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2006

Civil Procedure

Institution
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Summary Of Washoe Med. Ctr. V. Dist. Ct., 122 Nev. Adv. Op. No. 110, Aubree Nielsen Dec 2006

Summary Of Washoe Med. Ctr. V. Dist. Ct., 122 Nev. Adv. Op. No. 110, Aubree Nielsen

Nevada Supreme Court Summaries

An appeal involving an issue of first impression – whether a plaintiff in a medical malpractice action may amend her complaint, under NRCP 15(a), to comply with NRS 41A.071, which requires that complaints for medical malpractice be accompanied by a medical expert affidavit.


Summary Of Rocker V. Kpmg Llp, 122 Nev. Adv. Op. No. 101, 148 P.3d 703, Matt Lay Dec 2006

Summary Of Rocker V. Kpmg Llp, 122 Nev. Adv. Op. No. 101, 148 P.3d 703, Matt Lay

Nevada Supreme Court Summaries

Appeal from an order of the Eighth Judicial District Court, State of Nevada, granting motion to dismiss for lack of personal jurisdiction and failure to plead with particularity.


Summary Of Millen V. Dist. Ct., Nev. Adv. Op. No. 105, Sherry Moore Dec 2006

Summary Of Millen V. Dist. Ct., Nev. Adv. Op. No. 105, Sherry Moore

Nevada Supreme Court Summaries

The district court judge disqualified petitioner’s counsel because petitioner’s counsel was on the judge’s recusal list. Petitioner filed a writ of mandamus to prevent the district court judge’s disqualification of her attorney from representing her at trial.


Summary Of Brent G. Theobald Constr. V. Richardson Constr., 122 Nev. Adv. Op. 98, Michelle L'Hommedieu Dec 2006

Summary Of Brent G. Theobald Constr. V. Richardson Constr., 122 Nev. Adv. Op. 98, Michelle L'Hommedieu

Nevada Supreme Court Summaries

No abstract provided.


Reverse-Erie, Kevin M. Clermont Nov 2006

Reverse-Erie, Kevin M. Clermont

Cornell Law Faculty Publications

Traditional Erie is like a false front on a movie set, with nobody seeing the unfinished rear side. That other side depicts the extent of federal law applicable in state courts, which is determined under a doctrine called reverse-Erie. While everyone has an Erie theory and stands ready to debate it, almost no one has a theory of reverse-Erie, and no one at all has developed a clear choice-of-law methodology for it. Reverse-Erie, often misunderstood, mischaracterized, and misapplied by judges and commentators, goes strangely ignored by most scholars. And it goes ignored even though it holds a key to understanding ...


Civil Due Process, Criminal Due Process, Niki Kuckes Oct 2006

Civil Due Process, Criminal Due Process, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


8th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2006, Department Of Attorney General, State Of Rhode Island Aug 2006

8th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2006, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


Summary Of Winston Products Co. V. Deboer, 122 Nev. Adv. Op. 4, Dustin Howell May 2006

Summary Of Winston Products Co. V. Deboer, 122 Nev. Adv. Op. 4, Dustin Howell

Nevada Supreme Court Summaries

This case examines “the method used to compute the time for filing motions for judgment as a matter of law and for a new trial and the tolling period to file a notice of appeal when these motions are served by mail or electronic means.”2 This case also addresses the issue of whether tolling motions also toll the time to appeal from a post-judgment order awarding attorney fees and costs.


Exorbitant Jurisdiction, Kevin M. Clermont, John R.B. Palmer Apr 2006

Exorbitant Jurisdiction, Kevin M. Clermont, John R.B. Palmer

Cornell Law Faculty Publications

Exorbitant territorial jurisdiction in civil cases comprises those classes of jurisdiction, although exercised validly under a country's rules, that nonetheless are unfair to the defendant because of a lack of significant connection between the sovereign and either the parties or the dispute. The United States, France, and most of the rest of the world exercise a good deal of exorbitant jurisdiction so defined. In the United States, an emphasis on power derived from territoriality has led to jurisdictional restraint in some respects, but has also allowed general jurisdiction based solely on transient physical presence, the attachment of property, or ...


Subclassing, Scott Dodson Mar 2006

Subclassing, Scott Dodson

Faculty Publications

This Article is the first to take a hard look at Federal Rule of Civil Procedure 23(c)(4)(B), an oft-slighted part of the class action scheme that permits a court to create subclasses "when appropriate." Despite its tautologically unhelpful text, no other court or commentator has undertaken a comprehensive analysis of this provision. The time to do so is certainly now. As class actions grow bigger, plaintiffs seek new ways to meet Rule 23 "s certification requirements. Just in the last few years, plaintiffs have turned to subclassing's sister provision, Rule 23(c)(4)(A), which has ...


Invisible Settlements, Invisible Discrimination, Minna J. Kotkin Mar 2006

Invisible Settlements, Invisible Discrimination, Minna J. Kotkin

Faculty Scholarship

No abstract provided.


