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Friday, January 13, 2017

Procedure returns to SCOTUS docket

SCOTUS granted cert in sixteen new cases today. Several involve procedure/fed courts issues, including:

• The scope of general personal jurisdiction over a U.S.-based company in a state.

• In what court a fired federal employee can challenge rejection of the Merit Systems Protection Board decision, when the Board concludes that it lacks jurisdiction over a "mixed case" involving both a firing and a violation of federal employment-discrimination law.

• Whether intervenors in federal court must establish Article III standing or whether it is enough that the original parties have standing. (This issue has been around for awhile and came up back during the marriage-equality litigation).

Looks like I will have some stuff to write about late in the Term.

Posted by Howard Wasserman on January 13, 2017 at 05:15 PM in Civil Procedure, Howard Wasserman, Law and Politics | Permalink


Don't forget two additional class action cases: (1) tolling and (2) class action waivers in employment agreements. Initial briefing in the latter, which likely to be a hot topic, is tight and set for February 27. But no word yet on the argument for the third, Microsoft v. Baker, even though it was fully briefed last fall.

Posted by: Adam Zimmerman | Jan 14, 2017 1:35:05 AM

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