Instructor(s) Brito, Tonya
Advanced Civil Procedure: Complex Litigation (Professor Brito). The civil justice system in the US increasingly has been confronted with “complex” cases involving the litigation of mass injuries in a variety of areas, including securities, discrimination, tort, antitrust, and consumer law. Examining the current class action landscape, the ABA’s Section on Litigation reported in a November 2012 article that companies surveyed indicated that they are continuing to see a gradual rise in class action filings. Further, one-quarter of the corporate counsel responding in the most recent Litigation Trends Report (2011) noted that they had faced one or more class action suits in the prior year. This course is an in-depth study of how modern civil practice addresses the difficulties of larger, more complex cases, which are characterized by multiple claims, multiple parties, multiple tribunals, and higher stakes. We will examine the legal issues, theoretical challenges, practical problems, and political controversies these cases raise. Topics will include federal class actions (including class certification and settlements); transfer and consolidation of individual actions, judicial case management; discovery issues; and ethical considerations. The course is designed to be an advanced course in civil procedure, building on the knowledge acquired in Civil Procedure I and II. Students may take this class concurrently with Civil Procedure II. Students who have not yet taken or are not concurrently enrolled in Civil Procedure II must receive the permission of the instructor to take this class.