Summary Of International Game Tech. V. Dist. Ct., 122 Nev. Adv. Op. No. 13, Krystal Gallagher Feb 2006

Summary Of International Game Tech. V. Dist. Ct., 122 Nev. Adv. Op. No. 13, Krystal Gallagher

Nevada Supreme Court Summaries

Petitioner, Nevada’s Attorney General, appeals from the district courts’ refusals to dismiss actions brought under Nevada’s False Claims Act (“FCA”) by respondents, James McAndrews and Beeler, Schad & Diamond, P.C. Nevada permits individuals to become private attorneys general, which grants individuals the right to sue on behalf of the state. This individual is known as a quitam plaintiff. After filing an action, the quitam plaintiff must send the Attorney General a copy of the complaint and a written disclosure of all material information, and then the complaint is sealed. The complaint remains sealed and the defendants are not served until the Attorney General decides whether to intervene. From here, the Attorney General may choose to intervene and to proceed with the action. If the Attorney General intervenes and elects to proceed with the action, the quitam plaintiff must relinquish control of the litigation but may remain a party to the action. On the other hand, if the Attorney General chooses not to intervene initially, the Attorney General may still later intervene upon timely application “if the interest of the State . . . in recovery of the money or property involved is not being adequately represented by the private plaintiff.”2 In addition, the Attorney General may settle the action and “may move to dismiss the action for good cause.”3 Respondent, McAndrews, filed suit under the FCA against International Game Technology, Anchor Coin, Inc., and Spin For Cash Wide Area Progressive (“IGT”). McAndrews filed suit because IGT allegedly falsified tax records. After receiving a copy of McAndrew’s FCA complaint, the Nevada Attorney General asked the Nevada Department of Taxation (“tax department”) to perform an audit of IGT. The Attorney General then elected to intervene pursuant to NRS 357.080(4) and moved to dismiss the false claims action for several reasons: (1) the FCA does not cover tax matters; (2) Nevada’s tax-collection preempts false claims actions brought by private litigants based on tax deficiencies; and (3) good cause is present in order to dismiss the action. The district court denied the Attorney General’s motion to dismiss and held that the express language of Nevada’s FCA does not forbid tax deficiency claims. Furthermore, the district court found that the Attorney General failed to demonstrate good cause for dismissal ...


Summary Of Mccrary V. Bianco, 122 Nev. Adv. Op. 10, Eunice Kasiske Feb 2006

Summary Of Mccrary V. Bianco, 122 Nev. Adv. Op. 10, Eunice Kasiske

Nevada Supreme Court Summaries

Thomas and Rebecca McCrary (“McCrary”) appealed from a post-verdict district court order awarding attorney fees based upon the cost shifting provisions of NRCP 68 and NRS 17.115. Dominic Bianco (“Bianco”) cross-appealed from the denial of its motion for partial satisfaction of judgment. McCrary unsuccessfully argued that the district court erred in its failure to consider pre-offer attorney fees and costs as part of its determination of the total judgment for cost-shifting purposes. McCrary successfully argued that the district court erred in not including pre-offer prejudgment interest in its comparison between the total amount awarded and the offer of judgment ...


Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer Jan 2006

Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer

Faculty Scholarship

None available.


The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation In Federal Court, A. Benjamin Spencer Jan 2006

The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation In Federal Court, A. Benjamin Spencer

Faculty Scholarship

The issue of discovery misconduct, specifically as it pertains to the pre-litigation duty to preserve and sanctions for spoliation, has garnered much attention in the wake of decisions by two prominent jurists whose voices carry great weight in this area. In Pension Committee of University of Montreal Pension Plan v. Bank of America Securities, Judge Shira Scheindlin - of the Zubulake e-discovery cases - penned a scholarly and thorough opinion setting forth her views regarding the triggering of the duty to preserve potentially relevant information pending litigation and the standards for determining the appropriate sanctions for various breaches of that duty. Not ...


The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson Jan 2006

The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson

Law Faculty Publications

This article describes the separation of common law and equity in Virginia leading up to the 2006 merger of common law and equity pleading and the problems that remain to be solved by the courts.


Cumulative Supplement To Jurisdiction In Civil Action, Wendy Collins Perdue Jan 2006

Cumulative Supplement To Jurisdiction In Civil Action, Wendy Collins Perdue

Law Faculty Publications

Cumulative supplement to Jurisdiction in Civil Action Third Edition.


Rescuing Rule 3(C) From The 800-Pound Gorilla: The Case For A No-Nonsense Approach To Defective Notices Of Appeal, Philip A. Pucillo Jan 2006

Rescuing Rule 3(C) From The 800-Pound Gorilla: The Case For A No-Nonsense Approach To Defective Notices Of Appeal, Philip A. Pucillo

Faculty Publications

No abstract provided.


Merrill Lynch V. Dabit: Federal Preemption Of Holders' Class Actions, Mark J. Loewenstein Jan 2006

Merrill Lynch V. Dabit: Federal Preemption Of Holders' Class Actions, Mark J. Loewenstein

Articles

No abstract provided.


Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr. Jan 2006

Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Constitutional Decision Rules For Juries, Catherine T. Struve Jan 2006

Constitutional Decision Rules For Juries, Catherine T. Struve

Faculty Scholarship at Penn Law

No abstract provided.


Pound's Century, And Ours, Jay Tidmarsh Jan 2006

Pound's Century, And Ours, Jay Tidmarsh

Journal Articles

No abstract provided.


Aggregation On The Couch: The Strategic Uses Of Ambiguity And Hypocrisy, Stephen B. Burbank Jan 2006

Aggregation On The Couch: The Strategic Uses Of Ambiguity And Hypocrisy, Stephen B. Burbank

Faculty Scholarship at Penn Law

In this Essay, Professor Burbank comments on the essays by Professors Nagareda and Issacharoff. Welcoming the opportunity to revisit the interplay between procedure and substantive law and the question of democratic accountability that Professor Nagareda’s essay presents, Professor Burbank concludes that the parts of that essay are greater than the whole. He finds that Professor Nagareda’s pursuit of unifying themes and a general normative theory leads to inconsistencies in classification between procedure and substance and to an impoverished vision of institutional legitimacy. Professor Burbank voices concern that this quest, which is also evident in the current draft of ...


Responsibilities Of Judges And Advocates In Civil And Common Law: Some Lingering Misconceptions Concerning Civil Lawsuits, Geoffrey C. Hazard Jr., Angelo Dondi Jan 2006

Responsibilities Of Judges And Advocates In Civil And Common Law: Some Lingering Misconceptions Concerning Civil Lawsuits, Geoffrey C. Hazard Jr., Angelo Dondi

Faculty Scholarship at Penn Law

No abstract provided.


Summary Of Koller V. State, 122 Nev. Adv. Op. 20, Amy S. Scarborough Jan 2006

Summary Of Koller V. State, 122 Nev. Adv. Op. 20, Amy S. Scarborough

Nevada Supreme Court Summaries

Appeal from a writ of prohibition granted by the Third Judicial District Court, State of Nevada.


The Supervisory Power Of The Supreme Court, Amy Coney Barrett Jan 2006

The Supervisory Power Of The Supreme Court, Amy Coney Barrett

Journal Articles

Relying on something it calls supervisory power or supervisory authority, the Supreme Court regularly prescribes rules of procedure and evidence for inferior courts. Both scholars and the Court have treated the Court's exercises of this authority as unexceptional exercises of the inherent authority that Article III grants every federal court to regulate procedure in the course of adjudication. Article III's grant of inherent authority, however, is conventionally understood as permitting a federal court to regulate its own proceedings. When the Supreme Court exercises supervisory power, it regulates the proceedings of other federal courts. More than a reference to ...


The Right To Counsel On Appeal: Civil Douglas, 15 Temp. Pol. & Civ. Rts. L. Rev. 603 (2006), Steven D. Schwinn Jan 2006

The Right To Counsel On Appeal: Civil Douglas, 15 Temp. Pol. & Civ. Rts. L. Rev. 603 (2006), Steven D. Schwinn

Faculty Scholarship

No abstract provided.


Recognizing Odysseus' Scar: Reconceptualizing Pain And Its Empathic Role In Civil Adjudication, Jody L. Madeira Jan 2006

Recognizing Odysseus' Scar: Reconceptualizing Pain And Its Empathic Role In Civil Adjudication, Jody L. Madeira

Articles by Maurer Faculty

This Article proffers a consideration of how the expression of pain impacts the interpersonal dimensions of personal injury proceedings, contesting through philosophical logic and textual analyses of case law and legal practitioners' texts the conclusion of scholars such as Elaine Scarry and Robert Cover that pain unmakes both the word and the world. Seeing pain as something that can and must be communicated, albeit in a different form than pain embodied, makes pain a much more profound force, comports with our understanding of pain as a physical yet interpersonally meaningful sensation, and has many evidentiary ramifications. Taking as its premise ...


Deriving Support From International Law For The Right To Counsel In Civil Cases, Sarah Paoletti Jan 2006

Deriving Support From International Law For The Right To Counsel In Civil Cases, Sarah Paoletti

Faculty Scholarship at Penn Law

No abstract provided.


Learning From Wal-Mart, Melissa Hart Jan 2006

Learning From Wal-Mart, Melissa Hart

Articles

This article considers the landmark gender discrimination class action, Dukes v. Wal-Mart Stores, both as a prototype of an emerging litigation strategy and also as a case that is entirely unique. As part of a growing trend of gender discrimination class claims, Dukes has the potential to push the boundaries of the law to confront the pervasive, tenacious stereotypes that continue to limit women's workplace opportunities. The plaintiffs' arguments - both the narrative of discrimination their evidence set out and the legal strategies they chose - are strikingly similar to claims that have been made in many class action lawsuits over ...