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From the category archives:

Federal Courts

Do Twombly and Iqbal Matter?

February 19, 2010

     The  United States Supreme Court decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, decided in 2007 and 2009, respectively, seem to create a sea change in what is minimally acceptable pleading to survive a motion to dismiss. 

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Congress Considers Return to Notice Pleading

January 27, 2010

     Bills pending in Congress may return pleadings in federal courts to the "notice pleading"  standard.

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The U.S. Supreme Court Adds Procedural and Remedies Issues to Its Docket

January 20, 2010

          Two of five cases the United States Supreme Court agreed to hear last week deal with the procedure or remedies that govern in federal court.  Both decisions may be important to federal court litigants in a wide variety of cases.

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New Differences in Federal and State Court Time Computation May Be Trap for Unwary

December 16, 2009

On December 1, 2009, sweeping changes in computing time under the federal rules of civil procedure, appellate procedure, bankruptcy procedure, and criminal procedure took effect.  Because the Ohio procedural rules — and, in fact, the procedural rules of most state courts — have not changed, attorneys who practice in both federal and state courts must beware.

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NEW U.S. Supreme Court Database

November 6, 2009

Questions:

In the last 50 years or so, how many U.S. Supreme Court cases dealt with Fifth Amendment self-incrimination?
Of the four Court eras covered by the database (Warren, Burger, Rehnquist and Roberts), which court era had the most number of liberal decisions?
How many cases from Ohio made it to the U.S. Supreme Court?

 
Answering these types of [...]

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"Supreme Court Week" on C-SPAN

October 2, 2009

From C-SPAN’s  website:
“Beginning Sunday October 4 at 9:00 p.m. and continuing through that entire week–each night at 9:00 p.m. — C-SPAN will present groundbreaking and unique programs on the Supreme Court. Featuring an original documentary production "The Supreme Court: Home to America's Highest Court" as well as an unprecedented collection of original interviews with 9 [...]

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Free Legal Help with Civil Cases

June 26, 2009

What is community legal aid?
A non-profit law firm which:

*Specializes in poverty law and is devoted to providing free, high-quality civil legal services to eligible clients.
*Is dedicated to providing legal advice, information and representation as assistance for those seeking to achieve and maintain self-sufficiency.
*Provides information about laws and the legal system to those who work with [...]

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Are You Ready for the New Federal Litigation Time Computation Rules?

June 2, 2009

     Get ready for new methods of computing time periods in federal court litigation.  On March 26, 2009, the U.S. Supreme Court  approved proposed amendments to the Federal Rules of Appellate Procedure, Bankruptcy Procedure, Civil Procedure, and Criminal Procedure that will change many time periods set out in these rules and will also change the [...]

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The Sun, the Stars and Stays

April 24, 2009

Is a stay the same as an injunction?  Do we really care?  The U.S. Supreme Court answered these burning questions Wednesday when it decided Nken v. Holder and poetically explained:  “The sun may be a star, but ‘starry sky’ does not refer to a bright summer day.”

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Does Chief Wahoo Deserve an Antitrust Exemption?

February 19, 2009

Spring training got into full swing this week.  For most of my adult life, the return of baseball was like a ray of sunlight breaking through grey skies because I love to watch and score the game.  But since I moved to Cleveland four years ago, the return of baseball has left me tense–dealing with [...]

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