Civil Law

Metal with words "Pat. Pend." stamped

On the Hill: PATENT Act Aims To Curb Patent Trolls

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Autumn 2015 | Volume 99 Number 2

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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Autumn 2015 | Volume 99 Number 2

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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Autumn 2015 | Volume 99 Number 2

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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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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