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 […]
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 […]
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 […]
by Elizabeth Burch and Stephen R. Bough
Vol. 106 No. 1 (2022) | Necessarily EngagedIn 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, […]
by Kyle C. Kopko and Erin Krause
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexOn 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 […]
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 […]
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 […]
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 […]
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, […]
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 […]