Civil Procedure: Theory and Practice
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Description
The Third Edition takes account of important changes to the Federal Rules of Civil Procedure and fully integrates recent case law. In December 2007, stylistic changes to the Federal Rules of Civil Procedure took effect. These changes altered the language and numbering of most of the Rules. All references to the Rules have been updated in this edition. This edition also integrates the Supreme Court’s 2007 decision in Bell Atlantic Corp. v. Twombly and related cases into our coverage of pleading, discovery, and adjudication in Chapter 5. Our summary judgment discussion now includes a discussion of Scott v. Harris, a provocative Supreme Court decision reversing a denial of summary judgment for defendants in a § 1983 action brought against police for the use of excessive force during a high-speed chase. The preclusion chapter gives a full treatment to Taylor v. Sturgell, the Courts’ recent restatement of the law of parties bound and advantaged by a judgment. The centerpiece of compulsory joinder is now Republic of the Phlippines v. Pimentel, which is also the first occasion on which the Court has spoken to the interpretation of the restyled rules. And, responding to feedback from our adopters, we have tightened several chapters and added further comparative and social science perspectives throughout.
Publication Date
2009
Edition
3
Recommended Citation
Silberman, Linda J.; Stein, Allan R.; and Wolff, Tobias Barrington, "Civil Procedure: Theory and Practice" (2009). Faculty Books & Edited Works. 675.
https://gretchen.law.nyu.edu/fac-books-edited-works/675
