Civil Law

Should the Federal Rules of Civil Procedure Be Amended to Address Cross-Border Discovery?

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Vol. 107 No. 2 (2023) | Generative AI in the Courts

In today’s 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 […]

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Metal with words "Pat. Pend." stamped

On the Hill: PATENT Act Aims To Curb Patent Trolls

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

On 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 […]

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Third Circuit Clarifies Ascertainability Standard for Class Actions

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

Third Circuit Clarifies Ascertainability Standard for Class Actions In Byrd v. Aaron’s, Inc. (Byrd v. Aaron’s Inc., 784 F.3d 154 (3d Cir. 2015)), the U.S. Court of Appeals for the Third […]

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A Closer Look at New Pleading in the Litigation Marketplace

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

Courts 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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Bureaucratizing the Courts? Finding MDL’s Place in the Traditional Legal Culture

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

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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The MDL Vortex Revisited

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

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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Collected Wisdom on Selecting Leaders and Managing MDLs

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Vol. 106 No. 1 (2022) | Necessarily Engaged

In 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, […]

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U.S. dollars in a jar

Discovery Cost Shifting: Has Its Time Come?

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

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 […]

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A Frankenstein character with "MDL" on shirt is "wrangled" by ropes

Wrangling the Beast

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

With multidistrict litigation cases occupying a full third of the federal docket, would you know how to litigate or adjudicate one? If your answer is a bit timid, it may […]

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Second Circuit Distinguishes Abandonment from Default in Summary Judgment

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Vol. 99 No. 1 (2015) | The View from the Bench

In Jackson v. Federal Express, 766 F.3d 189 (2d Cir. 2014), the U.S. Court of Appeals for the Second Circuit addressed a twist on the rule — now codified in Civil […]

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