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. Aaron’s, Inc. (Byrd v. Aaron’s Inc., 784 F.3d 154 (3d Cir. 2015)), the U.S. Court of Appeals for the Third […]
Feature
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 […]
Feature
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 […]
Feature
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 […]
Feature
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 […]
Feature
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 […]
Case Note
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 […]
Feature
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 […]
