The Supreme Court’s Stealth Revolution In Civil Procedure

Law360 (July 2, 2019, 2:11 PM EDT) -- 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 of 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...

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