Civil Procedure & Federal Courts Blog

Michalski on Reagan, Giffin & Germano on Electronic Filing and Pro Se Litigants

Now on the Courts Law section of JOTWELL is Roger Michalski’s essay, The Swift Completion of Their Appointed Rounds. Roger reviews Tim Reagan, Carly Giffin & Roy Germano’s recent article, Federal Courts’ Electronic Filing by Pro Se Litigants (Federal Judicial Center 2022).

 

 

 

Campos on Francus on the Bankruptcy Texas Two-Step

This week on the Courts Law section of JOTWELL is Sergio Campos’s essay, Cutting Into the Texas Two-Step. Sergio reviews Michael Francus’s recent essay, Texas Two-Stepping Out of Bankruptcy, 120 Mich. L. Rev. Online 38 (2022).

 

 

 

Effron on Simon on Aggregation via Bankruptcy

This week on the Courts Law section of JOTWELL is Robin Effron’s essay, Fighting the Grift: The Stubborn Creep of Bankruptcy as a Forum for Aggregate Litigation. Robin reviews Lindsey Simon’s recent article, Bankruptcy Grifters, 131 Yale L.J. 1154 (2022).

 

 

 

Bartholomew on Ormerod on Qui Tam Enforcement of Privacy Laws

This week on the Courts Law section of JOTWELL is Christine Bartholomew’s essay, Refashioning Old Tools for Modern Society. Christine reviews a recent article by Peter Ormerod, Privacy Qui Tams, 98 Notre Dame L. Rev. (forthcoming 2023).

 

 

 

Mullenix on Dodge, Gardner & Whytock on State Forum Non Conveniens

This week on the Courts Law section of JOTWELL is Linda Mullenix’s essay, Deconstructing Forum Non Conveniens in the Context of Procedural Federalism. Linda reviews a recent article by Bill Dodge, Maggie Gardner, and Chris Whytock, The Many State Doctrines of Forum Non Conveniens, 72 Duke L.J. (forthcoming 2023).

 

 

 

 

 

Vladeck on Codrington on Purcell v. Gonzalez

This week on the Courts Law section of JOTWELL is Steve Vladeck’s essay, Purcell and the Terrible, Horrible, No Good, Very Bad Year. Steve reviews Wilfred Codrington’s recent article, Purcell in Pandemic, 96 N.Y.U. L. Rev. 941 (2021).

 

 

 

Carroll on Greene & Renberg on Non-Lawyer Judges

This week on the Courts Law section of JOTWELL is Maureen Carroll’s essay, Non-Lawyer Judges in Devalued Courts. Maureen reviews Sara Sternberg Greene & Kristen Renberg’s recent essay, Judging Without a J.D., 122 Colum. L. Rev. 1287 (2022).

 

 

 

AALS Federal Courts Section - Call for Nominations: Best Untenured Article on Federal Jurisdiction (Deadline 9/15/2022)

Here is the announcement:

The AALS Section on Federal Courts is pleased to announce the annual award for the best article on the law of federal jurisdiction by a full-time, untenured faculty member at an AALS member or affiliate school—and to solicit nominations (including self-nominations) for the prize to be awarded at the 2023 AALS Annual Meeting.

The purpose of the award program is to recognize outstanding scholarship in the field of federal courts by untenured faculty members. To that end, eligible articles are those specifically in the field of Federal Courts that were published by a recognized journal during the twelve-month period ending on September 1, 2022 (date of actual publication determines eligibility). Eligible authors are those who, at the close of nominations (i.e., as of September 15, 2022), are untenured, full-time faculty members at AALS member or affiliate schools, and have not previously won the award. Nominations (and questions about the award) should be directed to Prof. Diego Zambrano at Stanford Law School ([email protected]).

Without exception, all nominations must be received by 11:59 p.m. (EDT) on September 15, 2022. Nominations will be reviewed by a prize committee comprised of Professors Merritt McAlister (University of Florida Levin College of Law), Richard Re (University of Virginia), Mila Sohoni (University of San Diego School of Law), Steve Vladeck (University of Texas), and Diego Zambrano (Stanford) with the result announced at the Federal Courts section program at the 2023 AALS Annual Meeting.

 

 

Wasserman on Clopton on Catch and Kill Jurisdiction

The latest piece on the Courts Law section of JOTWELL is Howard Wasserman’s essay, Catching and Killing it in Federal Court. Howard reviews Zach Clopton’s recent article, Catch and Kill Jurisdiction, Mich. L. Rev. (forthcoming 2022).

 

 

 

Coleman on Reda on Empiricism and Procedural Inequality

Today on the Courts Law section of JOTWELL is Brooke Coleman’s essay, Data-Driven Procedural Inequality. Brooke reviews Danya Reda’s recent article, Producing Procedural Inequality Through the Empirical Turn, 94 U. Colo. L. Rev. (forthcoming 2023).

 

 

 

 

Alabama Law Review Symposium Issue on Personal Jurisdiction

Last year, the Alabama Law Review hosted a virtual symposium entitled Ten Years of the Supreme Court’s Personal Jurisdiction Revival. The symposium issue is now posted:

Maggie Gardner, Pamela K. Bookman, Andrew D. Bradt, Zachary D. Clopton & D. Theodore Rave, The False Promise of General Jurisdiction, 73 Ala. L. Rev. 455 (2022).

Lawrence B. Solum & Max Crema, Originalism and Personal Jurisdiction: Several Questions and a Few Answers, 73 Ala. L. Rev. 483 (2022).

Alexandra D. Lahav, The New Privity in Personal Jurisdiction, 73 Ala. L. Rev. 539 (2022).

