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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