Civil Procedure

Recent Case: Palin v. New York Times Co.

November 2, 2019

“This case is ultimately about the First Amendment, but the subject matter implicated in this appeal is far less dramatic: rules of procedure and pleading standards.” So began Judge Walker’s opinion reversing the district court’s dismissal of Sarah Palin’s defamation suit against the New York Times (“the Times”). The Second Circuit’s decision did turn on…

Recent Case: Gibbons v. Bristol-Myers Squibb Co.

April 18, 2019

A tactic known as “snap removal” has divided federal district courts. Can a defendant remove a suit filed in its home forum (or the home forum of another defendant) after the plaintiff filed the suit but before service of process? At first blush, 28 U.S.C. § 1441(b)(2) –– the forum defendant rule –– would seem…

Contracting for Procedure Redux

November 30, 2017

Legal scholars often are criticized for devoting hundreds of pages to theorizing about mountains that turn out to be molehills when examined in the light of data drawn from practice. Scholarship at the intersection of contracts and civil procedure, to which we have contributed, has been accused of falling into that trap. Six years ago,…