated Pasquinade v. Quillet Enterprises, Inc., was ever filed in that Court or in any other federal court.

In light of its unverified origins, the Pasquinade opinion should not be cited as authority. Nevertheless, it contains a few points of interest, and, who knows, could represent a kind of trial run by the Justice who supposedly authored it, complete with reaction to anticipated dissent. We express no opinion on the matter and merely offer Pasquinade “for what it’s worth.”

 

December 9, 2013 in Current Affairs, Federal Courts, Recent Scholarship | Permalink | Comments (0)

Friday, November 15, 2013

"Lawsuit Abuse Reduction" Bill Passes House

H.R. 2655,  the so-called "Lawsuit Abuse Reduction Act of 2013," passed the House of Representatives yesterday 228-195 (sigh . . . ). 

In 2011, Professor Lonny Hoffman testified against this bill before the House Judiciary Committee. 

November 15, 2013 in Current Affairs, Federal Courts, In the News | Permalink | Comments (0)

Wednesday, November 13, 2013

Hearing on Proposed Amendments to the FRCPs

Last week the Advisory Committee on the Civil Rules held a hearing in Washington, D.C. on the most recent round of proposed amendments to the Federal Rules of Civil Procedure. See below for links to:

The public comment period closes on February 15, 2014.

November 13, 2013 in Current Affairs, Discovery, Federal Rules of Civil Procedure | Permalink | Comments (0)

Wednesday, November 6, 2013

Still More on the Second Circuit's Order in the Stop-and-Frisk Case

Coverage of the Second Circuit’s order in the Stop-and-Frisk case—staying Judge Scheindlin’s rulings and ordering her removed from the case—continues:

More coverage here.

November 6, 2013 in Current Affairs, Federal Courts, In the News, Recent Decisions, Weblogs | Permalink | Comments (0)

Tuesday, November 5, 2013

Senate Judiciary Committee Hearing on Proposed Changes to FRCP Discovery Rules

In the midst of a week that’s chock full of civil procedure, we’re just moments away from a hearing of the Senate Judiciary Committee Subcommittee on Bankruptcy and the Courts entitled “Changing the Rules: Will limiting the scope of civil discovery diminish accountability and leave Americans without access to justice?” Here are the details and witness list:

Continue reading

November 5, 2013 in Current Affairs, Discovery, Federal Rules of Civil Procedure | Permalink | Comments (0)

Sunday, November 3, 2013

More on the Second Circuit's Order in the Stop-and-Frisk Case

We covered earlier the Second Circuit’s order staying District Judge Shira Scheindlin’s rulings in the stop-and-frisk litigation and removing her from the case. For more, here are a few links worth taking a look at:

 

November 3, 2013 in Current Affairs, Federal Courts, In the News, Recent Decisions, Weblogs | Permalink | Comments (0)

Friday, November 1, 2013

A Big Week for Civil Procedure & Federal Courts

There is a lot of action on the civil procedure & federal courts front next week. Mark your calendars (especially if you’ll be in D.C.).

 

November 1, 2013 in Current Affairs, Discovery, Federal Courts, Federal Rules of Civil Procedure, In the News, Supreme Court Cases | Permalink | Comments (0)

Sunday, October 6, 2013

Summary Judgment Granted in Cooley Law School's Defamation Suit

The ABA Journal reports that summary judgment was granted Cooley Law School's defamation suit against a law firm and bloggers who published comments criticizing the law school's reported employment statistics. 

The ABA Journal report is here.

U.S. District Judge Robert J. Jonker's ruling is here.

Cooley's statement is here.

Jesse Strauss's (founding partner in defendant law firm Kurzon Strauss) statement is here.

October 6, 2013 in Current Affairs, Federal Courts | Permalink | Comments (0)

Wednesday, September 4, 2013

Discovery and Lance Armstrong

Jim Vertuno (AP) covers a recent order by a Texas state court judge compelling Lance Armstrong to respond to discovery requests. Here are some excerpts from the report, Judge Orders Armstrong to Answer Doping Questions:

Nebraska-based Acceptance Insurance Holding is seeking the information in its lawsuit to recover $3 million in bonuses it paid Armstrong from 1999 to 2001.***

Travis County District Judge Tim Sulak last week ordered Armstrong to provide documents and written answers to a series of questions by the end of September. The case has been set for trial in April 2014.

The questions seek information dating to 1995 and ask Armstrong to detail who was paid for delivered performance-enhancing drugs, who determined what amount to use and administered them, and who was aware of his drug use. Acceptance specifically asks for information on when and how Armstrong's closest friends, advisers, ex-wife and business partners learned of his doping.

 

September 4, 2013 in Current Affairs, Discovery, In the News, State Courts | Permalink | Comments (0)

Saturday, August 17, 2013

Washington Post Op-Ed Urges Changes in ABA's Panel on Judicial Selection

The Washington Post published an Op-Ed yesterday by Professor Michael J. Yelnosky, at Roger Williams University School of Law.  Yelnosky notes that in the ABA's Standing Committee on the Federal Judiciary, which rates potential nominees for federal judicial vacancies, "Not one of the lawyers on the committee for 2013-14 regularly represents individuals who bring lawsuits alleging they were harmed by the actions of corporations or other business entities, and not one represents individuals charged with anything other than white-collar crimes."

