Author Description

This book explores the world of complex litigation--advanced civil procedure focusing upon particular issues arising out of cases involving a multiplicity of parties or separate but related lawsuits. The goal of this casebook is to provide well edited, focused cases that show how certain procedural tools (rules, statutes, doctrines and principles) can be utilized in litigation to position one's clients for advantageous leverage. The modern format is designed to be student-friendly. This format includes straight-forward, useful text before and after the cases, limited notes designed to help students understand the issues better in the cases, and numerous problems designed to stimulate classroom discussion and allow practice by the students in testing their understanding. The book also contains "Chapter Problems" that offer greater detail to facilitate multiple follow-up questions as each chapter proceeds. As with the first edition, a macro view of the substantive coverage includes (a) Joinder of Claims and Parties, (b) Forum Battles (case priority in instances of redundancy, transfer, forum non conveniens MDL litigation, anti-injunction act, and fraudulent joinder), (c) Class Action Certification and Management, and (d) Attorney's Fees in complex litigation. This Second Edition includes greater editing of existing cases, more problems for students, and coverage of new issues and cases, including for example: (1) how does the first-to-file rule for case priority apply when the two redundant lawsuits are filed on the same day? (2) whether a Rule 23(b)(3) class can be maintained when some of the class members have not suffered injury (an issue the circuits have split over three ways); (3) whether a defendant in a nationwide class action can be subject to the forum's personal jurisdiction on unnamed class members' claims arising elsewhere; and (4) whether a class representative has standing to complain about defendant's products other than the identical product