An Important Class Issue The High Court Left Unresolved
Law360 (February 19, 2019, 12:31 PM EST) -- It is not uncommon for there to be tension between the Federal Rules of Civil Procedure and the Constitution. But it is highly uncommon — if not unprecedented — for courts to allow the former to trump the latter. Indeed, both the Rules Enabling Act and the rules themselves expressly require just the opposite.
Put simply, while the U.S. Supreme Court can craft “general rules of practice and procedure,” those rules cannot — except, perhaps, in the most incidental ways — alter a party’s substantive rights or expand a court’s subject matter jurisdiction.
Two circuit courts have recently suggested otherwise, however,...
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