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Civil Litigation & Procedure

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Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
September 28, 2022

Civil Rights. §1983. Malicious Prosecution and Miranda Warnings.  Experts discuss how the Court resolved a circuit split as to what constitutes a favorable outcome allowing a claim for malicious prosecution to go forward, and whether violations of Miranda warning rules can support a claim under §1983. 

Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
September 28, 2022

Civil Rights. §1983 and Bivens. Excessive Force. Experts discuss what is required for precedent to put officers on notice of actions deemed unconstitutional, as well as the likelihood that new claims will ever be recognized under Bivens.

Paul Clement, James A. Chance
September 21, 2022

Administrative Law. Experts discuss the limits of agency authority and the emerging Major Questions Doctrine in the context of employer COVID vaccination and testing requirements.

Robert Timothy Reagan
August 28, 2022

Cases involving national security often pose unusual and challenging case-management issues for the courts.

August 23, 2022

This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2023.

Kristin A. Garri, Emery G. Lee
June 15, 2022

This report summarizes findings on jury-trial demands from court electronic records for civil cases terminated in fiscal years 2010–2019.

Judicial Conference of the United States, Committee on Court Administration and Case Management
June 13, 2022

This manual provides trial judges a handbook on managing civil cases. It sets out a wide array of case-management techniques, beginning with early case screening and concluding with steps for streamlining trials and final disposition.

Emery G. Lee
May 12, 2022

This study examines the incidence of consolidated cases in the district courts with a focus on how often “original action final judgments” (OAFJs) create scenarios in which litigants may lose their appeal rights because of confusion about when to file a notice of appeal.

James D. Garbolino
April 28, 2022

Custody Rights | Settlement Agreements | Choice of Law

November 15, 2021

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 oth

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