The Five Most Important Developments in Federal Civil Practice in 2009 - Joseph Hage Aaronson

Commercial Litigation and Arbitration

Commercial Litigation and Arbitration

The Five Most Important Developments in Federal Civil Practice in 2009

1. Iqbal and Congressional efforts to reverse it.

2. December 1, 2009 Civil Rules amendments — permitting post-answer amendment of complaint; limiting the time to amend after service of a motion to dismiss; and changing time periods and time computation rules

3. Mohawk Indus. v. Carpenter, 2009 U.S. LEXIS 8942 (Dec. 8, 2009) — no interlocutory review of privilege decisions under the collateral order doctrine

4. Carlsbad Technology, Inc. v. HIF BIO, Inc., 129 S.Ct. 1862 (2009) — making it clear that the Supreme Court is ready to enforce 28 U.S.C. § 1447(d) as written, reverse Thermtron Products, Inc. v. Hermansdorfer, 423 U.S. 336 (1976), and bar appellate review of all remand orders

5. Arthur Andersen LLP v. Carlisle, 129 S. Ct. 1896 (2009) — if state law permits non-signatory to compel arbitration, Federal Arbitration Act does not bar it and permits appeal of denial of stay of litigation

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