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Integrated Pretrial Attack On A Pleading: A Critical Evaluation Of Michigan's New Summary Judgement Rule, Carl S. Hawkins, Brett R. Dick
Integrated Pretrial Attack On A Pleading: A Critical Evaluation Of Michigan's New Summary Judgement Rule, Carl S. Hawkins, Brett R. Dick
University of Michigan Journal of Law Reform
Modern procedural reforms reflect diminished confidence in the demurrer or "no cause" motion as a device to dispose of non-meritorious claims before trial. The Federal Rules of Civil Procedure, setting the pattern of reform for many states, abolished the demurrer. Although a preliminary attack upon the legal sufficiency of the complaint is still permitted by a motion to dismiss under Federal Rule 12 (b) (6), the challenged pleading may be amended as a matter of course, to minimize the risk that a good claim might be lost because it was poorly pleaded. The risk that sham amendments might then be …
A Proposed Cure For The Intervention Blues, Lawrence E. Hard
A Proposed Cure For The Intervention Blues, Lawrence E. Hard
University of Michigan Journal of Law Reform
This article does not purport to provide a study of the doctrine of subrogation and the merits of that doctrine in the context of insurance coverage. There are several difficult questions which could be raised as to the proper role of subrogation in insurance litigation. This article assumes the propriety of extending the right of subrogation to the type of medical and hospital payment plans offered by the Services and analyses the device of intervention as a method of enforcing the Services' right to contractual subrogation.