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?
Civil Procedure
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.
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.
For decades, veterans were one of the few groups that could not bring class actions when the federal government systematically mishandled their disability benefits.
The morning of July 9th, American Indian tribal citizens and non-Indian residents of eastern Oklahoma woke up and experienced a similar shock.
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.
Picture this: the Department of Justice (DOJ) plans to open a criminal grand jury investigation into the business conduct of a foreign corporation.
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.