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Linda S. Mullenix

  • Morris & Rita Atlas Chair in Advocacy

Education

  • PhD Columbia University
  • JD Georgetown University
  • MPhil Columbia University
  • BA City College of New York

LINDA S. MULLENIX holds the Rita and Morris Atlas Chair in Advocacy at the University of Texas School of Law. Professor Mullenix holds M.Phil. and Ph.D. degrees from Columbia University in political science and graduated Phi Beta Kappa from the City College of New York. She received her law degree from Georgetown University Law Center and practiced appellate litigation in Washington, D.C. She has held appointments as a Supreme Court Fellow at the Federal Judicial Center; was a scholar-in-residence at the Rockefeller Foundation Bellagio Study and Conference Center in Italy; and also held the Fulbright Senior Distinguished Chair in Law in Trento, Italy. She has been a visiting professor at Harvard and Michigan Law Schools. Professor Mullenix has been a professor since 1974, teaching federal civil procedure, mass tort litigation, current issues in class action litigation, aggregate and class action litigation in a global context, and state class action procedure. She also has taught complex litigation, federal courts, conflicts, professional responsibility, and civil justice reform. In January 2012, Professor Mullenix was honored as a “Pathfinder 2012” by the Travis County Women’s Law Association "for her outstanding service to our legal communtiy and continued inspiration as a role model and trailblazer," which recognizes women in the community who “have used their law degrees in ways that inspire the rest of us.”

Professor Mullenix is an elected member of the American Law Institute, serving as the Associate Reporter for the Restatement of the Law Governing Lawyers, a consultative member of the Transnational Rules of Civil Procedure project and the Complex Litigation Project. In addition, Professor Mullenix is an elected Fellow of the American Bar Foundation, the Texas Bar Foundation, and the International Association of Procedural Law. Professor Mullenix is the author or co-author of seventeen books including Leading Cases in Civil Procedure (2d ed. 2012); Mass Tort Litigation (2d ed. 2008); Federal Courts in the Twenty-First Century (3d ed. 2007); State Class Action Practice and Procedure (2000); ALI Restatement Third, The Law Governing Lawyers (2000); Understanding Federal Courts (1998); and Moore's Federal Practice (2d and 3d Eds.). For over 20 years, Professor Mullenix has been a contributing writer for Preview of Supreme Court Cases and a regular columnist for the National Law Journal. She has written hundreds of articles published in The Chicago Legal Forum, Cornell Law Review, Georgetown University Law Journal, Harvard Law Review, Michigan Law Review, Minnesota Law Review, Stanford Law Review, University of Pennsylvania Law Review, Northwestern Law Review, Texas Law Review, and Vanderbilt Law Review, as well as numerous other journals. Courts throughout the United States have cited Professor Mullenix's articles on procedure and complex litigation.

Professor Mullenix has broadly served the profession in a number of capacities, including as Reporter for an ABA Task Force on Class Actions; Reporter for the Southern District of Texas, Civil Justice Reform Act; Reporter for the National Conference of Federal-State Judicial Relationships; Advisor, Texas Class Action Rules Subcommittee; and Advisor, National Center for State Courts, Study on Civil Discovery. Professor Mullenix has been an invited participant numerous conferences including the ABA Conference on the Future of Class Action Litigation in America; the Symposium on Cutting Edge Issues in Class Action Litigation, The Legal Forum, University of Chicago; the Class Action Conference, Judicial Conference Committee on Rules of Practice and Procedure; the Gulf States Class Action Symposium; the University of Pennsylvania Symposium: Mass Torts; the ABA Class Action Institute; the Mass Tort Working Group, Judicial Conference Committee on Rules of Practice and Procedure; the Special Study Conference on Federal Rules Governing Attorney Conduct, Judicial Conference Committee on Rules of Practice and Procedure; the Research Conference on Class Actions, Institute for Judicial Administration and N.Y.U.; the Conference on Civil Procedure and the Future of the Federal Rules, Southwest Legal Foundation; and the National Mass Tort Litigation Conference. She has served as a faculty member for the Annual Conference on Complex Litigation and Resolution of Class Action Litigation, and has delivered lectures relating to class action litigation in Austria, Canada, Germany, Italy, Switzerland, and Brazil.

Recent Publications

  • The Fraud on the Market Presumption in Securities Class Actions: Déjà Vu All Over Again, 5 Preview of United States Supreme Court Cases 216 (February 24, 2014) (Halliburton Co. and Lesar v. Erica P. John Fund, Inc.).
  • Civil Procedure (West Academic, Blackletter Series, 2d ed. 2014).
  • Think the High Court is Pro-Corporate? Not Here; Companies Unable to Remove State Brought Consumer Protection Cases to Federal Court, National Law Journal, February 3, 2014, at 13.

Full list of publications…

Recent Activities

  • 17th Annual ABA Class Action Institute

    October 24, 2013

    Boston, Massachusetts

    Professor Mullenix spoke as a member of the faculty of the 17th annual American Bar Association Class Action Institute, held in Boston, Massachusetts on October 24-25, 2013. She participated in a program panel on emerging issues relating to Article III standing in class action certification, with a focus on so-called "no injury" classes where some class members have yet to experience a manifestation of a product defect. This discussion focused on the "smelly washing machine" litigation being adjudicated in the Sixth and Seventh Circuits. She also spoke on recent decisions from the Third Circuit addressing the problem of defining an "ascertainable class" as a prerequisite to class certification, and the consequences of this doctrine for class action attorneys.

  • Speaker, "Private and Government-Related Consumer Litigation"

    September 26, 2013

    Federal Bar Association 2013 Annual Meeting and Convention

    Professor Mullenix was a speaker at the Federal Bar Association's 2013 Annual Meeting and Convention in San Juan, Puerto Rico on September 26-28, 2013. She gave a presentation on developments in private and government-related consumer litigation, including an analysis of the Supreme Court's 2013 decision in FTC v. Actavis concerning the legality of "reverse payment agreements" to generic drug manufacturers. She also spoke about the Court's 2012-13 six class actions decisions and the effects of these decisions on future consumer class actions.

  • Class Action Wrap-Up 2012-13 Supreme Court Decisions

    August 10, 2013

    Preview of Supreme Court Cases, Wrap-Up Issue

    Professor Mullenix published commentary and analysis of the Supreme Court's unprecedented decisions in six class action cases on the Court's 2012-13 docket, including two significant cases dealing with classwide waivers in arbitration clauses. The article, entitled "The Court's 2012 Class Act: A Little Bit of This, A Little Bit of That," may be accessed and downloaded at http://ssrn.com/abstract=2308598

Full activities list…

Contact Information

Linda S. Mullenix

lmullenix@law.utexas.edu

Work (512) 232-1375

Fax (512) 471-6988

Office: JON 6.222
The University of Texas at Austin
727 E Dean Keeton Street
Austin, TX 78705

Faculty Assistant

Winifred A. Tillman ptillman@law.utexas.edu
(512) 232-1371

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