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Federal Rules of Civil Procedure

This tag is associated with 8 posts

Congressional Overhaul of Class Action Procedure Pending Senate Consideration

As class action litigation has continued to proliferate, we have seen efforts to rein in the perceived abuses of the system on multiple fronts. Over a decade ago, Congress passed the Class Action Fairness Act of 2005 (CAFA) to provide an avenue for defendants to remove class actions filed in state courts to the more … Continue reading

Class Action Settlements at the Heart of Proposed Amendments to Federal Rule of Civil Procedure 23

Federal class action jurisprudence has been evolving rapidly over the course of the last 5-6 years, with several major U.S. Supreme Court decisions defining and redefining many aspects of class litigation. With the first round of proposed amendments in over a decade, the civil rule governing federal class litigation is set to follow suit. On … Continue reading

Amendments to Federal Civil Rules Governing Discovery and Preservation of ESI Set to Take Effect December 1, 2015

The course of federal civil litigation will take a turn on December 1, 2015, with pending amendments to several rules governing discovery, case management, and the preservation of electronically stored information (“ESI”) set to take effect absent intervening Congressional action. The pending amendments are nearly five years in the making, flowing from the Conference on … Continue reading

The Bittersweet in Whirlpool’s Moldy Washing Machine Class Action Victory: The War Wages On as We Still Question Whether the Class Should Have Been Certified At All

After many years of battle, Whirlpool Corporation finds itself celebrating a favorable jury verdict in a class action lawsuit. A few weeks ago, a jury had the rare occasion to find for Whirlpool in Glazer v. Whirlpool Corp. (In re Whirlpool Corp. Front-Loading Washer Prods. Liability Litg.), No. 08-65000 (N.D. Ohio), one of several cases in … Continue reading

Amendments to Federal Class Action Rules May be on the Horizon: Settlement, Issues Classes, and Notice Requirements on the Front Burner

Class action settlements, certification of issues classes, and class notice requirements are among the topics that may be the subject of upcoming proposed amendments to Federal Rule of Civil Procedure 23. On the agenda for the October 30-31, 2014 Advisory Committee on Civil Rules meeting is a report from the Rule 23 Subcommittee, which was … Continue reading

Proposed Amendments to Federal Rules of Civil Procedure Governing Discovery and Preservation of Electronically Stored Information One Step Closer to Approval

Over the course of the past two years, litigants have faced significant changes to Federal Rules of Civil Procedure that are critical to navigating the federal litigation landscape, include rules governing subpoenas, discovery, case management, and preservation of electronically stored information (“ESI”). We previously discussed the long-awaited changes to Federal Rule of Civil Procedure 45 … Continue reading

February 15th Deadline to Comment on Proposed Amendments to Federal Rules of Civil Procedure

FEBRUARY 15TH DEADLINE TO COMMENT ON PROPOSED AMENDMENTS TO FEDERAL RULES OF CIVIL PROCEDURE:  In August 2013, the Advisory Committee on Civil Rules published proposed amendments to the Fed. R. Civ. P. which address the challenges of managing the scope of discovery in the digital age and the attendant consequences for a party’s failure to … Continue reading

Proposed Amendments to Local Rules for Middle District of North Carolina Open for Comment Until November 1, 2013

            On October 2, 2013, the Local Rules Committee of the Federal District Court for the Middle District of North Carolina announced that it has published for comment proposed amendments to the Local Civil Rules and Local Criminal Rules.  The proposed amendments to the Local Civil Rules include the addition of new rules and changes … Continue reading

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