Federal Courts

‘The People’ Have Decided

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Vol. 106 No. 2 | Losing faith?

There are many great judges. Only some have a major impact on our law — or even more rarely on our larger culture and society — and most of those […]

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Third Circuit Clarifies Ascertainability Standard for Class Actions

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Vol. 99 No. 2 | The Mass-Tort MDL Vortex

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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Bureaucratizing the Courts? Finding MDL’s Place in the Traditional Legal Culture

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Vol. 99 No. 2 | The Mass-Tort MDL Vortex

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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Vol. 99 No. 2 | The Mass-Tort MDL Vortex

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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Vol. 106 No. 1 | Necessarily Engaged

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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Time Magazine Supreme Court Photo - 1937

Shooting From the Hip: Concealed Cameras in the United States Supreme Court

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Vol. 99 No. 2 | The Mass-Tort MDL Vortex

On mar. 28, 1996, Justices David Souter and Anthony Kennedy testified before a House Appropriations subcommittee to discuss the Supreme Court’s budget for the upcoming fiscal year. Souter, appointed by […]

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Cited

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Vol. 99 No. 1 | The View from the Bench

Book: Federal Civil Procedure Manual Authors: Lee H. Rosenthal, David F. Levi, John K. Rabiej Publisher: Juris Publishing Publication Date: 11/2014 ISBN: 978-57823-378-6 Buy: http://www.jurispub.com/cart.php?m=product_detail&p=17102 About the authors: Lee H. Rosenthal is a U.S. District Court Judge […]

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Second Circuit Distinguishes Abandonment from Default in Summary Judgment

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Vol. 99 No. 1 | 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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Searching from Within: The Role of Magistrate Judges in Federal Multi-District Litigation

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Vol. 99 No. 1 | 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 States […]

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Doing Discovery Right

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Vol. 99 No. 1 | 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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