Litigation Commons^™

Leeds V. Norfolk Southern Railway Company—In Undoing Late Removal, District Court Gives Guidance On Evaluating Whether Defendants Were Joined In “Bad Faith”, Geoffrey D. Kearney

SLU Law Journal Online

Pursuant to 28 U.S.C. § 1446, defendants typically have one year to remove to federal court a case filed in state court. The landscape for removal changed somewhat with a 2011 amendment to this statute, which extends that one-year deadline upon a showing “that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action.”

But the question of what sort of conduct satisfies this provision persists. Since its passage, courts—primarily district courts—have grappled with just what it means for a plaintiff to act in bad faith to thwart removal. Leeds v. Norfolk Southern …

Zivotofsky V. Kerry Commentary From The Counsel Behind The Case, Jewish Law Students Association (Jlsa), Jewish Graduate Student Initiative (Jgsi)

2025–2026 Flyers

Join Alyza Lewin, President of Us Affairs for Combat Antisemitism Movement, and Akiva Shapiro, partner at Gibson, Dunn & Crutcher LLP, as they share their experience litigating the landmark Supreme Court case Zivotofsky v. Kerry before the Supreme Court. In Zivotofsky, the court ruled that only thе president has the exclusive power to formally recognize a foreign sovereign and its territorial boundaries. This case paved the way for president Donald J. Trump to declare Jerusalem as Israel’s capital.

The Jacob Burns Center For Ethics In The Practice Of Law And The Public Service Scholars Invite You To: Breakfast With Douglas Letter, Jacob Burns Center For Ethics In The Practice Of Law, Public Service Scholars, Douglas Letter

2026 Event Invitations

A conversation on constitutional litigation and public service in and outside of the federal government with Douglas Letter, Chief Legal Office at Brady United, and Professor Jessica Roth. Mr. Letter is former General Counsel for the U.S. House of Representatives under Speaker Nancy Pelosi. For 40 years, he worked as a public servant at the U.S Department of Justice. Mr. Letter also served in the White House Counsel's Office under President Bill Clinton.

The Next Frontier Of Environmental Advocacy, Center For Rights And Justice, Benjamin N. Cardozo School Of Law

2025 Event Invitations

The Center for Rights and Justice invites you to hear from three experts on environmental litigation and policy in a panel discussion moderated by Professor Alex Reinert. The discussion will be far-ranging, touching on domestic and international litigation, environmental policy, and climate justice.

• Wilson Dunlavey, a partner at the leading class action firm in the country, represents government entities, consumers, small businesses, workers, fishers, and residents in complex litigation against fossil fuel companies, automobile manufacturers, and other polluters.
  
  
• Raya Salter is the Founder and Executive Director of the Energy Justice Law & Policy Center and is an attorney, consultant, educator …

Litigation And The 2024 Election: Critical Questions, Jacob Burns Center For Ethics In The Practice Of Law, Benjamin N. Cardozo School Of Law, Center For Rights And Justice, Benjamin N. Cardozo School Of Law

2024–2025 Flyers

No abstract provided.

The State Of 2nd Amendment Litigation: A Conversation With Everytown Law On U.S. V. Rahimi, Cardozo Public Interest Law Student Association, Cardozo American Constitution Society (Acs)

2023–2024 Flyers

No abstract provided.

Charting Your Legal Course: Preparing For Oci And Interviews, Black Law Student Association (Blsa), Latin American Law Student Association (Lalsa), Minority Law Student Alliance (Mlsa), Tamar Donikyan, Lisa Angeles, Ruth Ramjit, Sarika Andavolu

2023–2024 Flyers

BLSA, LALSA, and MLSA are hosting a special event for Cardozo 1Ls featuring personal stories from successful big law lawyers.

Innocence Project Clinic Information Session, Innocence Project, Benjamin N. Cardozo School Of Law

2022–2023 Flyers

No abstract provided.

Facets Of Family Law Panel, Cardozo Family Law Society

2022–2023 Flyers

No abstract provided.

