Saturday, January 28, 2012
Scotusblog has the links to all the linked petitions in the litigation arising out of the use of preclusion in issue class actions. Here is the link to Scotusblog.
The question presented is "whether the imposition of liability based on earlier litigation without any assurance that the earlier litigation actually decided the precluded issue violates the Due Process Clause of the Fourteenth Amendment."
Friday, January 27, 2012
The Second Circuit issued an opinion yesterday reversing the district court and refusing to block enforcement of a judgment against Chevron in Ecuador. Coverage at Civil Procedure & Federal Courts Blog and Thompson Reuters News & Insight.
If you haven't seen it, I recommend reading the New Yorker coverage of the litigation. Talk about scorched earth! Its a fantastic teaching tool for civil procedure and complex litigation and a great read.
Tuesday, January 24, 2012
The litigation that arose of out the Engle class action ruling (Engle v. Ligett Group, 945 So.2d 1245 (Fla. 2006) might be coming to the Supreme Court. As mentioned in my previous post, petitions for cert have been filed by Philip Morris and others. In Engle the Florida Supreme Court held that the factual findings reached in an issue class class action can preclude the tobacco company from raising certain issues in subsequent litigation against class members. Now the individual cases that were part of that class action are being litigated and Philip Morris claims that the use of issue preclusion here violates their due process rights.
So far there is a petition for cert (2011 WL 6330473), Brief of the Product Liability Advisory Council, Inc. as Amicus Curiae in Support of Petitioners (2012 WL 135308), Brief of The Chamber of Commerce of The United States of America as Amicus Curiae in Support of Petitioners (2012 WL 167004) and Brief of Professors Aaron Twerski and James A. Henderson Jr. as Amici Curiae in Support of Petitioners (2012 WL 167005).
Sunday, January 22, 2012
Professor Martin Redish (Northwestern) has an article, Pleading, Discovery, and the Federal Rules: Exploring the Foundations of Modern Procedure, in the January 2012 issue of the Federalist Society's Engage.