Civil Procedure

Online
Essay
John Doe Defendants: Portents of Mystery, but Perhaps Not Diversity Jurisdiction
Tyler Mikulis
Tyler Mikulis is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

He thanks Malcolm Yeary, Maggie Wells, Savannah Kostrzewa, and the University of Chicago Law Review Online team.

The Florida defendant files a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1)—asserting that the court lacks subject matter jurisdiction. Should the court grant it? More specifically, does having an anonymous John Doe as a defendant categorically preclude diversity jurisdiction?

Online
Essay
A Sea Change in Class Action Jurisprudence? Olean v. Bumble Bee Foods LLC and Its Implications for Certifying Classes with Uninjured Members
Katherine Weaver
Katherine Weaver is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

 She thanks Michael T. Brody for his expertise and insight, as well as Matthew Makowski, Renic Sloan, Virginia Robinson, and the University of Chicago Law Review Online team.

In April of 2022, the Ninth Circuit, sitting en banc, handed down the latest decision in its “packaged tuna antitrust saga,” with implications that have the potential to usher in a sea change to class action practice.

Online
Essay
Saldana v. Glenhaven Healthcare LLC—Should Wrongful Death Suits from COVID-19 Be Heard Exclusively in Federal Courts?
Bethany Ao
Bethany Ao is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

She thanks Matthew Makowski, Abigail Barney, Annie Kors, and the University of Chicago Law Review Online team. She also thanks the health reporters at the Philadelphia Inquirer for inspiring this piece.

After Ricardo Saldana suffered a stroke in 2014, his family moved him into Elms Convalescent Hospital, a skilled nursing facility in Glendale, California, so he could receive the care he needed.

Online
Essay
Exhausting Government Class Actions
Adam S. Zimmerman
Adam S. Zimmerman is a Professor of Law and Gerald Rosen Fellow at Loyola Law School, Los Angeles.

I have authored amicus briefs on behalf of law professors of civil procedure, administrative law, and federal courts in several cases supporting veteran class actions, including Skaar v. McDonough. I’m grateful to Maureen Carroll, Helen Hershkoff, Alexandra Lahav, and David Marcus for thoughtful discussion and comments. I’d also like to thank the incredible team at the University of Chicago Law Review Online, including Anson Fung, Annie Kors, and Matthew Makowski.

For decades, veterans were one of the few groups that could not bring class actions when the federal government systematically mishandled their disability benefits.

Online
Essay
Welcome to the Maze: Race, Justice, and Jurisdiction in McGirt v. Oklahoma
Elizabeth Reese
Elizabeth Reese (Yunpoví) is a Bigelow Fellow & Lecturer in Law at the University of Chicago Law School. Relevant to this piece, she spent a year at the National Congress of American Indians serving as the Department of Justice’s technical assistance provider to tribal governments as they implemented expanded criminal jurisdiction under VAWA 2013. She is tribally enrolled at the Pueblo of Nambé.

The morning of July 9th, American Indian tribal citizens and non-Indian residents of eastern Oklahoma woke up and experienced a similar shock.

Online
Essay
Making Wilkie Worse: Qualified-Immunity Appeals and the Bivens Question after Ziglar and Hernandez
Bryan Lammon
Bryan Lammon is a professor at the University of Toledo College of Law.

He thanks participants in a breakout session at the Fourth Annual Civil Procedure Workshop. And special thanks, as always, to Nicole Porter.

Qualified immunity is awful. It inhibits government accountability and precludes recovery for victims of government misconduct. But it’s not just the substantive defense that’s a problem.

Online
Essay
A Small World After All: Extending the Martindell Standard to Block Grand Jury Access to Sealed Foreign Discovery Materials Held at U.S. Law Firms
J. Sam Bonafede
A.B. 2018, Princeton University; J.D. Candidate 2021, The University of Chicago Law School.

For helpful feedback and discussion, the author thanks Deb Malamud, Matthew Reade, and The University of Chicago Law Review. The author would also like to thank Colby Chanenchuk for her indispensable support.

Picture this: the Department of Justice (DOJ) plans to open a criminal grand jury investigation into the business conduct of a foreign corporation.

Online
Essay
The Political Economy of Judicial Federalism
Michael E. Solimine
Michael E. Solimine is the Donald P. Klekamp Professor of Law, University of Cincinnati College of Law.

An earlier version of this Essay was presented to and benefitted from the comments at a faculty workshop at the University of Cincinnati College of Law.

Professor Diego Zambrano’s recent article in the University of Chicago Law Review, Federal Expansion and the Decay of State Courts, is an institutional and comparative examination of federal and state courts as it pertains to judicial federalism.

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Essay
75.2
Class Actions in the Administrative State: Kalven and Rosenfield Revisited
Richard A. Nagareda
Professor and Director, Cecil D. Branstetter Litigation & Dispute Resolution Program, Vanderbilt University Law School

Brian Fitzpatrick, Samuel Issacharoff, Daniel Rodriguez, Kevin Stack, and participants in faculty workshops at the University of Arizona and Vanderbilt provided helpful comments on earlier drafts. Kelly Walsh provided valuable research assistance.