Volume 09 (Part 1), District Court Of The United States For The Northern District Of Ohio, Eastern Division

City of Cleveland v. The Cleveland Illuminating Company, 1980

City of Cleveland, plaintiff vs. The Cleveland Electric Illuminating Company, defendant : civil action no. C75-560; proceedings had before the Honorable Robert B. Krupansky of said court, commencing on Tuesday, September 2, 1980 in the District Court of the United States for the Northern District of Ohio, Eastern Division

10/14/80-10/16/80

Excessive Fee Litigation In Light Of Hughes V. Northwestern University, Kathryn L. Moore

Law Faculty Books and Chapters

On September 11, 2006, Jerry Schlichter, a personal injury lawyer from St. Louis, Missouri, rocked the 401(k) plan market by filing a flurry of lawsuits against major corporations alleging that their 401(k) plans were paying excessive fees for plan administration and asset management that harmed employees in violation of their fiduciary duties under ERISA. Between 2006 and 2007, 31 excessive fee suits were filed by Schlichter and other firms. Following several large settlements, including a $62 million settlement by Lockheed Martin, a second wave of excessive fee litigation began in 2015 with more than 50 suits filed in both 2016 …

Defend Fired Workers Learn Litigation Skills, Unemployment Action Center

2021–2022 Flyers

No abstract provided.

The Case For An International Court Of Civil Justice, Maya Steinitz

Books

When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. …

Agency In State Agencies, Anya Bernstein

Contributions to Books

Published as Chapter 5 in Distributed Agency, N. J. Enfield & Paul Kockelman, eds.

The democratic state is an administrative state: the actual work of representative governance is done primarily in administrative agencies, which interpret and implement the often vague ambitions inscribed in statutes. When we talk about agency in the state, then, we must primarily be talking about agency in agencies. That may seem odd. Bureaucracy seems like the absence of agency: just mechanistic gear-grinding continuing things begun by other, distant, powerful actors. Where can agency find a foothold amid the faceless people, the featureless buildings, the infinite red …

A Student Electronic Discovery Primer: An Essential Companion For Civil Procedure Courses, Jennifer M. Smith, William F. Hamilton

Faculty Books and Book Contributions

A Student Electronic-Discovery Primer supplements the traditional civil procedure textbook. The Primer is specifically designed as a practical and accessible guide for the first-year law student. Traditional civil procedure textbooks have given short shrift to what has emerged as a foundation of modern civil litigation—electronic discovery. This concise text introduces students to the new and often troubling themes of electronic discovery: preservation, search, metadata, and forms of production, touching upon the major issues that confront the use of digital data in litigation. It also includes sample electronic discovery practice forms and outlines the key 2015 amendments to the Federal Rules …

Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform, Daniel H. Foote

Chapters in Books

Each of the case studies presented in this volume is an important and fascinating story in its own right. Taken together, the case studies enrich our understanding of cause lawyering and the relationship between law and social change in Japan. Despite their rather disparate subjects, the studies dovetail exceptionally well. They show numerous commonalities in the use of law to further social causes, as well as some important differences. They reveal a truly impressive level of creativity in the use of law, and they disclose several common barriers to successful litigation to promote social causes in Japan. As discussed below, …

Challenges Facing Investment Disputes: Reconsidering Dispute Resolution In International Investment Agreements, Susan Franck, Karl P. Sauvant, Michael Chiswick-Patterson, Rainer Geiger, José E. Alvarez, M. Sornarajah, Patrick Juillard, Jeswald W. Salacuse, Giorgio Sacerdoti, Anna Joubin-Bret, Hugo Perezcano Díaz, Michael K. Tracton, Christoph Schreuer, Howard Mann, Katia Yannaca-Small, Barton Legum, Jan Paulsson, Asif H. Qureshi, Shandana Gulzar Khan, Christopher Brummer, Brian J. Rapier

Contributions to Books

This volume brings together significant contributions from leading voices in academia, the legal profession and government on the increasingly important topic of international investment and the legal system in which it operates. With the burgeoning size of international capital flows matched only by an explosion in international agreements intending to regulate the field, there is increasing potential for incoherence amongst and between treaties and arbitral decisions.

