Civil Procedure

Activist Judges?: Technology, Rule 1, and the Limits of Judge Matthewman’s New Paradigm for E-Discovery

David Horrigan

Response to William Matthewman, Towards a New Paradigm for E-Discovery in Civil Litigation: A Judicial Perspective Abstract The description, “activist judge,” often has a pejorative connotation in the culture wars, but what about judicial activism advocating for professionalism, cooperation, and honest good faith in e-discovery? Activism has been defined as “a doctrine or practice that […]

May Class Counsel Also Represent Lead Plaintiffs?

Bruce A. Green & Andrew Kent

Abstract For decades, courts and commentators have been aware that thepotential for conflicting interests among the class representatives, classcounsel, and absent class members is inherent in the class action device.Notwithstanding this realization and a substantial amount of scholarlyand judicial commentary on class conflicts, one kind of conflict has notreceived due attention: the conflict that inevitably […]

Wrongful Removals

Lonny Hoffman and Erin Horan Mendez

Response to Joan Steinman, Waiving Removal, Waiving Remand—The Hidden and Unequal Dangers of Participating in Litigation Abstract Professor Steinman’s treatment of the disparities in removal and remand law is sobering and deserves careful consideration by law makers. We want to add our voice to her analysis by adding some additional context and perspective on some […]

Magistrate Judge Matthewman’s New E-Discovery Paradigm and Solving the E-Discovery Paradox

William F. Hamilton

Abstract Response to William Matthewman, Towards a New Paradigm for E-Discovery in Civil Litigation: A Judicial Perspective We are gradually leaving a quasi-dystopian era of “no-holds-barred” discovery slugfests featuring overreaching, recalcitrance, posturing, and exaggeration. On the future’s horizon, advance parties have made fitful, hesitant, and, at times, successful forays into the rich terrain of electronically […]

A View From the Bench and the Trench(es) in Response to Judge Matthewman’s New Paradigm for EDiscovery: It’s More Complicated

Andrew Jay Peck

Abstract Response to William Matthewman, Towards a New Paradigm for E-Discovery in Civil Litigation: A Judicial Perspective We need more judges like my friend Judge William “Bill” Matthewman, who are willing to reflect on eDiscovery, not as a nuisance to be avoided, but in a thoughtful manner to advance the aims of Rule 1, for […]

Towards a New Paradigm for E-Discovery in Civil Litigation: A Judicial Perspective

William Matthewman

Abstract The Federal Rules of Civil Procedure provide the basic framework for production of discovery that is relevant and proportional to litigants’ claims and defenses. In the past, litigants and attorneys far too often used these rules to obstruct the discovery process rather than to facilitate it. This Old Discovery Paradigm used overbroad discovery requests, […]