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Cruel and Unusual Punishment
Cruel and Unusual Punishment Cartoons

Cruel and Unusual Punishment

Brown v. Plata; expand interpretation; judicial system takes an active role in the state prison system.
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In Re African-American Slave Descendants Litigation
In Re African-American Slave Descendants Litigation
courts may order mandatory nonbinding mediation, alternative dispute resolution.
Voluntary Participation Before Magistrate Constitutes Consent
Voluntary Participation Before Magistrate Constitutes Consent
Roell v. Withrow; When a party has signaled consent to the magistrate judge's authority to hear a case through actions rather than words, there is little value in strict insistence on an express consent requirement.
Jurors Can Sometimes Question Witnesses
Jurors Can Sometimes Question Witnesses
Securities and Exchange Commission v. Koenig; Just as questions from the bench can provide insight that helps lawyers make a stronger case, so too can questions from the jury help lawyers tailor their presentations; motion in limine.
Contracts May Designate Agent For Receiving Service
Contracts May Designate Agent For Receiving Service
National Equipment Rental, Ltd. v. Szukhent; a contractually designated agent's prompt acceptance and transmittal to named defendants of a summons and complaint, pursuant to authorization contained in the contract, constitutes adequate service.
Nicotine Addicts Not Entitled To Class Treatment
Nicotine Addicts Not Entitled To Class Treatment
Castano v. American Tobacco; A district court must conduct a rigorous analysis of the Rule 23 prerequisites before certifying a class; sui generis.
Rule 23 Class Certification Requirement For Settlement
Rule 23 Class Certification Requirement For Settlement
Amchem Products, Inc. v. Windsor; Settlement is relevant to the certification of a class; however, the class unity requirements of Fed. R. Civ. P. 23 remain the dominant concern.
Preclusion
Preclusion
Brent Taylor, Petitioner v. Robert A. Sturgell, Acting Administrator, Federal Aviation Administration, et al.; rule against nonparty preclusion; nonparties are rarely bound by earlier judgments in similar cases.
Relation Back
Relation Back
Krupski v. Costa Crociere S.P.A; amend pleading; relation back hinges on the knowledge of the party to be added, not the party seeking amendment.
Joinder
Joinder
Lopez v. City of Irvington; joinder of claims; sever claims; a single transaction may encompass multiple occurrences.
General Jurisdiction Out of State
General Jurisdiction Out of State
Goodyear Dunlop Tire Operations, S.A. v. Brown; General jurisdiction involves continuous corporate operations within a state; sporadic sales are not sufficient contacts with a forum state.
Diversity Jurisdiction Not for Aliens
Diversity Jurisdiction Not for Aliens
H.K. Hullin International Trade Co., Ltd. v. Kevin Multiline Polymer, Inc.; No diversity exists in suits between resident and nonresident aliens.
Appearance of Bias Matters
Appearance of Bias Matters
Caperton v. A.T. Massey Coal Co.; Appearance of risk of actual judicial bias may require a judge to recuse himself from consideration of a particular case.