Found this article written by Jim Wagstaffe on Lexis Nexis and found that it provided a thoughtful review of some of the recent shifts in Civil Procedure.

The U.S. Supreme Court steadily and without fanfare has been revolutionizing multiple areas of civil procedure to provide litigants with a battle plan to win their cases. The stealth procedural weapons include personal jurisdiction, venue forum selection clauses, gatekeeping rules for pleadings, arbitration protections for businesses and placement on limits on class actions.

Assessing the fairness of this revolution depends on where you sit. For plaintiffs and consumers, the viewpoint is that the high court is limiting access to justice and arming opponents and businesses with powerful procedural tools. For defendants, particularly corporations, the Roberts Court is seen as responding to a wave of litigiousness and erecting procedural hedgerows against oppressive case costs and exposures.

One thing is for sure: you better know these new procedural battle plans and cases if you want to win what have often become the wars of civil litigation. Read More Here


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