Case Note
Civil Law, Federal Courts
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 […]
Civil Law, Federal Courts
GM MDL Raises Questions About Fiduciary Duty
Vol. 100 No. 2 (2016) | A Judge in Public LifeIn 2014, General Motors (GM) recalled at least 30 million cars worldwide for problems related to faulty ignition switches that could unexpectedly shut the engine off and prevent the airbags […]
Court Administration, Federal Courts
Labrier an example of new proportionality rules at work
Vol. 100 No. 3 (2016) | Who appointed me god?In December 2015, the amendments to Federal Rule of Civil Procedure 26(b) took effect. These amendments, highlighted in Judicature’s Winter 2015 issue, moved the proportionality provisions from Rule 26(b)(2)(C)(iii), as a limit on discovery, […]
Civil Law, Court Administration
Cain questions court funding, highlights best practices for proportionality
Vol. 101 No. 1 (2017) | Citizen-centered CourtsCain v. City of New Orleans (15-cv-04479) brings into sharp relief issues threatening the judiciary’s legitimacy, while simultaneously providing a procedural roadmap applying the 2015 discovery-proportionality amendments — themes highlighted […]
Judging, Law & Culture
Seven Supreme Court Cases to Watch
Vol. 101 No. 4 (2017) | Equal opportunity?Justice Neil Gorsuch began his first full term on the Supreme Court this past October, with court-watchers anticipating which cases the Supreme Court will take and how Justice Gorsuch will […]
Civil Law, Federal Courts
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 […]