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

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

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 […]

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Second Circuit Distinguishes Abandonment from Default in Summary Judgment

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

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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