Federal Courts
Case Note
Third Circuit Clarifies Ascertainability Standard for Class Actions
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexThird 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
Bureaucratizing the Courts? Finding MDL’s Place in the Traditional Legal Culture
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexOver 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
The MDL Vortex Revisited
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexOne 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 […]
Briefs
Cited
Vol. 99 No. 1 (2015) | The View from the BenchBook: 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 […]
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 […]