Civil Procedure
Enforcing the Fiduciary Duties of Class Representatives
Andrew S. Pollis
Abstract Response to Bruce A. Green & Andrew Kent’s, May Class Counsel Also Represent Lead Plaintiffs? Professors Bruce A. Green and Andrew Kent have drawn much-needed attention to ethical issues that can arise when class-action lawyers simultaneously represent named individual plaintiffs and putative or certified classes. They analyze three scenarios of potential conflict for which […]
The Normality of Knick: A Response to Sterk and Pollack
Ilya Somin
Abstract Response to Stewart E. Sterk & Michael C. Pollack, A Knock on Knick‘s Revival of Federal Takings Litigation. The Supreme Court’s decision in Knick v. Township of Scott, has been criticized for supposedly wreaking havoc on the normal system for adjudicating takings claims, and for seriously violating norms of stare decisis. Stewart Sterk and Michael […]
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 […]