Federal Courts

The MDL Vortex Revisited

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Vol. 99 No. 2 (2015) | 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 (2022) | 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 (2015) | The Mass-Tort MDL Vortex

On March 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 (2015) | 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 (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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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 States […]

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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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Rule 37(e): The New Law of Electronic Spoliation

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

Effective dec. 1, 2015, federal rule of civil procedure 37(e) will change dramatically the law of spoliation. Prior to the adoption of this rule, the Circuits had split on the […]

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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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