Monday, September 30, 2013
The BLT: The Blog of LegalTimes reports that the Justice Department has released a Contingency Plan for FY 2014 (which starts tomorrow) "in the event of a lapse in appropriations" (the phrase used in the Contingency Plan). Most Civil Division employees will be subject to furlough because their activities do not relate to "emergencies involving the safety of human life or the protection of property," or meet some other category of exemption. Although the Administrative Office of the U.S. Courts has indicated "that federal courts will continue to hear and decide cases without interruption," Justice is directing its civil litigators "to approach the courts and request that acvtive cases, except for those in which posponement would compromise . . . the safety of human life or the protection of property, be postponed until funding is available."
Thursday, September 26, 2013
The federal judiciary, which has been releasing dire warnings about its financial situation for months, has just released an announcement on Third Branch News that reads:
In the event of a government shutdown on October 1, 2013, the federal Judiciary will remain open for business for approximately 10 business days. On or around October 15, 2013, the Judiciary will reassess its situation and provide further guidance. All proceedings and deadlines remain in effect as scheduled, unless otherwise advised. Case Management/Electronic Case Files (CM/ECF) will remain in operation for the electronic filing of documents with courts.
Monday, September 9, 2013
A divided state Superior Court panel has thrown out a $14.5 million asbestos verdict awarded to the widow of a man who died from mesothelioma, determining that her counsel's suggestion of a specific sum for damages to the jury was improper and that the plaintiff's expert's testimony was inadmissable. Read more . . .
Wednesday, September 4, 2013
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.
Monday, August 26, 2013
Sunday, August 25, 2013
Adam Liptak has this story in today’s New York Times: Court Is ‘One of Most Activist,’ Ginsburg Says, Vowing to Stay
Tuesday, August 13, 2013
Here’s Adam Liptak’s latest story, When Lawyers Cut Their Clients Out of the Deal, which discusses a recent Ninth Circuit decision on cy pres settlements that is the subject of a pending Supreme Court cert. petition, Marek v. Lane (No. 13-136).
Sunday, August 11, 2013
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."
Friday, July 12, 2013
The Atlantic online has posted an essay entitled "How the Sequester is Holding up Our Legal System" by Andrew Cohen. It describes federal judges' concerns about issues raised if the budget cuts reach into the next fiscal year. "The sequester . . . represents an assault by the legislative and executive branches upon core judicial functions. . . . The Administrative Office of the United States already has indicated that it may be forced to eliminate civil jury trials in the month of September . . ."
The essay also describes public apathy about the issue.
Hat tip: Howard Bashman, @howappealing.
Wednesday, July 3, 2013
The Legal Intelligencer reports that a Pennsylvania lower court has upheld the statutory $500,000 limit on damages awards against governmental entities, reducing a $14 million award to a plaintiff for loss of her leg, and setting the stage for a constitutional challenge to the damages cap in the Pennsylvania Supreme Court.
Monday, July 1, 2013
Today the U.S. Supreme Court announced that Scott Harris has been appointed to be the twentieth Clerk of the U.S. Supreme Court, effective September 1. Congratulations!
Coincidentally, the new Clerk’s first and last names are the lead parties of a fairly recent Supreme Court merits decision. Readers will recall Scott v. Harris, 550 U.S. 372 (2007), the summary-judgment-by-car-chase-video case. (You can see the video here.)
Sunday, June 23, 2013
Friday, June 14, 2013
(Hat Tip: Jack Preis)
Sunday, May 5, 2013
Today’s New York Times features a story by Adam Liptak, Corporations Find a Friend in the Supreme Court, which discusses several of the Court’s recent decisions on civil procedure, including Comcast v. Behrend, Wal-Mart v. Dukes, AT&T Mobility v. Concepcion, Kiobel v. Royal Dutch Petroleum, and Standard Fire Insurance v. Knowles.
Tuesday, March 26, 2013
Wednesday, March 6, 2013
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.
Monday, March 4, 2013
1. Whether due process permits a court to exercise personal jurisdiction over a defendant whose sole “contact” with the forum State is his knowledge that the plaintiff has connections to that State.
2. Whether the judicial district where the plaintiff suffered injury is a district “in which a substantial part of the events or omissions giving rise to the claim occurred” for purposes of establishing venue under 28 U.S.C. § 1391(b)(2) even if the defendant’s alleged acts and omissions all occurred in another district.
You can find a link to the 9th Circuit’s opinion below and other information about the case at SCOTUSblog’s casefile.
Here’s a story on the case from the AP.
Here are links to some recent coverage of last week’s Supreme Court decision in Clapper v. Amnesty International, which rejected a challenge to federal wiretapping procedures for lack of Article III standing:
Tuesday, February 26, 2013
The trial in the BP Oil Spill case began yesterday in New Orleans federal court, before U.S. District Judge Carl Barbier. Coverage at…
- AP (Michael Kunzelman)
- NPR (Mark Memmott)
- NY Times (Clifford Krauss & Barry Meier)
- Times-Picayune (Mark Schleifstein)
Tuesday, January 8, 2013
Yesterday the Supreme Court heard oral argument in The Standard Fire Insurance Co. v. Knowles (No. 11-1450), which considers whether plaintiffs can block CAFA removal by stipulating that the class is seeking damages below the $5 million threshold for CAFA diversity jurisdiction. Check out the oral argument transcript.
For additional coverage:
- Associated Press (Mark Sherman)
- Bloomberg (Greg Stohr)
- How Appealing (Howard Bashman)
- National Law Journal (Tony Mauro)
- N.Y. Times (Adam Liptak)
- Reuters (Jonathan Stempel)
- SCOTUSblog (Prof. Debra Lyn Bassett, Southwestern Law School)
- @SCOTUSHUMOR (Prof. Jay Wexler, Boston University)