Civil Procedure – N.Y.U. Proceedings

by Rachel Greene^*

Issue classes are a form of aggregate litigation wherein courts certify only specific claims or elements within those claims for class treatment. While issue classes have not always been a popular tool, plaintiffs’ attorneys today should take seriously the protections this device can afford their clients and consider pursuing issue classes over alternative aggregate litigation tools, such as multi-district litigation. This Contribution argues that issue classes should be a more widely used aggregate litigation device and outlines the mechanics of its use.

A SLAPP in the Face: How State Anti-SLAPP Statutes Can Still Apply in Federal Courts Exercising Diversity Jurisdiction

By Editor-in-Chief NYU Moot Court Board

On April 18, 2023

In Contributions

by Conner Kozisek*

A Strategic Lawsuit Against Public Participation (“SLAPP”) is a meritless lawsuit designed to chill constitutionally protected speech, thereby posing a dangerous threat to First Amendment rights. To challenge the chilling effects of SLAPP suits, more than 30 states and the District of Columbia have adopted anti-SLAPP legislation, many of which create a special motion to strike a claim based on a defendant’s speech in furtherance of their First Amendment rights. Because there is no federal anti-SLAPP legislation, the federal judiciary is divided on whether anti-SLAPP laws should apply in federal courts exercising diversity jurisdiction, especially in the wake of the Court’s fractured opinion in Shady Grove Orthopedic Associates v. Allstate Insurance Co. This Contribution argues that federal courts sitting in diversity should apply the approach set forth in Justice Stevens’s Shady Grove concurrence to recognize the potential substantive rights created by or protected through anti-SLAPP legislation.

Applicability of the PSLRA Automatic Discovery Stay in State Courts

By Editor-in-Chief NYU Moot Court Board

On October 18, 2022

In Contributions

by Catherine Willis^*

The Private Securities Litigation Reform Act (“PSLRA”), 15 U.S.C. § 77z-1(b)(1), provides that discovery should be automatically stayed in Securities Act actions at the motion to dismiss stage. Though Securities Act claims may be brought in either state or federal courts, courts are divided over whether the PSLRA discovery stay applies in both state and federal court or solely applies in federal court. This Contribution argues that the PSLRA discovery-stay provision should apply in any action under the Securities Act, regardless of venue.

The Buck Stops Here: The Limits of Bankruptcy Court Jurisdiction Post-Confirmation

By MCB Staff Editor

On September 30, 2016

In Contributions

by Michael Murray*

May bankruptcy courts assume “related to” jurisdiction under 28 U.S.C. § 1334(b) over a post-confirmation successor liability suit when the estate’s assets have already been disbursed? Michael Murray (’17) examines this question, based on his experience at the 2016 Duberstein Moot Court Competition, sponsored by St. John’s University School of Law. His Contribution analyzes the legal landscape of “related to jurisdiction” in bankruptcy courts. Ultimately, the Contribution proposes that the Seventh Circuit has adopted the clearest interpretation of the statute and reasonably limits “related to” jurisdiction to disputes in which either the debtor is a party or the dispute affects the amount or distribution of the debtor’s estate.

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Exploring New Approaches to Unsettled Legal Questions

Tag: Civil Procedure

Understanding Issue Classes: A Case for Why They Should Be Used and How Best to Do It

A SLAPP in the Face: How State Anti-SLAPP Statutes Can Still Apply in Federal Courts Exercising Diversity Jurisdiction

Applicability of the PSLRA Automatic Discovery Stay in State Courts

The Buck Stops Here: The Limits of Bankruptcy Court Jurisdiction Post-Confirmation