Carolina Academic Press
Welcome to CAP Law
2010 • $11.00 • 94 pp • paper • ISBN: 978-1-59460-909-1 •
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The 2010-11 Supplement to the 2008 Second Edition of Civil Procedure: Cases, Text, Notes, and Problems by Professors Teply, Whitten, and McLaughlin is now available.
The Supplement includes as principal cases the recent U.S. Supreme Court decisions in Shady Grove Orthopedic Associates v. Allstate Insurance Co., dealing with the Erie application of Federal Rule 23 in a diversity class action; Hertz Corp. v. Friend, adopting the “nerve center” test for determining the principal place of business of a corporation under 28 U.S.C. §1332(c)(1); Krupski v. Costa Crociere S.p.A., addressing the standards for relation back of an amendment changing a party under Rule 15(c)(1)(C); and Ashcroft v. Iqbal, applying the Twombly standard for pleading a claim for relief under the Federal Rules.
In addition, the U.S. Supreme Court decisions in Republic of the Philippines v. Pimentel, dealing with the standards for dismissal under Rule 19 for failure to join a required party; and Taylor v. Sturgell, dealing with the preclusive effect of judgments against nonparties, are included as note cases.
The Supplement also includes a full analysis of the proposed 2010 amendments to Federal Rules of Civil Procedure 26 (“Disclosures and Discovery”) and 56 (“Summary Judgment”), scheduled to become effective on December 1, 2010. In addition, the 2009 amendments to the Federal Rules of Civil Procedure are fully incorporated into the text material.
Finally, the various subject-matter jurisdiction, removal and venue provisions of the H.R. 4113, introduced in the House as the “Federal Courts Jurisdiction and Venue Clarification Act of 2009,” are included for discussion purposes.
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