Federal Diversity Jurisdiction and the "Gaping Hole Problem"

Federal Diversity Jurisdiction and the "Gaping Hole Problem"

This week we take a look at one of the two primary jurisdictional means by which a case may be brought in federal court – id est federal diversity jurisdiction. In addition, we examine what has been referred to as the "Gaping Hole Problem" in diversity jurisdiction that arises from the potential exercise of supplemental jurisdiction. We also examine the approach the D.C. Circuit has taken in handling a case in which the presence of nondiverse parties threatened to defeat federal diversity jurisdiction.

Read More

Biting 7th Circuit Decision Reverses Denial of Social Security Disability Benefits

Biting 7th Circuit Decision Reverses Denial of Social Security Disability Benefits

This week's post focuses upon the value of Judge Richard Posner's often extremely critical and glib approach to drafting opinions through the case Hughes v. Astrue. The Hughes case saw an Administrative Law Judge for the Social Security Administration deny Disability Benefits to a woman based on ludicrous reasoning. Judge Posner harshly critiques the ALJ's failures in a decision for the 7th Circuit reversing and remanding the decision for further proceedings

Read More

Questionable Actions of Class Counsel Did Not Merit Decertification in Class Action

Questionable Actions of Class Counsel Did Not Merit Decertification in Class Action

This week we discuss the recent 7th Circuit junk fax class action case which determined that the misconduct of class counsel only merits decertification or denial of certification where the misconduct creates a "serious doubt" that counsel will represent the class loyally.

Read More