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Articles 1 - 30 of 43
Full-Text Articles in Entire DC Network
The Jury's Historic Domain In Complex Cases, Roger W. Kirst
The Jury's Historic Domain In Complex Cases, Roger W. Kirst
Washington Law Review
Part I of this article will review the major developments in the complexity debate. Part II will discuss the development and modem employment of the judge-jury historical test. Part III will examine how the judge-jury historical test accommodates both judicial control of the jury and a political role for the jury. Part IV will discuss how application of the judge-jury historical test will permit judges to use new or expanded powers, such as direct judicial factfinding on some issues in complex cases. Part V will compare the judge-jury historical test with other approaches to the complexity problem.
Insurance Law And Asbestosis—When Is Coverage Of A Progressive Diease Triggered?—Keene Corporation V. Insurance Company Of North America, 667 F.2d 1034 (D.C. Cir. 1981), Cert. Denied, 102 S. Ct. 1644 (1982), Rebecca Cochran Earnest
Insurance Law And Asbestosis—When Is Coverage Of A Progressive Diease Triggered?—Keene Corporation V. Insurance Company Of North America, 667 F.2d 1034 (D.C. Cir. 1981), Cert. Denied, 102 S. Ct. 1644 (1982), Rebecca Cochran Earnest
Washington Law Review
In Keene Corp. v. Insurance Co. of North America, the United States Court of Appeals for the District of Columbia integrated those approaches, holding that insurance coverage is triggered both by exposure to asbestos and by development and manifestation of a related disease. Each insurer covering any period during this process is liable for indemnification of the manufacturer and for defense costs. This liability is limited, however, to policy coverage, and many be reduced by the policy's other-insurance clause. The court also held that the manufacturer is not proportionately liable for the periods during which it was uninsured. Thus, the …
Statutes Of Limitations And Opting Out Of Class Actions, Michigan Law Review
Statutes Of Limitations And Opting Out Of Class Actions, Michigan Law Review
Michigan Law Review
This Note argues that one who opts out of a class action should not benefit from tolling for the time during which the individual was a class member. Part I develops an analytical framework, grounded in the underlying policies of statutes of limitations and applied in recent Supreme Court decisions, for resolving tolling questions. This Part concludes that a plaintiff must show that tolling will not conflict with the policy purposes animating statutes of limitations, as well as a policy reason that favors tolling. Part II applies the first of these parameters to the opt-out situation, and concludes that tolling …
Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank
Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Moses H. Cone Memorial Hospital V. Mercury Construction Corporation, Lewis F. Powell, Jr.
Moses H. Cone Memorial Hospital V. Mercury Construction Corporation, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
United States V. Rylander, Lewis F. Powell Jr.
United States V. Rylander, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Pillsbury Co. V. Conboy, Lewis F. Powell Jr.
Pillsbury Co. V. Conboy, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Dirks V. Securities And Exchange Commission, Lewis F. Powell Jr.
Dirks V. Securities And Exchange Commission, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Civil Procedure—Minimum Contacts—Eighth Circuit Survey, George P. Nelson
Civil Procedure—Minimum Contacts—Eighth Circuit Survey, George P. Nelson
University of Arkansas at Little Rock Law Review
No abstract provided.
Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary
Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary
Scholarly Works
This survey contains only a handful of the hundreds of decisions rendered last year by the Georgia appellate courts on points of trial practice and procedure. The decisions chosen for review were selected because they resolved previously undecided issues or aptly illustrated some important principle of civil procedure. Three fairly technical legislative amendments to the Civil Practice Act (CPA) dealing with the applicability of the CPA, the requirement of filing discovery documents, and the effect of a dismissal for failure to prosecute are also noted. This survey will follow the format used in the past by beginning with cases dealing …
Should Indigent Civil Litigants In The Federal Courts Have A Right To Appointed Counsel?, Luther M. Swygert
Should Indigent Civil Litigants In The Federal Courts Have A Right To Appointed Counsel?, Luther M. Swygert
Washington and Lee Law Review
No abstract provided.
Communication In The Courtroom: Jury Instructions, Michael J. Farrell
Communication In The Courtroom: Jury Instructions, Michael J. Farrell
West Virginia Law Review
No abstract provided.
Civil Procedure—Rule 42(B)—Bifurcation Of The Issues Of Liability And Damages At Trial, Margaret Gammill
Civil Procedure—Rule 42(B)—Bifurcation Of The Issues Of Liability And Damages At Trial, Margaret Gammill
University of Arkansas at Little Rock Law Review
No abstract provided.
Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood
Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood
Law Faculty Scholarly Articles
This Article addresses the effectiveness of recent developments and proposals related to abusive litigation, and discusses them in the context of recent opinions illustrating the power of the trial judge to control the excesses of the adversary system. It rejects the countersuit as a time-consuming and costly means of controlling litigation abuses, and concludes that “tinkering changes” in the rules of procedure cannot bring about true reform. It is urged here that the burden resulting from abuse of litigation can only be relieved by changes which foster stronger judicial control of adversarial ethics, and greater judicial involvement in the pretrial …
Utah Allows Contribution Against Cotortfeasor Despite Immunity From Direct Suit: Bishop V. Nielsen, David H. Little
Utah Allows Contribution Against Cotortfeasor Despite Immunity From Direct Suit: Bishop V. Nielsen, David H. Little
BYU Law Review
No abstract provided.
