John Doe Defendants: Portents of Mystery, but Perhaps Not Diversity Jurisdiction

Tyler Mikulis proposes that courts allow cases with anonymous John Doe defendants "to continue under diversity jurisdiction" but that "plaintiffs ought to be required to make a good faith effort to identify the citizenship of any Doe defendants" and that courts should "allow limited, and temporary, jurisdictional discovery" to permit plaintiffs to do so.

Aggregating Values: Mutual Funds and the Problem of ESG

Profs. Adriana Z. Robertson and Sarath Sanga argue "that an ESG fund must establish a consistent link among the fund’s stated ESG purpose, its ESG investing strategy, and—crucially—the portfolio-level ESG metric." Then, the authors "propose a practical approach to constructing portfolio-level ESG metrics and explain how, in light of [that] analysis, ESG fund managers and the SEC should act."

A Sea Change in Class Action Jurisprudence? Olean v. Bumble Bee Foods LLC and Its Implications for Certifying Classes with Uninjured Members

Katherine Weaver discusses the Ninth Circuit's refusal in Olean v. Bumble Bee Foods LLC "to adopt a per se rule prohibiting class certification when the putative class contains more than a de minimis number of uninjured class members" and concludes that "lower courts grappling with this issue in the future should take into account the Seventh Circuit’s opinion in Mussat v. IQVIA, Inc." and treat classes as an "entity."

Can Stealthing Qualify? Navigating Rape Exceptions in States’ Abortion Bans

Erin Yonchak, writing on stealthing and on rape exceptions to state abortion bans, concludes that, first, "[c]urrent rape law does not capture a swath of sexual violence, like stealthing—and rape exceptions, as written, do little to provide options for those victims," and second, "if providing abortion access to sexual violence survivors is a priority for legislators in abortion-restricted states, rape exceptions should be broadened to expansively define 'rape' as any unwanted sexual conduct and divorce rape exceptions from the criminal system, which remains an inadequate mechanism for victims of sexual violence."