Federal Judge Uses Benchslap Cartoon To Make Civil Procedure Point.

09 Tuesday Dec 2014

Posted by Celia C. Elwell, RP in Civil Procedure, Federal Civil Procedure, Jurisdiction

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Above the Law (blog), Federal Rules of Civil Procedure, Joe Patrice, Jones Day Law Firm, Judge Robert J. Jonker, Jurisdiction

Judge Uses Cartoons To Benchslap Jones Day, by Joe Patrice, Above The Law Blog

http://abovethelaw.com/2014/12/judge-uses-cartoons-to-benchslap-jones-day/

Judge Robert J. Jonker is a saucy one.

He once shot down Thomas M. Cooley Law’s trumped up defamation claims by declaring that the statement that Cooley “‘grossly inflates its graduates’ reported mean salaries’ may not merely be protected hyperbole, but actually substantially true.” Snap.

So it wasn’t a tremendous shock to see Judge Jonker involved when a recent benchslap kicked off with a cartoon.

Is it the funniest cartoon in the world? No. Indeed, it falls into the Ziggy realm of groan-inducing comics. But is it a special kind of embarrassing when a federal judge feels words are not enough to call out your inappropriate behavior and breaks the judiciary’s largely staid approach to put a comic into an opinion? Absolutely.

So what got him so irked? . . . .

Two 2014 Pivotal Supreme Court Cases on Personal Jurisdiction And Their Lasting Impact on Civil Litigation.

08 Sunday Jun 2014

Posted by Celia C. Elwell, RP in Civil Procedure, Class Actions, Federal Civil Procedure, Jurisdiction, Litigation

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Cassandra Burke Robertson, Charles "Rocky" Rhodes, Civil Litigation, Civil Procedure & Federal Courts Blog, Class Action, Daimler AG v. Bauman, Jurisdiction, Personal Jurisdiction, Robin Effron, SSRN, Walden v. Fiore

Rhodes and Robertson on the New PJ Decisions, by Robin Effron, Civil Procedure & Federal Courts Blog

http://tinyurl.com/kbepuyd

Interesting implications for both state and federal civil litigation. This article deserves thoughtful study. -CCE

Charles “Rocky” Rhodes (South Texas College of Law) and Cassandra Burke Robertson (Case Western) have posted Toward a New Equilibrium in Personal Jurisdiction to SSRN.

In early 2014, the Supreme Court decided two new personal jurisdiction cases that will have a deep and wide-ranging impact on civil litigation in the coming decades: Daimler AG v. Bauman, 134 S. Ct. 746 (2014), and Walden v. Fiore, 134 S. Ct. 1115 (2014). Bauman eliminates the traditional “continuous and systematic” contacts test for general jurisdiction, and Walden significantly retracts the ability of courts to exercise personal jurisdiction over out-of-state defendants whose actions have in-state effects. Taken together, both cases will make it significantly more difficult for plaintiffs to exercise control over where lawsuits are filed. In some cases — such as large-scale class actions — the new decisions may make it impossible to identify a single forum where multiple defendants can be sued together, and will therefore shift the balance of litigation power from plaintiffs to defendants.

This Article examines the effect that these decisions will have on future litigation and suggests solutions to the problems that will arise in the wake of these decisions. It analyzes how the Court’s new jurisprudence has shifted the balance of power in the jurisdictional framework, and it explores areas of future litigation. . . .