Articles on Federal Practice

Recent False Claims Act Cases Show Trump Administration’s Continued Focus on International Customs and Trade Fraud By Jay Schleppenbach International and Immigration Law, August 2025 From President Trump's imposition of tariffs on automobiles and their component parts to the broad reciprocal tariffs announced on Liberation Day and discussions of tariffs on foreign-made films, it is safe to say the landscape of international trade has continually shifted. 
Recent False Claims Act Cases Show Trump Administration’s Continued Focus on International Customs and Trade Fraud By Jay Schleppenbach Federal Civil Practice, July 2025 International trade has continually been in the news during President Trump’s second administration. From the imposition of tariffs on automobiles and their component parts to the broad reciprocal tariffs announced on Liberation Day and discussions of tariffs on foreign-made films, it is safe to say the landscape of international trade has continually shifted. Beyond these more dramatic moves on the international stage, however, there have been perhaps less visible but no less important signs that the Trump administration is prioritizing compliance with the nation’s customs and trade laws.
Substantive Elements in Special State Pleading Laws By Jeffrey A. Parness Federal Civil Practice, July 2025 In Berk, the issue is whether a Delaware affidavit of merit (AOM) statute governing “healthcare negligence” claims, 18 Delaware Code 6853 (a)(1-3), applied in a diversity case involving the treatment of a Florida citizen in Delaware that was prompted by a fall in a Delaware home. Upon examining the principles of Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938) and its progeny, the Third Circuit determined that there was no conflict involving federal civil procedure rules
To Be or Not to Be…Discoverable: Third-Party Litigation Funders By Lee S. Brenner, Alicia Sharon, & Matthew Raber Federal Civil Practice, July 2025 This article explores under what circumstances can a court permit discovery of third-party litigation funding. 
How to have a really bad day with the Seventh Circuit Court of Appeals By Frank M. Grenard Corporate Law Departments, January 2007 In a particularly “salty” and somewhat lengthy opinion, a semi-divided panel of the Seventh Circuit Court of Appeals warned that it is going to start hammering attorneys who do not dot the “i’s,” particularly after being told to do so.

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