The Standard for Measuring the Validity of a Federal Rule of Civil Procedure: The Shady Grove Debate between Justices Scalia and Stevens
20 Pages Posted: 30 Aug 2010
Date Written: August 27, 2010
In Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Company, Justices Scalia and Stevens offered alternative interpretations of §2072(b) of the Rules Enabling Act (“REA”). The focus of this essay is on that disagreement. The author argues that both the text of the REA and judicial precedent support the Stevens interpretation.
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