Federal Rules of Civil Procedure, Litigation Strategies, SCOTUS

U.S. Supreme Court Encourages Federal Rule 7(a)(7) Replies—A Potential Boon for Defendants

Jones Day on 6/9/2025

The U.S. Supreme Court recently reminded district courts that they may use Federal Rule of Civil Procedure 7(a)(7)—a little-known rule—to screen out meritless complaints before discovery....more

Will the Supreme Court Weigh In on Ascertainability?

Robinson Bradshaw on 6/3/2025

We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more

SCOTUS Considers Article III Questions with Significant Implications on Class Action Certification

Katten Muchin Rosenman LLP on 5/1/2025

The Supreme Court of the United States (SCOTUS) heard oral argument this week in Labcorp v. Davis (No. 24-304) to determine “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more

Two New Procedural Wrinkles That May Disincentivize Challenges to Federal Policies

ArentFox Schiff on 3/14/2025

The first weeks of the Trump Administration have been defined by executive orders and new policies that were immediately challenged on constitutional or statutory grounds....more

Everyone Please Stand: Supreme Court to Consider Standing Requirements for Class Actions, With the Potential to Resolve...

Morrison & Foerster LLP - Class Dismissed on 2/20/2025

On January 24, 2024, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis (“LabCorp”),[1] to consider “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more

Practicing Before the U.S. Supreme Court | Kannon Shanmugam | Texas Appellate Law Podcast

Butler Snow LLP on 10/13/2022

For many attorneys, the prospect of a U.S. Supreme Court argument serves as the capstone of a legal career. But for a select few, like Kannon Shanmugam, chair of Paul Weiss’s Supreme Court and Appellate Practice Group,...more

SCOTUS Implements New Electronic Filing Guidelines

Robins Kaplan LLP on 11/28/2017

At long last, the Supreme Court of the United States has joined the rest of the federal court system in adopting electronic filing. As of November 13, 2017, attorneys filing documents with the Court must submit their...more

Federal Rules of Civil Procedure › Litigation Strategies › Supreme Court of the United States