Civil Litigation & Procedure

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Affirming Dismissal on Qualified Immunity

Gerard E. Lynch

October 29, 2024

Opinion, Tanvir v. Tanzin, No. 23-738 (2d Cir. Oct. 29, 2024), D.E. 154, 120 F.4th 1049, aff'g Opinion, No. 1:13-cv-6951 (S.D.N.Y. Feb. 24, 2023), D.E. 149, 2023 WL 2216256.

Default and Default Judgment Practices in the District Courts

Emery G. Lee, Jason A. Cantone

October 18, 2024

This report summarizes the actual practices of district courts regarding entry of defaults and default judgments pursuant to Federal Rule of Civil Procedure 55.

Term Talk: Alexander v. S.C. State Conference of NAACP; Robinson v. Callais

Evan Lee, Hamid M. Khan, Erwin Chemerinsky

October 3, 2024

Voting. Redistricting. Experts discuss how courts should determine if race or party affiliation predominates in a legislature’s redistricting in Alexander v. South Carolina Conference of the NAACP, and the uncertainty surrounding application of the Purcell principle in Robinson v. Callais.

Term Talk: Fischer v. United States; Snyder v. United States

Francesca Williams, Laurie Levenson, Evan Lee

October 3, 2024

Criminal Law. Statutory Interpretation. Experts discuss the Court’s interpretation of the Sarbanes-Oxley Act as applied to January 6 defendants in Fischer v. United States, and whether the amended federal bribery statute continues to criminalize gratuities in Snyder v. United States.

Term Talk: United States v. Rahimi; Garland v. Cargill

Erwin Chemerinsky, Tara L. Grove, Hamid M. Khan

September 26, 2024

Second Amendment. National Firearms Act. Experts discuss the Court’s continued development of the history and tradition standard of analysis in the context of the Second Amendment, and how the abandonment of the Chevron Doctrine impacted the interpretation of the National Firearms Act.

Term Talk Extended: Loper Bright Enters. v. Raimondo; SEC v. Jarkesy; Corner Post v. Bd. of Govs. of the Fed. Reserve Sys.

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins

September 19, 2024

Administrative Law. Chevron deference. In this extended edition of Term Talk, experts review the Supreme Court's administrative law decisions over the past few terms and analyze their impact on the regulatory state, to include the rejection of Chevron deference in Loper Bright v. Raimondo; the prohibition against imposing administrative penalties for fraud without a jury trial in SEC v. Jarkesy; and extending the statute of limitations under the Administrative Procedure Act in Corner Post v. FRB.

Dismissal Order

Jeffrey Steven White

April 26, 2024

Order, In re NSA Telecommunication Records Litigation, No. 3:06-md-1791 (N.D. Cal. Apr. 26, 2024), D.E. 829.

Dismissal for Lack of Standing

February 23, 2024

Opinion, Long v. Garland, No. 1:15-cv-1642 (E.D. Va. Feb. 23, 2024), D.E. 80, 2024 WL 761850, rev’d, 151 F.4th 503 (4th Cir. 2025).

Term Talk: Glacier Northwest, Inc. v. Teamsters

Erwin Chemerinsky, Michael McConnell, Hamid M. Khan

October 12, 2023

Preemption. NLRA. Experts discuss the foreseeable, aggravated and imminent danger needed to remove unions from protection under the National Labor Relations Act and to allow actions in state courts to proceed.

Recurring Issues in False Claims Act Litigation (2023)

David Chizewer, Brian Cogan, Scott Stein, Jamie Yavelberg

October 10, 2023

This program provides a thorough overview of the False Claims Act and its key provisions. Our panelists, Judge Brian Cogan (Eastern District of New York), Jamie Yavelberg (Director of Commercial Litigation Branch at the US Department of Justice), David Chizewer (Chair in the Litigation Group of Goldberg Kohn) and Scott D. Stein (Partner at Sidley Austin) discuss history, provisions, changes, prominent cases, as well as practical application of the law.

Federal Judicial Center

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