Civil Procedure



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Texas Tech Law Review


Surveys the period of, July 2012 to June 2013, where the Fifth Circuit issued opinions on a number of significant issues related to civil procedure. These topics included the United States Supreme Court's review of a Fifth Circuit case resolving a circuit split on the standard for reviewing motions for transfer under a contractual choice of venue clause; Article III standing; the scope of an injunction and requests for clarification of an injunction; the futility of amendment for purposes of final judgment; application of class certification standards; minimum contacts for personal jurisdiction; review of naturalization application under Rule 81; and timeliness of removal and improper joinder, among others.



Significant Firth Circuit opinions on civil procedure, Transfer pursuant to contractual Forum Selection Clause, In re Atlantic Marine Construction Co., Futility of amendment for Purposes of Rule 15(a)(2), Certification of a final judgment under Rule 54(b), Crostley v. Lamar County, Texas, Scope of an injunction under Rule 65(d), Daniels Health Sciences, L.L.C. v. Vascular Health Sciences, L.L.C., Minimum contacts for purposes of personal jurisdiction, Pervasive Software, Inc. v. Lexware GmbH & Co. Kg, Improper certification of classes under Rule 23, Ackal v. Centennial Beauregard Cellular, L.L.C., Standard for class certification, Erica P. John Fund, Inc. v. Halliburton Co., Denial of a naturalization application under Rule 81, Kariuki v. Tarango, Class certification in bankruptcy, In re TWL Corp., Article III standing and class certification, Funeral Consumers Alliance, Inc. v. Service Corp. Int'l, Standard for intra-district transfer of venue, In re Radmax, Ltd., Thrasher v. City of Amarillo, Mumfrey v. CVS Pharmacy, Inc., Standards for timeliness of removal and improper joinder, Priester v. JP Morgan Chase Bank, N.A., Keystone, Inc. v. Prime Natural Resources, Inc.


Luke J. Gilman and William J. Stowe, Civil Procedure, 46 Tex. Tech L. Rev. 699 (2013-2014)