Civil Law

A Closer Look at New Pleading in the Litigation Marketplace

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Autumn 2015 | Volume 99 Number 2

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

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Autumn 2015 | Volume 99 Number 2

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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Autumn 2015 | Volume 99 Number 2

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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Spring 2022 | Volume 106 Number 1

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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Autumn 2015 | Volume 99 Number 2

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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Autumn 2015 | Volume 99 Number 2

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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Summer 2015 | Volume 99 Number 1

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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Searching from Within: The Role of Magistrate Judges in Federal Multi-District Litigation

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Summer 2015 | Volume 99 Number 1

While federal magistrate judges are widely viewed as a highly qualified, experienced, and flexible corps of judicial officers who assist Article III district judges in docket management within the United States […]

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Doing Discovery Right

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Summer 2015 | Volume 99 Number 1

Judge Leon Holmes and Magistrate Judge Craig Shaffer compare the merits of proactive versus passive pretrial judicial discovery management. Significant proposed discovery amendments will take effect on Dec. 1, 2015, […]

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Once More Unto the Breach? Further Reforms Considered for Rule 23

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Summer 2015 | Volume 99 Number 1

Even Henry V probably could not exhort the rule makers to action,1 but reported needs of the procedural system may do so. Surely the class-action rule is one of the […]

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