The Ten Most Important Developments in Federal Civil Practice in the 00s

1. Twiqbal

2. Federal Rule of Evidence 502

3. The War Against Punitive Damages

4. The Eruption of Spoliation

(Fewer than 180 state and federal decisions in 1999; more than 600 in 2009)

5. The Accretion of Federal Jurisdiction

(E.g., CAFA, Exxon Mobil v. Allapattah and Grable)

6. The Reliction of Federal Jurisdiction

(E.g., Credit Suisse v. Billing (IPO Antitrust), Hall Street, Preston, Carlisle)

7. December 1, 2000 Amendments to the Federal Rules of Civil Procedure

(7-hour depositions, barring most instructions not to answer, imposing initial disclosures nationwide)

8. December 1, 2000 Amendments to the Federal Rules of Evidence

(Codifying Daubert, closing the back door of Rule 703, allowing self-authentication of business records, clarifying the appellate impact of in limine motions)

9. December 1, 2006 Amendments to the Federal Rules of Civil Procedure

(Electronic discovery)

10. December 1, 2009 Amendments to the Federal Rules of Civil Procedure

(Limiting post-motion amendment of complaint; permitting post-answer amendment of complaint; changing time periods and time computation)

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