Civil Procedure
Mayor of Baltimore v. BP P.L.C.
Fourth Circuit Declines to Apply Federal Common Law for Municipal Climate Change Lawsuit.
Fourth Circuit Declines to Apply Federal Common Law for Municipal Climate Change Lawsuit.
First Circuit Divides on Constitutionality of Warrantless Pole-Camera Surveillance of Home's Curtilage.
First Circuit Holds that Federal Rule of Civil Procedure 4(k)(1)(a)'s Territorial Constraints Apply to Only the Initial Service of Process.
The United States has an adversarial legal system, meaning the parties to a given lawsuit play a central role in shaping its outcome.See McNeil v. Wisconsin, 501 U.S. 171, 181…
Introduction Millions of debt cases are filed in the civil courts every year.See Pew Charitable Trs., How Debt Collectors Are Transforming the Business of State Courts 5–8 (2020), https://www.pewtrusts.org/-/media/assets/2020/06/debt-collectors-to-consumers.pdf [https://perma.cc/N99W-VGAA];…
It is — and has long been — well known that the Executive’s power is expanding. To date, there are two dominant analyses of the judiciary’s role in that expansion:…
Introduction In TransUnion LLC v. Ramirez, the Supreme Court held that individuals claiming a violation of a federal statute had no standing unless they could show…
Ninth Circuit Adopts Per Se Rule for Modification of Injunctions Based on Superseded Law.
Second Circuit Declines to Rehear Immigration Case En Banc, Despite Circuit Split.
Ninth Circuit Holds that Absent Class Members Must Satisfy Article III Standing at the Damages Phase of a Class Action.