Civil Law

Doing Discovery Right

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

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

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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Claims-Made Class-Action Settlements

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Vol. 99 No. 3 (2015) | Fixing Discovery

Many of us have received notice, by mail or by newspaper, of a class-action settlement on behalf of consumers who may unwittingly be claimants in a suit asserting that a […]

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The Nuts and Bolts of the 2015 Discovery Amendments

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Vol. 99 No. 3 (2015) | Fixing Discovery

How did these new amendments to the civil rules come about? Why now? How will they succeed when past efforts have failed? Duke Lew Dean David F. Levi leads a […]

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From Rule Text to Reality: Achieving Proportionality in Practice

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Vol. 99 No. 3 (2015) | Fixing Discovery

In November 2014, a year before the 2015 discovery amendments could become effective, the Duke Center for Judicial Studies started a project to provide guidance for judges and lawyers on […]

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Railroad Tracks

New Rules, New Opportunities

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Vol. 99 No. 3 (2015) | Fixing Discovery

In May of 2010, some 200 judges, lawyers, and academics gathered for two days at the Duke University Law School to evaluate the state of civil litigation in federal court. […]

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Cartoon image of a red Ford truck

Open Road? Ford Reroutes Personal Jurisdiction

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Vol. 105 No. 3 (2021) | Leaving Afghanistan

When can a plaintiff sue in their home state? The answer to that question was once answered fairly simply in a single first-year law class. But over the past decade, […]

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Pilot Project for Discovery Protocols for Employment Cases Alleging Diverse Action

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Vol. 100 No. 1 (2016) | 100 Years of Judicature

In November 2015, the Federal Judicial Center (FJC) reported to the Judicial Conference Advisory Committee on Civil Rules on a pilot project designed to streamline litigation by using pattern discovery […]

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Point Counterpoint

Jurors Asking Questions

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Vol. 100 No. 1 (2016) | 100 Years of Judicature

In some courtrooms, the practice of allowing jurors to pose questions to witnesses is gaining traction. Questioning witnesses allows jurors to clarify information and better understand the evidence and arguments […]

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Hands surrounding scales of justice

A Milestone for Diversity in MDL

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Vol. 100 No. 1 (2016) | 100 Years of Judicature

Center for Judicial Studies events help pave way for first majority-female steering committee MDLs are where the action is, and the PSC is where the litigation decisions are made for […]

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