Overview
In an article posted online this evening, the New York Times reports that the Southern District has adopted a new procedure governing related cases. According to the article, a party claiming a new suit is related to another must file a statement “stating clearly and succinctly the basis for the contention.” Any other party can object. The judge being asked to accept the new case as related will make the initial relatedness determination, but a three judge assignment committee will review, and have the power to overrule, every decision. The article suggests that the rule change came in response to the controversy surrounding Judge Scheindlin having accepted a series of stop-and-frisk cases as related. (Our posts on those cases are here.) The Southern District website does not appear to yet reflect the new rule. UPDATE: The new standing order, effective January 1, is here. (H/T John Hawkinson)
