Civil Procedure

Using TLB to Teach Civil Procedure (2024 Update)

If you are teaching civil procedure this fall, TLB can help. This post gathers materials that can complement a standard civil procedure course, whether by providing concise overviews of doctrines, helping to track Supreme Court developments, or suggesting recent cases that can spark discussions of perennial procedural issues. Personal Jurisdiction TLB has a new primer…

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Liability Waivers and Statutory Interpretation

In 1936, Congress passed a law to prevent companies in the business of transporting people across the ocean from writing liability waivers into their contracts. That law, currently codified at 46 U.S.C. 30527(a), reads as follows: The owner, master, manager, or agent of a vessel transporting passengers between ports in the United States, or between…

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The Perils of Rule 44.1

Late last month, Judge Malachy E. Mannion of the Middle District of Pennsylvania ruled on a motion for summary judgment in Epsilon-NDT Endustriyel Kontrol Sistemleri Sanayi VE Ticaret, A.S. (“Epsilon”) v. Powerrail Distribution, Inc. (“PowerRail”). From one perspective, this case is an unremarkable business dispute arising out of an international contract. But from another perspective,…

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Latest Developments in Ecuadorian Toxic Tort Case

Since at least the early 1990s, Central and South American residents have been litigating in U.S. courts about their exposure to toxic pesticide called dibromochloropropane (“DBCP”). In the latest decision, Marquínez v. Dole Food Company, Judges Andrews in the District of Delaware held that a consolidated action on behalf of 65 Ecuadorian banana plant workers…

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New Article on Cross-Border Discovery

In the most recent issue of Judicature, Judge Michael Baylson and Professor Steven Gensler have a new article related to cross-border discovery—that is, discovery abroad in support of adjudication in U.S. courts. The whole article is worth readers’ time, though I will only briefly summarize it here. As TLB readers know well, cross-border discovery is…

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MDL-ing Transnational Litigation

Flag of Denmark

What happens when the tax authority of the Kingdom of Denmark believes it was defrauded by more than 150 pension plans across the United States? A multidistrict litigation! This post briefly summarizes an unusual litigation in the Southern District of New York captioned In re SKAT Tax Refund Scheme Litigation. The post begins with a…

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Using TLB to Teach Civil Procedure (2023 Update)

With the new school year come new decisions about how to incorporate yet another Supreme Court personal jurisdiction decision into the civil procedure curriculum. TLB can help! This post highlights materials on TLB that can provide updates on recent cases, concise overviews of doctrines, and conversation starters about procedural questions. Personal Jurisdiction The big news…

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Throwback Thursday: Federal Rule 44.1

For this installment of Throwback Thursday, we are going back to the year 1966. In that year, the Supreme Court adopted important changes to the Federal Rules of Civil Procedure governing class actions, amendments that have garnered substantial commentary ever since. This post addresses a less-heralded change, the introduction of Federal Rule 44.1 governing foreign…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Luana Matoso

Max Planck Institute for Comparative and International Private Law
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Curtis A. Bradley

University of Chicago Law School
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Pamela K. Bookman

Fordham University School of Law
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Matthew Salavitch

Fordham Law School
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Hannah Buxbaum

Indiana University Maurer School of Law
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Paul B. Stephan

University of Virginia School of Law
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Noah Buyon

Duke University School of Law
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Naman Karl-Thomas Habtom

University of Cambridge
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Ben Köhler

Max Planck Institute for Comparative and International Private Law
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Melissa Stewart

University of Hawai'i, William S. Richardson School of Law.
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Ian M. Kysel

Cornell Law School
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