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Frivolous Defenses, Thomas D. Russell
Frivolous Defenses, Thomas D. Russell
Cleveland State Law Review
This Article is about civil procedure, torts, insurance, litigation, and professional ethics. The Article is the opening article in a conversation with Stanford Law Professor Nora Freeman Engstrom, who has written about the plaintiffs’ bar and settlement mill attorneys. The empirical center of this piece examines 356 answers to 298 car crash personal injury cases in Colorado’s district courts. The Article situates these cases within dispute pyramid elements, including the total number of miles-traveled within Colorado and the volume of civil litigation. The Article then analyzes the defense attorneys’ departures from the Colorado Rules of Civil Procedure, especially Rule 8. …
Pleading In Ohio After Bell Atlantic V. Twombly And Ashcroft V. Iqbal: Why Ohio Shouldn't Notice A Change, Alana C. Jochum
Pleading In Ohio After Bell Atlantic V. Twombly And Ashcroft V. Iqbal: Why Ohio Shouldn't Notice A Change, Alana C. Jochum
Cleveland State Law Review
Ohio has only briefly addressed the entrance of Bell Atlantic onto the pleading stage, and, thus far, Ohio state courts have mostly retained the Conley standard for determining pleadings. However, multiple pleading standards are emerging, making the issue ripe for a determination by the Supreme Court of Ohio as to what the true pleading standard is for Ohio. This Note will explain why Ohio should preserve Conley, even if doing so diverges from the original intent of federal-state uniformity embodied by the Federal Rules of Civil Procedure.
Voluntary Dismissal In Ohio: A Tale Of An Ancient Procedure In A Modern World, S. Ben Barnes
Voluntary Dismissal In Ohio: A Tale Of An Ancient Procedure In A Modern World, S. Ben Barnes
Cleveland State Law Review
This Note will demonstrate that a modified Federal Rule is the best rule for voluntary dismissal. First, this Note will survey the history of voluntary dismissal and the progression from the common law in England to the current Federal Rule. Second, this Note will discuss the abuses of the rule in Ohio and the need for change. Third, this Note will dissect the Ohio Rule and compare it alongside the Federal Rule. Fourth, this Note will examine possible alternatives. Finally, this Note will propose why a modification of the Federal Rule is the most practical answer to the abuses of …
"Common Sense Legal Reforms Act" Takes Center Stage, Susan J. Becker
"Common Sense Legal Reforms Act" Takes Center Stage, Susan J. Becker
Law Faculty Articles and Essays
This article discusses the extensive and highly controversial civil litigation reforms in Congress, which have been approved largely along party lines in the House of Representatives.
The Use Of Comparative Law In Teaching American Civil Procedure, Sidney B. Jacoby
The Use Of Comparative Law In Teaching American Civil Procedure, Sidney B. Jacoby
Cleveland State Law Review
The use of comparative law can enhance the teaching of American civil procedure, especially by a comparison of foreign form book material with American forms. In this way, with some basic knowledge of comparative civil procedure, the student will better appreciate our own concepts and will also understand some fundamental principles of the civil procedure of civil law countries when he is confronted with them in private practice
Voluntary Dismissals And The Savings Statute: Has Rule 41(A) Changed The Law, J. Patrick Browne
Voluntary Dismissals And The Savings Statute: Has Rule 41(A) Changed The Law, J. Patrick Browne
Cleveland State Law Review
Prior to the adoption of the new Ohio Rules of Civil Procedure, it had been held that a suit voluntarily dismissed could not be refiled under the provisions of the savings statute. Ohio Civil Rule 41(A) replaced the prior Code section providing for voluntary dis- missals and, by its language, suggested that at least one refiling of the suit would be permitted under the savings statute. However, the one reported judicial decision squarely on point at the time of this writing, Brookman v. Northern Trading Co., rejects the apparent purpose of Rule 41 (A) and adheres to the pre-Rule view …
Zahn V. International Paper Co. - The Aggregation Principle And Its Effect On Jurisdiction In Rule 23 (B)(3) Class Actions, Zygmont A. Pines
Zahn V. International Paper Co. - The Aggregation Principle And Its Effect On Jurisdiction In Rule 23 (B)(3) Class Actions, Zygmont A. Pines
Cleveland State Law Review
The course of the present inquiry begins with a consideration of the current obstacles confronting a diversity (b) (3) class action and proceeds toward an analysis of such considerations and the re- sulting ramifications, Special emphasis is placed on the policy aspects of the aggregation doctrine, the jurisdictional amount statute (28 U.S.C. § 1332), and the modern class action device, with specific reference to the problematic condition of the current judicial system.'
Excessive Delay In The Courts: Toward A Continuance Policy Relating To Counsel And Parties, Thomas O. Gorman
Excessive Delay In The Courts: Toward A Continuance Policy Relating To Counsel And Parties, Thomas O. Gorman
Cleveland State Law Review
The maxim "Justice delayed is justice denied" is an expression which is becoming all too meaningful in our courts today. Many of the large metropolitan courts in this country are being strangled by the ever-increasing backlog of cases. ...In most court systems, continuance policies are either non-existent or couched in vague terms such as "good cause shown.' It is the aim of this study to formulate guidelines for a sound continuance policy which will serve to speed the administration of justice without interfering with the high standard of judicial fairness necessary to proper adjudication.
Preserving Objections To In Personam Jurisdiction - Ohio's Persistent Shibboleth, J. Patrick Browne
Preserving Objections To In Personam Jurisdiction - Ohio's Persistent Shibboleth, J. Patrick Browne
Cleveland State Law Review
The scenario is commonplace: Plaintiff causes summons to be served on the defendant. The defendant believes the summons is fatally defective, or the service is faulty, or that, for some reason or another, the court in which the action is brought cannot lawfully obtain jurisdiction over his person. Accordingly, he files a motion to quash and set aside the summons, or a motion to dismiss for want of in personam jurisdiction. As so frequently happens, the court does not quite see the wisdom of defendant's position, and overrules the motion. Usually, the court's journal entry will note that the defendant's …
Chiropractors As Expert Medical Witnesses, Ronald J. Zele
Chiropractors As Expert Medical Witnesses, Ronald J. Zele
Cleveland State Law Review
This paper examines the rules of evidence concerning the admissibility of testimony of chiropractors as expert medical witnesses.