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Civil Litigation & Procedure

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March 11, 2019
Margaret S. Williams, Emery G. Lee, Jason A. Cantone

This report examines the use of plaintiff fact sheets and related case management tools in multidistrict litigation.

March 8, 2019
David A. Sanders

Social Security disability cases pose many challenges. In practice, federal court review of Social Security agency decisions differs widely from district to district and from circuit to circuit. This pocket guide is a primer for judges deciding Social Security disability appeals at the district court level. It addresses issues that regularly arise in these appeals and highlights relevant provisions in the U.S. Code, the Code of Federal Regulations, and the Federal Register.

Downloadable file:
January 18, 2019
James D. Garbolino

Monzon v. De La Roca, 2018 U.S. App. LEXIS 34763 (3d Cir. Dec. 7, 2018)

Commencement of Proceedings Defined | Article 12 Defense | Settlement

January 18, 2019
James D. Garbolino

Fernandez v. Bailey, 909 F.3d 353 (11th Cir. 2018)

Article 18 Discretion to Return Child | Settlement | Repeated Abductions

Article 18 of the1980 Hague Convention provides that “[t]he provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.” This case examines the parameters of the court’s discretion to order a child returned to his or her habitual residence despite an abducting parent’s successful establishment of an Article 12 defense.

December 1, 2018

Beginning as early as May 1, 2017, some district courts are participating in a three-year pilot project known as the “Mandatory Initial Discovery Pilot Project,” which is studying whether requiring parties in civil cases to respond to a series of standard discovery requests before undertaking other discovery reduces the cost and delay of civil litigation.

December 1, 2018

Beginning on June 1, 2017, the Northern District of Illinois is participating in a three-year pilot project known as the “Mandatory Initial Discovery Pilot Project,” which is studying whether requiring parties in civil cases to respond to a series of standard discovery requests before undertaking other discovery reduces the cost and delay of civil litigation.

November 1, 2018

A detailed description of the Mandatory Initial Discovery Pilot Project, which began in participating courts as early as May 1, 2017.

Currently there are two courts participating in this pilot project:

November 1, 2018

A checklist itemizing the procedural requirements of the Mandatory Initial Discovery Pilot Project. The checklist is designed to be helpful to judges presiding over pilot cases and to attorneys participating in pilot cases as pilot requirements apply to the initial stages of discovery. The pilot project is scheduled to begin in participating courts as early as May 1, 2017.

Currently there are two courts participating in this pilot project:

June 1, 2018
Melissa J. Whitney

Science tutorials have developed as a tool to assist judges in managing cases that involve complex science and technology. Such tutorials provide an early opportunity for the court to learn and ask questions about relevant science and technology outside the context of motion practice. Courts should consider holding science tutorials in cases that involve recent scientific findings or newer technologies, where scientific assertions are central to claims or defenses, or when scientific or technological information is likely to play a large role in later dispositive motions.

Downloadable file:
May 31, 2018
Catherine R. Borden

This pocket guide is designed for transferee judges managing MDL proceedings that involve multiple, related class actions.

The guide assists transferee judges from the very beginning of MDL proceedings, before the judges determine whether the main focus of the litigation will be on class-related issues. Even if no class is ultimately certified, this guide can help transferee judges organize the litigation and set it on a smooth course. Topics addressed include categorization of claims and defenses, organization of counsel, the sequencing of motions practice, and settlement.

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