Civil Procedure Prof Blog

Is a regularly updated blog featuring issues, commentary and discussion related to civil procedure.

Author: William Counseller, an associate professor of law at Baylor Law School, and Rory Ryan, an assistant professor at Baylor, edit the Civil Procedure Prof Blog, which is part of the Law Professor Blogs Network.

Blawg Related Categories: Civil Procedure • Law Professors • Baylor University • Law Professor

Recent Posts from Civil Procedure Prof Blog

“When You Got Nothing, You Got Nothing to Lose”
Recently, in a 5-4 opinion, the Court held in Spring Communications Co. L.P. v. APCC Services, Inc., No. 07-552, that a plaintiff that has been assigned the right to pursue a legal claim has standing…
Punitive Damage Award Limited to 1:1 Ratio
19 years ago, an Exxon supertanker spilled millions of gallons of crude oil off the coast of Alaska. After trial, the jury awarded $287 million in compensatory damages and $5 billion in punitive damages against…
Swinging With Kennedy and O’Connor
Over on Slate.com there is an interesting article comparing the swing voting styles of Justices Kennedy and former Justice O’Conner. This article examines the liberal and conservative swings of these two justices in light of…
Heller
The Court decided Heller, striking down D.C.'s ban. Justice Scalia wrote for the five-person majority. Click here to visit SCOTUSBlog, whose extensive coverage has already begun. Today was the final opinion day for the Court…
Converting a Rule 12c motion to a rule 56 motion: Sensations Inc. v. City of Grand Rapids
In case you haven’t seen this yet on the Federal Civil Practice Bulletin, the Sixth Circuit recently decided Sensations Inc. v. City of Grand Rapids. There, Plaintiffs-Appellants argued that by considering the legislative record attached…
An Eye For Personal Jurisdiction?
In Philips v. Prairie Eye Center, the First Circuit recently held that an eye treatment center did not meet the “minimum contacts” standard by negotiating an employment contract via e-mail with an eye doctor in…
Republic of Philippines v. Pimentel and FRCP 19b
Last Thursday, the Supreme Court ruled on Republic of Philippines v. Pimentel, holding that Federal Rule of Civil Procedure Rule 19 required the dismissal of an interpleader in the absence of one of the parties,…
“Out of Bounds” — Bush Administration’s Executive Privilege Claims
On Slate.com, David Iglesias posted an article titled “Out of Bounds – The Bush Administration’s Executive Privilege Claims Almost Make Watergate Look Like a Fond Memory.” To read the entire article discussing executive privilege claims,…
E.D. Pa. Finds Claim Inadequately Pleaded under Twombly
In George v. American Baptist Churches USA, 2008 WL 226581, the Eastern District of Pennsylvania dismissed Plaintiff’s claim of discriminatory discipline. The only paragraph in the complaint which could possibly be read to state such…
2d Cir: Federal Magistrates Lack Power to Remand
Law.com’s Mark Hamblett discusses the Williams v. Beemiller, Inc.case, in his piece, “2nd Circuit Holds Magistrate Lacks Power to Remand.” In Williams, the Second Circuit challenges a federal magistrate’s power under 28 U.S.C. § 1447…