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In 2018, I was appointed as special master under Rule 53 of the Federal Rules of Civil Procedure in a nationwide class action that had resulted in a judgment of […]
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Imagine that you (a former civil trial judge) and your colleague (a former tax court judge) are on an appellate panel assigned to adjudicate two appeals. One is an appeal […]
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by Michael M. Baylson and Steven S. Gensler
Vol. 107 No. 2 (2023) | Generative AI in the CourtsIn todayâs world of borderless commerce, digital documents, and cloud storage, information relevant to U.S. litigation frequently is located outside of the United States. When discovery in a U.S. case […]
Briefs
by Arti K. Rai
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexOn Apr. 29, a bipartisan coalition of Senate Judiciary Committee members led by Senators John Cornyn (R-TX) and Chuck Schumer (D-NY) introduced the Protecting American Talent and Entrepreneurship Act of […]
Case Note
Third Circuit Clarifies Ascertainability Standard for Class Actions In Byrd v. Aaronâs, Inc. (Byrd v. Aaronâs Inc., 784 F.3d 154 (3d Cir. 2015)), the U.S. Court of Appeals for the Third […]
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by Scott Dodson
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexCourts and parties undoubtedly are affected by the new pleading regime of twombly and Iqbal. But, as rational actors, they also are responsive to it. Their responsive behaviors both mitigate […]
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Over the past three decades three forces gained prominence in the narrative of the 1938 rules: the decline of trials with a companion embrace by bench and bar of arbitration and […]
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One of the more interesting cases I worked on as a young associate in the early 1980s involved george steinbrenner, the well-known owner of the New York Yankees. He had […]
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by Elizabeth Burch and Stephen R. Bough
Vol. 106 No. 1 (2022) | Necessarily EngagedIn 2020, nearly one out of every two new suits filed in federal civil court was part of a multidistrict litigation (MDL). Initially designed to organize antitrust cases against electrical equipment manufacturers, […]
Point/Counterpoint
Since at least 1990, a few courts have shifted payment of discovery costs to the requesting party either under their general case- management authority or as part of a Rule 26 […]
