Arbitration has become a staple of modern dispute resolution—the alternative par excellence to court adjudication for almost “every type of justiciable claim.” Its rise can largely be attributed to the use of arbitration clauses, contractual provisions that require legal claims be resolved in informal, non-judicial forums. What’s more, arbitration clauses received federal imprimatur over a […]
Absent class members play a protean role in the lifecycle of a lawsuit. Parties for some purposes, but not others,  their status continues to vex courts in a variety of situations. That incoherence largely stems from Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985). There, state and federal courts were permitted to exercise […]
Here we go, again. Today, Senator Dick Durbin expressed his befuddlement, perhaps with underlying disdain, as to why an overwhelming majority of this administration’s judicial nominations have either currently or previously been members of the Federalist Society. Our Editor-in-Chief, Joel Nolette, previously covered Senator Durbin’s fear of the Federalist Society. Senator Durbin expressed his concern in […]
Yesterday marked the end of the Court’s October Term 2016, meaning the last few cases yet to be decided were announced and various pending matters were otherwise disposed of (deets on that can be found here and other forthcoming summaries). It was a pretty typical end-of-term day, what with big cases granted cert for argument next term, an interesting constitutional decision announced, and the commentariat atwitter just trying to keep up.
The Court just unanimously decided Town of Chester, NY v. Laroe Estates, Inc., holding that an intervenor as of right under Rule 24 of the Federal Rules of Civil Procedure must nevertheless establish Article III standing if that intervenor seeks relief distinct from the relief that the existing plaintiff is seeking. The Court did not […]
Patent exhaustion reached the SCOTUS docket last year, in the form of Impression Products v. Lexmark International. Handing down its 8-0 opinion this Tuesday (7-1 when counting RBG’s partial dissent from the resolution of the cross-border question) the Court delivered—in Ronald Mann’s words—a judgment “full of quotable maxims certain to populate the U.S. Reports for […]