Leading Cases in Civil Procedure

The fourth edition of the casebook includes changes from the third edition, published in 2017, and covers recent personal jurisdiction decisions, including Bristol Myers Squibb v. Superior Court of California and Ford Motor Co. v. Montana Eighth Judicial District. It also includes a substantial excerpt from King v. Whitmer concerning sanctions imposed on attorneys who represented ex-President Donald J. Trump in his re-election challenges to the Michigan 2020 voting returns. The book has reorganized the introductory chapters to present a more coherent doctrinal appreciation of personal jurisdiction and updated the Federal Rules and statutory provisions to reflect rule amendments since the last edition. The casebook's basic concept is to provide students with fewer cases but longer decision excerpts to provide extensive procedural background and doctrinal analysis. It retains concurring and dissenting opinions to provide insight into the debates among the Justices concerning outcomes in the cases.

Format: Paperback / softback
Length: 989 pages
Publication date: 30 November 2022
Publisher: West Academic Publishing

This fourth edition of the casebook incorporates numerous changes from the third edition, published in 2017. While civil procedure may not be characterized as a rapidly evolving field, the Supreme Court continues to weigh in on its favored procedural topic: personal jurisdiction. This edition includes the Court's recent personal jurisdiction decisions in Bristol Myers Squibb v. Superior Court of California (2017), and Ford Motor Co. v. Montana Eighth Judicial District (2021). This edition also adds a substantial excerpt from District Court Judge Linda V. Parker's opinion and order in King v. Whitmer (E.D. Mich. 2021), concerning sanctions imposed on the attorneys who represented ex-President Donald J. Trump in his re-election challenges to the Michigan 2020 voting returns. Finally, this edition adds the Supreme Court's 2022 decision in Cameron v. EMW Women's Surgical Center, dealing with a state attorney general's right of appellate intervention after an election caused a change in attorney general's position previously asserted to the court. Justice Sotomayor's dissenting opinion raises concerns about the dangerous political implications of the majority's opinion.

To maintain the casebook's general format and concept while maintaining a compact book, the fourth edition has eliminated some decisions. There is one notable reorganization of the personal jurisdiction materials. The book has reorganized the introductory chapters to present a more coherent doctrinal appreciation of personal jurisdiction. The first chapter presents the canonical cases setting forth personal jurisdiction concepts in chronological order. This edition reorganizes the second and third chapters conceptually, grouping cases where the Court has revisited its jurisprudence (for example, in the context of forum non conveniens).

The fourth edition also includes a new chapter on the impact of COVID-19 on personal jurisdiction. The pandemic has led to a significant increase in remote work and online commerce, which has raised questions about whether courts can exercise personal jurisdiction over individuals or businesses based solely on their online activities. The chapter discusses the Court's recent decisions in this area, including In re: Zoom Video Communications, Inc. Securities Litigation (2020) and Walden v. Fiore (2021).

In addition, the fourth edition has updated and expanded the discussion of federal jurisdiction. The book now includes a comprehensive analysis of the federal diversity jurisdiction statute, which allows courts to hear cases where the amount in controversy exceeds $75,000 and the parties are diverse (i.e., from different states). The chapter also discusses the federal question jurisdiction statute, which allows courts to hear cases that raise a federal question (i.e., a question of law that arises under the United States Constitution or federal law).

The fourth edition also includes a new chapter on the impact of the Supreme Court's 2019 decision in Bristol-Myers Squibb v. Superior Court of California. In that case, the Court held that California's long-arm statute did not extend to personal jurisdiction over out-of-state defendants in cases where the plaintiff's injury occurred solely in California. The chapter discusses the implications of this decision for personal jurisdiction in other states and the potential for further litigation in this area.

Finally, the fourth edition has updated and expanded the discussion of international jurisdiction. The book now includes a comprehensive analysis of the Foreign Sovereign Immunities Act (FSIA), which provides immunity from suit to foreign states and their instrumentalities. The chapter also discusses the International Shoe Company v. Washington (1945) decision, which established the standard for personal jurisdiction over foreign defendants.

In conclusion, this fourth edition of the casebook is an essential resource for students and practitioners of civil procedure. It provides a comprehensive and up-to-date analysis of personal jurisdiction concepts and developments, including recent Supreme Court decisions and important state court decisions. The book's clear and concise format makes it easy to navigate, and its extensive citations and footnotes provide further guidance for those seeking to explore the topic in greater depth.

Dimension: 254 x 186 (mm)
ISBN-13: 9781685613471
Edition number: 4 Revised edition