Richard D. Freer, From Contacts to Relatedness: Invigorating the Promise of “Fair Play and Substantial Justice” in Personal Jurisdiction Doctrine, 73 Ala. L. Rev. 583 (2022).

A. Benjamin Spencer, Rule 4(k), Nationwide Personal Jurisdiction, and the Civil Rules Advisory Committee: Lessons from Attempted Reform, 73 Ala. L. Rev. 607 (2022).

Gregory C. Cook & Andrew Ross D’Entremont, No End in Sight? Navigating the “Vast Terrain” of Personal Jurisdiction in Social Media Cases After Ford, 73 Ala. L. Rev. 621 (2022).

David G. Wirtes, Jr. & Christy Ward Rue, Combating Weaponized Challenges to Personal Jurisdiction, 73 Ala. L. Rev. 661 (2022).

Thanks to everyone who participated! Very excited to see the contributions in print.

 

 

 

Campos on Gilles on Arbitration Reform Legislation

Today on the Courts Law section of JOTWELL is Sergio Campos’s essay, Talking the Talk to Walk the Walk. Sergio reviews recent congressional testimony by Myriam Gilles, Justice Restored: Forced Arbitration and the Erosion of our Legal System: Hearing on H.R. 963 Before the Subcomm. on Antitrust, Commercial, and Administrative Law, 117 Cong. __ (2021), and Silenced: How Forced Arbitration Keeps Victims of Sexual Violence and Sexual Harassment in the Shadows: Hearing Before the H. Comm. on the Judiciary, 117 Cong. __ (2021).

 

 

Bartholomew on Borchers on Personal Jurisdiction

Today on the Courts Law section of JOTWELL is Christine Bartholomew’s essay, A Post Minimum Contacts World. Christine reviews Patrick Borchers’ recent article Ford Motor Co. v. Montana Eighth Judicial District Court and “Corporate Tag Jurisdiction” in the Pennoyer Era, 72 Case W. Res. L. Rev. 45 (2021).

 

 

 

Endo on Beerdsen on Discovery Culture

Today on the Courts Law section of JOTWELL is Seth Endo’s essay, “Order Without Law” in Discovery. Seth reviews Edith Beerdsen’s recent article Discovery Culture, 57 Ga. L. Rev. (forthcoming).

 

 

 

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).

 

 

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).

 

 

 

 

Klonoff on COVID-19 Aggregate Litigation

Bob Klonoff has posted on SSRN a draft of his article, COVID-19 Aggregate Litigation: The Search for the Upstream Wrongdoer, which is forthcoming in the Fordham Law Review. Here’s the abstract:

COVID-19 has generated many lawsuits—including thousands of class actions—in which the plaintiffs claim that the defendants caused economic or health-related harm. Although the COVID-19 context may have led many plaintiffs’ lawyers to believe that the cases would be received with great sympathy, courts thus far have been very cautious, focusing closely—as they do in non-COVID cases—on whether the defendant has breached clear contractual commitments or engaged in tortious or other wrongdoing. If anything, courts have been more skeptical and cautious in the COVID context, recognizing that everyone has suffered from COVID and that, in many instances, defendants themselves have attempted in good faith to navigate the challenges raised by the pandemic. Because of space limitations, this article focuses primarily on three categories of cases that have already generated numerous rulings: business interruption insurance claims; tuition reimbursement actions; and suits against prisons and immigration detention facilities. These three categories of cases line up on a continuum based on whether the proximate cause of the harm is COVID itself or the conduct of the defendants. At one end are the business interruption insurance cases, which have received hostile treatment from almost all courts that have considered those claims. The underlying insurance policies almost universally require “physical loss or damage” to property, a requirement that is hard to square with losses caused by a pandemic. In the middle are the tuition refund cases, which have seen mixed success—with many (but not all) courts granting motions to dismiss after finding no contractual commitment to in-person teaching. At the other end is the category of cases raising COVID health and safety issues at prison and immigration detention facilities; on the merits this is the strongest of the three categories, given the clear legal duty of government officials to protect the health of those in their custody. Yet, even in this context, many courts have declined to authorize injunctive relief, finding that the officials involved have attempted in good faith to protect their populations from COVID. At bottom, courts have commendably stayed focused on the merits and have not been swayed by the enormity of COVID or the large numbers of claims. After discussing the three-above categories, this article also briefly examines: (1) consumer, labor, and securities fraud COVID-related cases; (2) COVID cases involving arbitration clauses and class action waivers; and (3) the handful of classwide settlements thus far in COVID-related litigation.

 

 

 

Effron on Sudeall & Pasciuti on Eviction Court

Today on the Courts Law section of JOTWELL is Robin Effron’s essay, “Day-in-Court Theater” in Eviction Court. Robin reviews Lauren Sudeall & Daniel Pasciuti’s recent article, Praxis and Paradox: Inside the Black Box of Eviction Court, 74 Vand. L. Rev. 1365 (2021).

 

 

 

 

Kalajdzic on Freer on Class Actions and the Roberts Court

Today on the Courts Law section of JOTWELL is Jasminka Kalajdzic’s essay, The Roberts Court’s Legacy in Class Action Jurisprudence. Jasminka reviews Rich Freer’s recent article, The Roberts Court and Class Litigation: Revolution, Evolution, and Work to be Done, 51 Stetson L. Rev. (forthcoming 2022).

 

 

 

Bookman on Summers on Eviction Procedure As Civil Probation

Today on the Courts Law section of JOTWELL is Pamela Bookman’s essay, Circumventing Procedure in Eviction Court. Pam reviews Nicole Summers’ recent article, Civil Probation.