46-08 Cole v. US29 DownloadsYear: 2022 (Vol. 46) Topic(s): Civil Procedure Question presented: Whether a rational relation test is the correct standard of review for dismissing a qui tam action under 31 U.S.C.§ 3730(c)(2)(A). Format: Word and PDF Prepared by: Ayo Osobamiro

46-10 Wilson v. Luffta29 DownloadsYear: 2022 (Vol. 46) Topic(s): Civil Procedure, Complex Litigation, Class Actions, Rule 23 Questions presented:  (1) Whether an administratively feasible mechanism for identifying class members must be shown to satisfy the implied ascertainability requirement of Federal Rule of Civil Procedure 23(b)(3). (2) Whether the use of self-identifying affidavits to identify class Read more about 46-10 Wilson v. Luffta[…]

U.S. ex rel. Jennings v. Medical Services Corp46 DownloadsYear: 2019 (Vol. 43) Topics: Civil Procedure Question(s) presented: Whether a relator must provide details of specific examples of an actual false claim to satisfy the pleading requirements of Federal Rule of Civil Procedure 9(b). Format: Word and PDF Prepared by: Zoe Lo      

Central City, Amitrius v. City Health Services61 DownloadsYear: 2018 (Vol. 42) Topics: Civil Procedure Question(s) presented: Whether an organization may establish the injury-in-fact requirement sufficient for Article III organizational standing by alleging either frustration of purpose or significant devotion of resources, or whether both are necessary; and whether expenditures in preparation for litigation are included in Read more about Central City, Amitrius v. City Health Services[…]

Leslie Mendel v. T&B, Inc.113 DownloadsYear: 2018 (Vol. 42) Topics: Civil Procedure Question(s) presented: (1) Whether an allegation of an increase in the risk of future identity theft can meet the injury-in-fact requirement for Article III standing. (2) Whether a federal court sitting in diversity should apply the relevant forum state’s law or federal common law when it Read more about Leslie Mendel v. T&B, Inc.[…]

Dorothy Ritos v. Jer & Benny’s Chips Co.35 DownloadsYear: 2018 (Vol. 42) Topics: Civil Procedure Question(s) presented: Whether Federal Rule of Civil Procedure 23 contains an implied, free-standing, threshold requirement that plaintiffs must establish “ascertainability” by a showing that there is a reliable and administratively feasible mechanism for identification of class members. Format: Word and PDF Read more about Dorothy Ritos v. Jer & Benny’s Chips Co.[…]

Ellie Hooper v. Hawkins University Psychokinetic Energy Lab138 DownloadsYear: 2018 (Vol. 42) Topics: Civil Procedure Question(s) presented: (1) Whether the Torture Victim Protection Act precludes claims of torture from being brought under the Alien Tort Statute. (2) Whether the Alien Tort Statute may ever provide justification for an injury that occurred outside U.S. territory. Format: Word and Read more about Ellie Hooper v. Hawkins University Psychokinetic Energy Lab[…]

Rivera Virella v. NYC Department of Education47 DownloadsYear: 2016 (Vol. 40) Topics: Education Law Question(s) presented: Whether the stay–put provision of the Individuals with Disabilities Education Act provides for the right to interim funding to extend through the duration of a federal appeal. Format: Word and PDF Prepared by: Peter L. Baltera