The Rules Enabling Act Of 1934, Stephen B. Burbank
The Rules Enabling Act Of 1934, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
News-Source Privilege In Libel Cases: A Critical Analysis, David Joseph Smith
News-Source Privilege In Libel Cases: A Critical Analysis, David Joseph Smith
Washington Law Review
This comment first examines the recent cases in which a libel plaintiff was impeded by the use of a qualified privilege from obtaining the identity of news sources behind an allegedly defamatory story. It next discusses the historical development of the constitutional news-source privilege and concludes that neither traditional first amendment press clause doctrine nor the United States Supreme Court's decision in Branzburg v. Hayes is authority for such a privilege. This comment then points out that courts which nonetheless recognize a constitutional news-source privilege in civil cases have given the same protection to all sources, regardless of the publication's …
The Use Of A Rule 37(B)(2)(A) Sanction To Establish In Personam Jurisdiction, Jeffrey A. Robinson
The Use Of A Rule 37(B)(2)(A) Sanction To Establish In Personam Jurisdiction, Jeffrey A. Robinson
BYU Law Review
No abstract provided.
Civil Procedure - When A United States Court Of Appeals Has Predicted The Course Of State Law On A Question Of First Impression In A State Within That Circuit The Federal Courts Of Other Circuits Should Defer To That Holding, Lynne Heckert
Villanova Law Review
No abstract provided.
The Mandamus Power Of The United States Courts Of Appeals: A Complex And Confused Means Of Appellate Control, Robert S. Berger
The Mandamus Power Of The United States Courts Of Appeals: A Complex And Confused Means Of Appellate Control, Robert S. Berger
Journal Articles
No abstract provided.
Kentucky Law Survey: Civil Procedure, John R. Leathers
Kentucky Law Survey: Civil Procedure, John R. Leathers
Kentucky Law Journal
No abstract provided.
Adjudicating The Rights Of The Plaintiff Class: Current Procedural Problems,26 St. Louis U. L.J. 364 (1982), Allen R. Kamp
Adjudicating The Rights Of The Plaintiff Class: Current Procedural Problems,26 St. Louis U. L.J. 364 (1982), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Article III of the United States Constitution does not Grant Congress the Power to Extend United States Courts' Jurisdiction over Suits by Foreign Plaintiffs against Foreign Defendants
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Under Federal Rule of Civil Procedure 37(B), the Courts have the Power to Impose Sanction of Personal Jurisdiction when a Party Fails to Comply with Discovery Order
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Foreign Sovereign Immunity--A Strict Construction of the Concept of Instrumentalities under the Foreign Sovereign Immunities Act
Federal Courts And Procedure, Various Editors
Federal Courts And Procedure, Various Editors
Villanova Law Review
No abstract provided.
Judicial Restraining Orders And The Media: Does It Really Matter Who Is Gagged?, James M. Jennings Ii
Judicial Restraining Orders And The Media: Does It Really Matter Who Is Gagged?, James M. Jennings Ii
University of Richmond Law Review
Writing in Bridges v. California, Justice Hugo Black observed forty years ago that "free speech and fair trials are two of the most cherished policies of our civilization, and it would be a trying task to choose between them." And yet, these constitutionally guaranteed rights have been in conflict since at least 1807.
Litigation Implications Of The Chicago O'Hara Airport Crash Of American Airlines Flight 191, 15 J. Marshall L. Rev. 273 (1982), John J. Kennelly
Litigation Implications Of The Chicago O'Hara Airport Crash Of American Airlines Flight 191, 15 J. Marshall L. Rev. 273 (1982), John J. Kennelly
UIC Law Review
No abstract provided.
Discovery In Illinois And Federal Courts, 15 J. Marshall L. Rev. 1 (1982), Robert G. Johnston
Discovery In Illinois And Federal Courts, 15 J. Marshall L. Rev. 1 (1982), Robert G. Johnston
UIC Law Review
No abstract provided.
Collateral Estoppel, Rose M. Alexander, Ofie T. Rubin, Anita G. Vaughn, Carol L. Wingo
Collateral Estoppel, Rose M. Alexander, Ofie T. Rubin, Anita G. Vaughn, Carol L. Wingo
University of Richmond Law Review
The doctrine of collateral estoppel involves the use of an old judgment in a new action to prevent the relitigation of issues resolved by that old judgment. At common law, use of the doctrine required that the party using collateral estoppel and the party against whom it was used be the same as the parties to the prior judgment. This common law requirement of mutuality has been relaxed and since the United States Supreme Court's 1979 decision in ParklaneHoisery Co. v. Shore, the strict common law requirement of mutuality has all but completely vanished. In Parklane the Court sanctioned the …
The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco
The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco
University of Richmond Law Review
The Supreme Court recently held in Chandler v. Florida, that absent a showing of actual prejudice, it is not per se unconstitutional to televise trials over the objection of the defendant. This decision has a direct bearing on state court procedures, as over one-half of the states currently permit television coverage of trials in one form or another. However, sheer numbers supporting a proposition do not make that proposition "right", nor does a Supreme Court decision upholding its constitutionality imply an unqualified stamp of approval. In fact, previous Supreme Court decisions have overturned convictions because the defendant's right to a …