The Standard for Measuring the Validity of a Federal Rule of Civil Procedure: The Shady Grove Debate between Justices Scalia and Stevens
Loyola Law School Los Angeles
August 27, 2010
Loyola-LA Legal Studies Paper No. 2010-36
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.
Number of Pages in PDF File: 20
Date posted: August 30, 2010