Calling all Law Students! 

EDI Hosts Advocacy Competition at the 6th Annual Leadership Summit

Tremendous anticipation awaited the amendments to the Federal Rules of Civil Procedure (FRCP) in December 2015. Parties and practitioners were eager to see how new Rule 26(b)(1) would be interpreted by the courts. They did not have to wait long, as dozens of courts have provided judicial interpretation shortly after the amendments went into effect. 

Now, EDI is inviting law student advocates to battle to the death - excuse The Hunger Games reference, wrong event - we mean, write-in for a chance to argue in front of leading minds on Rule 26 of the Federal Rules of Civil Procedure for a chance to take the reins of academic achievement.  

Two winning briefs will win an all-expense paid trip to Fort Lauderdale, FL to argue before hundreds of practitioners attending the EDI Leadership Summit on October 13, 2016. Winning candidates could end up with the dream job they never thought was obtainable through EDI’s super-connected community – where top 20 schools + top 10% credentials mean much less than a candidate’s ability to grasp FRCP issues in writing.

The competition focuses on whether or not the 1978 Supreme Court case Oppenheimer Fund, Inc. v. Sanders is still valid law related to the scope of discovery after the 2015 Amendments to the Federal Rules of Civil Procedure.

COMPETITION RULES

1.      Contestants draft a brief of no more than 15 pages either in support of or against a Writ of Mandamus seeking to overturn a discovery ruling from a random selection of post-2015 FRCP Amendment Cases.  The official versions of the orders appear below.

2.      Contestants are encouraged to review the relevant parts of the docket on PACER, Courtlink, or Westlaw.

3.      Contestants may use any publicly available information, including secondary sources.  EDI has included some secondary material below.

4.      No motion papers needed – only submit a Memorandum of Law following any Federal Circuit’s Rules of Style.  A sample is here

5.      E-mail a PDF or Word version of your submission no later than midnight Pacific time on October 3, 2016 to competition@ediscoveryinstitute.org

6.      Winners will be notified on Thursday October 6, 2016 – exactly one week before oral argument.  EDI will pay for and manage all travel arrangements.  

Orders citing oppenheimer for competition 

Bergman et al. v. Abbott Laboratories

Hibu Inc. v. Peck

Lightsquared et al. v. Deere & Co. et al.

Marine Power Holding LLC v. Malibu Boats LLC

Peoples National Bank NA v. Mehlman et al.

Helpful Secondary Sources

2015 Amendments Transmittal to Congress

A Practical Guide to Achieving Proportionality Under the New FRCP 26 (Laporte, Redgrave)

From Rule text to Reality: Achieving Proportionality in Practice (Gensler, Rosenthal)

Rulemaking (Koeltl)

The First 100 Days (or so) of Case Law Under the 2015 Amendments to the Federal Rules (Barkett)

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