Commercial Litigation and Arbitration

The 7 Most Important Developments in Federal Civil Procedure in 2018

     1.  Service is generally effected immediately upon filing papers on ECF (amended Fed. R. Civ. P. 5(b)(2)(E))

     2.  A class action "proposed to be settled" must be brought to the attention of the District Judge for approval or dismissal, precluding the prior alternative of dismissing in federal court and refiling in state court for approval (amended Fed. R. Civ. P. 23(e))

     3.  A class action objector can no longer be bought off.  The objection must be adjudicated (amended Fed. R. Civ. P. 23(e)(5))

     4.  Judgment entered in each of multiple consolidated cases is immediately appealable (Hall v. Hall, 138 S.Ct. 1118 (2018) (construing Fed. R. Civ. P.  42(a))

     5.  28 U.S.C. § 1367 (Supplemental Jurisdiction) stops the clock on the state statute of limitations while state law claims are pending in federal court and for at least 30 days after the federal claim is dismissed (Artis v. District of Columbia, 199 L. Ed. 2d 473 (2018))

     6.  In determining foreign law under Fed. R. Civ. P. 44.1, the Court is not conclusively bound by the foreign government’s statement in an amicus brief as to what the law is (Animal Sci. Prods. v. Hebei W. Pharm.,  138 S.Ct. 1865 (2018))

     7.  American Pipe tolls the statute of limitations for later individual actions by putative class members but not for later class actions (China Agritech, Inc. v. Resh, 138 S.Ct. 1800 (2018))

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