Civil Procedure



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Texas Tech Law Review


During the period of this survey, July 2011 to June 2012, the Fifth Circuit issued opinions on a number of significant civil-procedure-related issues. These topics included discussions about the unraveling of an order from a removed judge, the application of foreign law, and clarifications to removal jurisdiction, intervention, sanctions, and class action certification.



Significant Firth Circuit opinions on civil procedure, Observations on the interplay between local rules, standing orders, and the Federal Rules of Civil Procedure, Effect of federal court jurisdiction, Venue clarification Act of 2011 on removal, venue, and jurisdiction, Forum non convivence, Arbitration, Intervention as a matter of right by publicly minded citizens, City of Houston v. American Traffic Solutions, Inc., Sanctions for inadvertent violation of a court's protective order, Smith & Fuller, P.A. v. Cooper Tire & Rubber Co., Relief from a judgment, Turner v. Pleasant, Dismissal with prejudice as an appropriate sanction for a plaintiff's perjured deposition testimony, Brown v. Oil States Skagit Smatco, Common questions predominate using proxy indicators for class eligibility under Rule 23, Ahmad v. Old Republic National Title Insurance Co., Accrual of a claim for temporary benefits in a workers' compensation action, Patrick v. Wal-Mart, Inc.-Store # 155, Section 1927 sanctions for unreasonably and vexatiously multiplying proceeding, Gonzalez v. Fresenius Medical Care North America, Commonality requirements in class actions, M.D. ex rel. Stukenberg v. Perry, Application of Iraqi law, McGee v. Arkel International, LLC


Luke J. Gilman and Richard A. Howell, Civil Procedure, 45 Tex. Tech L. Rev. 671 (2012-2013)