Civil Law
Feature
A Closer Look at New Pleading in the Litigation Marketplace
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 […]
Briefs
On the Hill: PATENT Act Aims To Curb Patent Trolls
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 […]
Point/Counterpoint
Doing Discovery Right
by J. Leon Holmes and Craig B. Shaffer
Vol. 99 No. 1 (2015) | The View from the BenchJudge 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, […]
Feature
Once More Unto the Breach? Further Reforms Considered for Rule 23
Vol. 99 No. 1 (2015) | The View from the BenchEven Henry V probably could not exhort the rule makers to action, but reported needs of the procedural system may do so. Surely the class-action rule is one of the […]
Feature
Searching from Within: The Role of Magistrate Judges in Federal Multi-District Litigation
Vol. 99 No. 1 (2015) | The View from the BenchWhile 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 […]
Case Note
Second Circuit Distinguishes Abandonment from Default in Summary Judgment
Vol. 99 No. 1 (2015) | The View from the BenchIn 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 […]