PM

August 17, 2013 in Current Affairs, Federal Courts | Permalink | Comments (0)

Tuesday, August 13, 2013

Video Clip From ABA Panel "Are Courts Dying?"

For those of us unable to get to San Francisco, the ABA has made a brief video clip available from its panel on the courts funding crisis at the Annual Meeting (reported here).  The panelists are:

  • Tani G. Cantil-Sakauye, chief justice of the California Supreme Court
  • Jonathan Lippman, chief justice of the New York Court of Appeals
  • Wallace B. Jefferson, chief justice of the Texas Supreme Court

PM

August 13, 2013 in Conferences/Symposia, Current Affairs | Permalink | Comments (0)

Sunday, August 11, 2013

"Are Courts Dying?" ABA Program Explores Question at Annual Meeting

At the American Bar Association Annual Meeting in San Francisco, a panel entitled "Are Courts Dying? The Decline of Open and Public Adjudication" was moderated by Professor Judith Resnik.  Participants discussed "budget cuts and the generally high cost of legal representation."

PM

August 11, 2013 in Conferences/Symposia, Current Affairs, In the News | Permalink | Comments (0)

Saturday, June 15, 2013

Constitutional Litigation Structured as a Skills-and-Doctrine Course

Clinical Professor Sarah Ricks of Rutgers-Camden has published Current Issues in Constitutional Litigation. The book is part of the Context and Practice Casebook series and she uses it to teach a popular course of the same title.  You can read more about it here.

PM

June 15, 2013 in Books, Current Affairs | Permalink | Comments (0)

Wednesday, June 12, 2013

Report Shows Link Between Judicial Campaign Contributions and Pro-Business Decisions

From the National Law Journal:

study released on Tuesday by the American Constitution Society for Law and Policy identified a "statistically significant" relationship between ballooning campaign contributions by business interest to state supreme court candidates and pro-business decisions by those courts.

Researchers studied more than 2,345 business-related state high court opinions between 2010 and 2012 and campaign contributions during that same time to sitting state high court judges. As the percentage of contributions from business groups went up, the probability of a pro-business vote by judges — defined as any decision that made a business better off — went up as well.

The study's author was Joanna Shepherd, a professor at Emory University School of Law. During a teleconference, she said the findings demonstrated that state court elections were becoming increasingly politicized and expensive. She pointed to surveys showing concern within the judiciary and among the general public about the influence of outside dollars on the courts.

To read more of the article, click here.

PM

June 12, 2013 in Current Affairs, Recent Scholarship, State Courts | Permalink | Comments (0)

Monday, May 6, 2013

New blog tracks Federal Arbitration Act cases

Professor Imre Szalai has created a new blog, www.outsourcingjustice.com, posting about recent state and federal cases involving the Federal Arbitration Act.

PM

May 6, 2013 in Current Affairs, Recent Scholarship | Permalink | Comments (0)

Sunday, March 24, 2013

Plaintiffs' Mass Tort Lawyer Disbarred in Kentucky

In an opinion released March 21, 2013, the Kentucky Supreme Court has "permanently disbarred" plaintiffs' mass tort lawyer Stan Chesley from practicing law in the Commonwealth of Kentucky.  Chesley may face reciprocal disbarment from his home state of Ohio, where he is married to a federal judge.

The Kentucky Supreme Court held that Chesley was guilty of eight ethical violations relating to the collection of an "unreasonable" fee in connection with the fen-phen litigation.

Hat tip: ABA Weekly Journal.

-PM   

March 24, 2013 in Current Affairs, Mass Torts | Permalink | Comments (0)

Wednesday, March 6, 2013

Civil Procedure Will Be on February 2015 Multistate Bar Examination

Perhaps I should have titled this post "Lifetime Employment for Civil Procedure Professors Announced."

The National Conference of Bar Examiners has announced that Civil Procedure will be included as the seventh topic tested on the Multistate Bar Examination effective with the February 2015 administration.

With the addition of Civil Procedure, the MBE will continue to have 200 questions, 190 of which are scored (10 are unscored pretest items).  The difference will be that there will be 28 Contracts items, and 27 items each for the remaining six topics (Civ Pro, Con Law, Crim Law and Pro, Evidence, Real Property, and Torts), for a total of 190 tested questions. 

As of July 2013, every state except Louisiana will administer the MBE.

The "test specifications" (I assume this means the subjects possibly tested by) MBE Civil Procedure items will be announced no later than June 30, 2013.

--PM

March 6, 2013 in Current Affairs, In the News | Permalink | Comments (0)

Tuesday, February 26, 2013

Trial in BP Oil Spill Case

The trial in the BP Oil Spill case began yesterday in New Orleans federal court, before U.S. District Judge Carl Barbier. Coverage at…

--A

February 26, 2013 in Current Affairs, In the News, Mass Torts | Permalink | Comments (0)