Civil Procedure

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, […]

Waiving Removal, Waiving Remand–The Hidden and Unequal Dangers of Participating in Litigation

Joan Steinman

Abstract The law governing removal of cases to federal court and remand of cases from federal court has increasingly been codified. But what is not codified is left to courts, and courts have created bodies of law concerning waiver of the right to remove and waiver of the right to remand that are strongly skewed […]

Teaching and Learning Personal Jurisdiction After The Stealth Revolution

Deborah J. Challener

Abstract Response to Michael H. Hoffheimer, The Stealth Revolution in Personal Jurisdiction In The Stealth Revolution in Personal Jurisdiction, Professor Michael Hoffheimer uses Bristol-Myers Squibb Co. v. Superior Court (BMS), the U.S. Supreme Court’s latest personal jurisdiction decision, as a vehicle to critically examine the Court’s recent narrowing of both general and specific personal jurisdiction. […]

The Not-So-Stealthy Revolution in Personal Jurisdiction

Judy M. Cornett

Abstract Response to Michael H. Hoffheimer, The Stealth Revolution in Personal Jurisdiction With elegant style and in devastating detail, Professor Michael Hoffheimer has analyzed the slow death spiral of personal jurisdiction under the Roberts Court. He accurately identifies one source of the frustration scholars and lower courts have felt in trying to make sense of the Roberts […]

Reflections on Hoffheimer’s The Stealth Revolution in Personal Jurisdiction

Michael Vitiello

Abstract Response to Michael H. Hoffheimer, The Stealth Revolution in Personal Jurisdiction The Supreme Court did not grant review in a case involving personal jurisdiction between 1990 and 2010 at a time when our world flattened. Since then, the Court has decided six cases. In each, the Court has found that the assertion of jurisdiction violated […]

The Muddy-Booted, Disingenuous Revolution in Personal Jurisdiction

Patrick J. Borchers

Abstract Response to Michael H. Hoffheimer, The Stealth Revolution in Personal Jurisdiction When the editors of the Florida Law Review offered me the opportunity to comment on Professor Michael Hoffheimer’s wonderfully insightful article, I almost declined. The reason is that I agree with pretty much everything of substance he says. I agree with him that the […]