Civil Procedure & Federal Courts Blog

Erbsen on Bookman & Shanahan on Civil Procedure Without Lawyers

Today on the Courts Law section of JOTWELL is Allan Erbsen’s essay, Civil Procedure for Lawyerless Courts. Allan reviews Pamela Bookman & Colleen Shanahan’s recent article, A Tale of Two Civil Procedures, 122 Colum. L. Rev. (forthcoming 2022).

 

 

SCOTUS Cert Grant on Equitable Tolling: Arellano v. McDonough

Today the Supreme Court granted certiorari in Arellano v. McDonough, which involves the effect of Irwin v. Department of Veterans Affairs, 498 U.S. 89 (1990), on applications for veterans’ disability benefits. Here are the questions presented:

(1) Does Irwin’s rebuttable presumption of equitable tolling apply to the one-year statutory deadline in 38 U.S.C. § 5110(b)(1) for seeking retroactive disability benefits, and, if so, has the Government rebutted that presumption?

(2) If 38 U.S.C. § 5110(b)(1) is amenable to equitable tolling, should this case be remanded so the agency can consider the particular facts and circumstances in the first instance?

You can find the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog and at the Supreme Court website.

 

 

 

 

Smith on Citron & Solove on Privacy Law and Judicial Remedies

Today on the Courts Law section of JOTWELL is Fred Smith’s essay, No Harm, No Foul? Privacy Law and Judicial Remedies. Fred reviews Danielle Citron and Dan Solove’s recent article, Privacy Harms, 102 B.U. L. Rev. (forthcoming 2022).

 

 

 

 

SCOTUS Stays Lower Court Order to Revise Alabama’s Congressional Redistricting Plan

Yesterday, the Supreme Court issued a decision in Merrill v. Milligan and Merrill v. Caster. By a 5-4 vote, the Court stayed the three-judge district court’s order, which had found that Alabama’s redistricting plan violated Section 2 of the Voting Rights Act and must be revised for the 2022 election. The Supreme Court noted probable jurisdiction in Merrill and granted certiorari before judgment in Caster, setting up both cases to be argued on the merits but allowing the challenged redistricting plan to be used in the 2022 election.

Justice Kavanaugh, joined by Justice Alito, wrote an opinion concurring in the stay grant.

Chief Justice Roberts and Justice Kagan (the latter joined by Justices Breyer and Sotomayor) each wrote opinions dissenting from the stay grant.