Judges foresee federal courts caseload crush; but judicial panel's study doesn't call for radical changes - not yet, anyway

Article Abstract:

The US Judicial Conference's Long Range Planning Committee foresees increased congestion in the federal courts. The committee has released its Proposed Long Range Plan for the Federal Courts predicting a fourfold increase in cases by the year 2020. Solutions offered include limiting the access to appellate courts, increased use of alternative dispute resolution, restoring a minimum-amount-in-controversy requirement and allowing unilateral filling of judicial positions which have been open for a long time by either the Senate or the president.

Forecasts and trends, Federal courts, Court congestion and delay, Court delay

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U.S. civil procedure revisited; committee debates further amendments

Article Abstract:

The US Judicial Conference Advisory Committee on Civil Rules has recommended major changes in the Federal Rules of Civil Procedure. Adding mandatory disclosure to the discovery rules is their most controversial recommendation. It is hoped that mandatory disclosure would expedite litigation by requiring parties to exchange information before formal discovery requests. Proposed changes to Rule 11 include a "safe harbor" clause which would shield attorneys who amend or withdraw such documents from sanctions.

Innovations, Reports, Discovery (Law), Civil procedure, United States. Judicial Conference

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ERISA is prototype for pre-emption: management lawyers like the coherence; plaintiffs' lawyers say their clients lose out

Article Abstract:

While the US Congress considers whether to use the Employment Retirement Income Security Act of 1974 as a model for national healthcare reform, lawyers continue to debate the act's merits and drawbacks. Employers generally favor the law for the coherence it brought to a complex and geographically dispersed subject, while plaintiffs claim the law threw out common-law tradition to favor large corporations. The technical and obscure provisions have produced a rapidly increasing number of lawsuits recently.

United States, Laws, regulations and rules, Employee benefits, Exclusive and concurrent legislative powers, Preemption (Legislative power)

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