When the first edition appeared in the 1980s, this casebook promised a modern approach to the subject. The basic structure of the book has held up well, but American civil procedure law and scholarship have never been static. With the death of long-time author Ed Sherman, a new co-author joins the book. Diego Zambrano, a leader in a new generation of civil procedure scholars, brings a fresh perspective to the material.

The Eighth Edition of the casebook offers broadened and deepened coverage. Revised Chapter 2 now emphasizes the centrality of due process to American procedure. A reimagined Chapter 4 on joinder offers expanded treatment of class actions and a section on the new “behemoth,” multidistrict litigation. Chapter 5 updates treatment of electronic discovery and adds a section on the lawyer’s role in complying with discovery obligations. Chapter 8 on personal jurisdiction considers the implications of the Supreme Court’s latest decisions, Ford Motor Co. v. Montana District Court (2021) and Mallory v. Norfolk Southern Ry. (2023). Chapter 10 treatment of the Erie Doctrine now contrasts the Court’s Shady Grove decision with Gasperini, which remains a mainstay in the book. The book offers a new capstone chapter on settlement, the ultimate result of most American civil litigation. The book contains updated Notes and Questions to reflect recent developments and modern doctrine.

The new edition provides an entirely up-to-date treatment of civil procedure.

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