Early in litigation (pleadings stage: Rules 12 & 15) FLEXIBILITY FAIRNESS FINALITY Early in litigation, courts tend to be flexible, favoring amendment over finality. Non-merits dismissals (such as lack of PJ or SMJ) typically do not bar refiling. Even when dismissing on the merits under Rule 12(b)(6), courts generally dismiss without prejudice or give leave to amend (at […]
Assume plaintiff sues defendant for copyright infringement in federal court. In which of these scenarios is there a Seventh Amendment jury right? P seeks $1 damages P seeks $100 damages P seeks an injunction that will cost D $1M to comply with P seeks a) $1 damages; and b) an injunction that will cost D $1M […]
The Seventh Amendment and the futility of historical analogues Seventh Amendment discussion questions Posted April 8, 2015
Because the text of the Seventh Amendment requires the Court to “preserve” the jury right, courts engage in a historical analysis. Note that the Seventh Amendment was ratified in 1791, long before many modern causes of action were created. What does that mean for new causes of action? In Teamsters v. Terry, union members sued their labor union. The […]
