In re Howmedica Osteonics Corp., ___ F.3d ___ (3d Cir. 2017).  Today’s opinion by Judge Krause contains a little bit of a lot of things: in no particular order, waiver, forum selection clauses, section 1404 transfer law, necessary party law, personal jurisdiction, mandamus, appellate jurisdiction to grant mandamus, and the standard of review for mandamus cases, severance, and the proper application of Atlantic Marine Construction Co. v. U.S. District Court, 134 S.

The Judicial Conference Advisory Committee is seeking comments on proposed changes to the Federal Rules of Appellate Procedure (as well as proposed changes to other sets of federal rules).  The details are here.

The Federal Rules of Appellate Procedure that are proposed to be amended are Rules 3, 13, 26,1, 28, and 32.  The amendments appear to be relatively uncontroversial.

The proposed amendments to Rules 3 and 13 alter those rules to dele

The Supreme Court announced late yesterday that it has granted certification in three more cases.  In the first matter, Serico v. Rothberg, the question presented, as phrased by the Supreme Court Clerk’s office, is “Did plaintiff waive her right to pursue attorney’s fees, pursuant to the offer of judgment rule (R. 4:58-1 to -6), by entering into a high-low agreement without expressly reserving her right to recover fees?”  The opinion of the Appellate Division, which was discussed