Civil Procedure: Introduction

Introduces a survey of United States Court of Appeals for the Fifth Circuit’s decisions on civil procedure cases for the period from September 1, 1974, through August 31, 1975. The author gives a brief overview of the civil procedure cases that have come before the court. The majority of these cases involved constitutional attacks on state law in the federal district court and thus evoked the general issue of federalism particularly as it applies to federal court injunctions and declaratory judgments that interfere with state proceedings. Other significant Fifth Circuit activity produced an en banc decision retaining the status quo rule that separate elements for rates of inflation cannot be considered in damage calculations for lost future earnings, at least in cases governed by federal law. Finally a series of generally liberal decisions added to the burgeoning storehouse of knowledge about class actions.