Saturday, January 28, 2012

Links to the Florida/Tobacco Cert Petitions

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."


January 28, 2012 in Class Actions, Tobacco | Permalink | Comments (0) | TrackBack (0)

Friday, January 27, 2012

Second Circuit Refuses to Block Enforcement of Ecuador Judgment

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.

You can find Patrick Radden Keefe's article about the plaintiffs' lead lawyer, Steve Donziger, here.  More on the litigation on Keefe's blog here



January 27, 2012 | Permalink | Comments (0) | TrackBack (0)

Tuesday, January 24, 2012

Engle's Progeny Go to the Supreme Court

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). 



January 24, 2012 in Aggregate Litigation Procedures, Class Actions | Permalink | Comments (0) | TrackBack (0)

Sunday, January 22, 2012

Martin Redish on Pleading, Discovery, and the Federal Rules

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.


January 22, 2012 in Mass Tort Scholarship, Procedure | Permalink | Comments (0) | TrackBack (0)