Appeals Mechanism in International Investment Disputes compiles, compares and contrasts the analysis and arguments of the leading scholars, practitioners and government officials on the future of the international investment law regime. Its special emphasis …

Washington Practice Materials, Nancy Mcmurrer

Librarians' Chapters in Books

• Introduction
• Encyclopedic Sources
• Subject-Specific Resources
• Litigation Aids
• Ethics Opinions
• Directories
• Current Awareness: Bar Publications and Legal Newspapers
• Subject List of Practice Resources

Probate From The Ground Up, Oregon Law Institute, Shirley A. Bass, Stephen E. Kantor, Ron D. Bailey, Dean T. Sandow, Mark M. Williams, James R. Cartwright, Carolyn W. Miller, Richard A. Pagnano

Oregon Law Institute, 1998

Course Materials from the May 15, 1998 Program in Portland

Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins

Oregon Law Institute, 1998

Course Materials from the April 10, 1998 Program in Portland

Drainage Law And Liabilities, Oregon Law Institute, Timothy J. Sercombe, Richard M. Botteri, Christina M. Steensgaard, James R. Herald, Marnie Allen, Harvey W. Rogers

Oregon Law Institute, 1998

Course Materials from the March 13, 1998 Program in Portland

1996 Oregon Evidence: Trial Techniques, Developments, And Ethics, Oregon Law Institute, Linda K. Eyerman, Gayle L. Troutwine, Michael R. Shinn, Ancer L. Haggerty, Chris Kitchel, Jan K. Kitchel, Jeffrey S. Jones, Leslie S. Johnson, Barrie J. Herbold, John R. Faust Jr.

Oregon Law Institute, 1996

Course Materials from the November 22, 1996 Program in Portland

Maximizing Mediation And Arbitration Opportunities, Oregon Law Institute, William M. Mcallister, Sam J. Imperati, Richard G. Spier, Noreen K. Saltviet, Eric B. Lindauer, Ingrid E. Slezak, Lyle C. Velure, Judy S. Henry, Raymond R. Bagley Jr, Don A. Dickey, Kristena A. Lamar, Eve L. Miller

Oregon Law Institute, 1996

Course Materials from the May 23, 1996 Program in Portland

Medical Desk Book For Lawyers, Oregon Law Institute, D. Lawrence Wobbrock, David K. Miller, Richard E. Talbott, Peter C. Richter, Steven P. Jones, David C. Landis, Gayle L. Troutwine, Robert P. Jones, Robert J. Neuberger, Robert W. Pardington, David K. Miller, Larry N. Sokol, William A. Barton

Oregon Law Institute, 1996

No abstract provided.

Defending Duii Charges, Oregon Law Institute, Clarence E. Lankins, William Uhle, Robert G. Thuemmel, John Henry Hingson Iii, Erin K. Olson, Michael H. Marcus, John Powers, Nancy L. Macklin, Douglas A. Brown, Edward Jones, Frederick Lenzser

Oregon Law Institute, 1995

Course Materials from the October 6, 1995 Program in Portland

Effective Settlement Advocacy, Oregon Law Institute, Susan J. Smith, Beth A. Pardo, Joshua Kadish, Linda Sherman, Jeff Abrams, Samuel J. Imperati

Oregon Law Institute, 1995

Course Materials from the June 15, 1995 Program in Portland

Techniques And Tactics In Personal Injury Trials, Oregon Law Institute, Jodie Anne Bushman, Jeffrey S. Mutnick, Frank A. Moscato, Stephen F, English, Bruce R. Powell, Robert D. Dames Jr., Diana I. Stuart, Gerald C. Doblie, Craig C. Murphy, Judy D. Snyder

Oregon Law Institute, 1995

Course Materials from the April 14, 1995 Program in Portland

Litigation & Inequality: Federal Diversity Jurisdiction In Industrial America, 1870–1958, Edward A. Purcell Jr.

Books

Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.

Volume 30 (Part 5), District Court Of The United States For The Northern District Of Ohio, Eastern Division

City of Cleveland v. The Cleveland Illuminating Company, 1980

10/6/81-10/8/81

Volume 30 (Part 3), District Court Of The United States For The Northern District Of Ohio, Eastern Division

City of Cleveland v. The Cleveland Illuminating Company, 1980

10/6/81-10/8/81