Author Archives: A. Benjamin Spencer

Call for Papers: Vanderbilt Law School Civil Justice Scholarship Workshop

VANDERBILT LAW SCHOOL • BRANSTETTER LITIGATION & DISPUTE RESOLUTION PROGRAM CALL FOR PAPERS

Vanderbilt Law School and the Cecil D. Branstetter Litigation & Dispute Resolution Program announce the 2012 New Voices in Civil Justice Scholarship … Continue reading

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Prof. Coleman Posts The Vanishing Plaintiff on SSRN

Professor Brooke D. Coleman (Seattle) has just posted an article entitled The Vanishing Plaintiff on SSRN. Here is the abstract:

What if restrictive procedural rules kept cases like Bakke v. Regents of the Univ. of Cal., Monell v. Dept. of Soc. Servs… Continue reading

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Ninth Circuit Notes Intracircuit Split Re Compatability of Rule 23 Class Actions and Collective Actions under FLSA

Per Pitts v. Terrible Herbst, Inc. — F.3d —-, 2011 WL 3449473 (9th Cir. Aug. 9, 2011):

Aside from dismissing Pitts’s entire action for lack of subject matter jurisdiction, the district court alternatively dismissed Count 2 of the complaint beca… Continue reading

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Oregon’s Miller Symposium Call for Papers

Symposium Call for Papers: Miller’s Courts: Media, Rules, Policy, and the Future of Access to Justice
April 13, 2012 University of Oregon White Stag Building Portland, Oregon

Oregon Law Review is currently accepting submissions for the forthcoming… Continue reading

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Call for Papers from the AALS Section on Civil Procedure

The Executive Committee of the AALS Section on Civil Procedure invites the submission of papers for presentation at the Annual Meeting of the AALS January 4-8, 2012, in Washington, D.C.

The topic of our panel will be “Procedural Reform: Rulemaking v. … Continue reading

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Fifth Circuit Declines to Weigh in on Split Re Authority to Issue Injunction Pending Arbitration

Per Janvey v. Alguire — F.3d —-, 2011 WL 2937949 (5th Cir. July 22, 2011): The circuit split concerns the power of a district court to issue an injunction while arbitration is pending. The Fifth Circuit acknowledged the circuit split in … Continue reading

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U.S. Law Week Summarizes SCOTUS Civil Litigation Cases

U.S. Law Week (7/19/11) has published a summary analysis of the Supreme Court’s civil litigation cases from this term. Here is an excerpt:Court Reins in Class ActionsWal-Mart Stores Inc. v. Dukes: Avoided employment discrimination “Armageddon” for… Continue reading

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More SCOTUS Action on Personal Jurisdiction via Summary Dispositions

Professor Charles Campbell at Faulkner University, Jones School of Law was kind enough to share the following information:Yesterday, the Supreme Court granted certiorari, vacated, and remanded one personal jurisdiction case, Dow Chemical Canada ULC v. … Continue reading

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SCOTUS Decides Goodyear

The Supreme Court has issued a unanimous opinion in Goodyear Dunlop Tires Operations v. Brown, rejecting the claim that general jurisdiction can be asserted over a foreign corporation whose product caused harm outside of the forum state but who also ha… Continue reading

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SCOTUS "Decides" Nicastro

The Supreme Court has decided J. McIntyre Machinery, Ltd. v. Nicastro, No. 09-1343. Unfortunately, the Court did not resolve the issue left unresolved in Asahi, namely what is required of a defendant who places a product in the stream of commerce to s… Continue reading

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