Law Commons^™

The Environmental Class Action After Snyder And Zahn: Obtaining Federal Diversity Jurisdiction Over The Class Through Application Of Ancillary Jurisdiction., Jeffrey D. Lavenhar

St. Mary's Law Journal

Abstract Forthcoming.

Civil Procedure—Environmental Class Actions: Economic Ramifications Of The Rule 23 Nonaggregation Doctrine—Zahn V. International Paper Co., 414 U.S 291 (1973), James C. Carmody

Washington Law Review

This note will examine the impact of Zahn v. International Paper Co. within the context of environmental litigation. It will briefly trace the history of the nonaggregation doctrine relied upon and reaffirmed by the Zahn majority, and describe the limitations imposed upon would-be federal plaintiffs by that doctrine. The note then will examine various alternative modes of adjudication, including the ancillary jurisdiction alternative suggested by dissenting Justice Brennan, which would have been preferable to the position adopted by the majority. Finally, and most importantly, the note will take a hard look at the deleterious economic effects of Zahn upon environmental …

Class Actions And The Amount In Controversy, Mary C. Tolton

North Carolina Central Law Review

No abstract provided.

Gonzales V. Automatic Employees Credit Union, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Weinberger V. Wiesenfeld, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Albemarle Paper Co. V. Moody, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United Housing Foundation V. Forman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Privileged Communications: A Proposal For Reform, Leslie Katz

Dalhousie Law Journal

The privileged communications rules may prevent a party to litigation from bringing into evidence matters he wishes to bring. His inability to do so may lead to a result less favourable to him than that which he would have obtained had a claim of privilege not barred his way. This different result may not only put him in a worse position than he would otherwise have been in, but may have harmful consequences for others as well, consequences which may be too subtle even to detect at the time the privilege is exercised. How likely is it that the privileged …

Constitutional Law—Trial By Jury Guaranty Of Seventh Amendment: Local Court Rule May Establish Number Of Jurors At Six In Federal Civil Cases—Colgrove V. Battin, 413 U.S. 149 (1973), Mark S. Davidson

Washington Law Review

In the late 1960s, dockets in federal courts were becoming increasingly crowded, the backlog of criminal cases having more than doubled in the decade 1958-68. One suggestion for relieving pressure on the dockets was reduction of jury size in civil jury trials from 12 to some lesser number. In the absence of a constitutional amendment, however, the seventh amendment appeared to bar such a reduction in jury size. Nevertheless, within the span of a few years the Supreme Court was to announce a series of decisions which eliminated the constitutional significance of the number 12 and permitted the adoption of …

Should Trees Have Standing? Toward Legal Rights For Natural Objects, Tom R. Moore

Florida State University Law Review

By Christopher D. Stone. Los Altos, California: William Kaufman, Inc. 1974. Pp. xvii, 102. $6.95.

Reflections On The Senate Investigation Of Army Surveillance, Lawrence M. Baskir

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

Federal Rules Of Civil Procedure--Use Of Rule 23 Restricted, Charles J. Kaiser Jr.

West Virginia Law Review

No abstract provided.

The Omnibus Proceeding: Clarification Of Discovery In The Federal Courts And Other Benefits., J. Michael Myers

St. Mary's Law Journal

Abstract Forthcoming.

Eisen V. Carlisle & Jacquelin, 479 F.2d 1005 (2d Cir. 1973), [Vacated, 417 U.S. 156 (1974)], Florida State University Law Review

Florida State University Law Review

Class Actions-FEDERAL RULES OF CIVIL PROCEDURE- RULE 23(b)(3) CLASS ACTION REQUIRES PERSONAL NOTICE TO ALL IDENTIFIABLE MEMBERS OF THE CLASS.

Class Actions In The Federal System And In California: Shattering The Impossible Dream, Edward S. Labowitz

Buffalo Law Review

No abstract provided.

Recent Cases, Author Unidentified

Vanderbilt Law Review

Civil Procedure--Service of Process--California Long-Arm Statutes Abrogate State's Immunity Doctrine

Seeking recovery of money owed him by defendant European corporations;' plaintiff brought suit in a California state court.While attending federal district court in Florida for the sole purpose of giving a deposition in a trademark infringement suit instituted by one of the corporations, defendants' representative was personally served with process in the California action on behalf of himself and the defendant corporations. Defendants moved to quash service of process on the ground that the immunity rule prohibited service of civil process upon a witness in attendance in a court outside …

Searching For The Origin Of Class Action, Raymond B. Marcin

Scholarly Articles

Class actions today are largely the creatures of statute and rule. Extant statutes and rules can be divided by content into three types: (1) those which are patterned on the class action rule in the 1849 amendments to the New York Field Code, (2) those which follow the 1938 version of the federal class action rule, and (3) those which have adopted the 1966 revision of the federal class action rule. All trace their origins, however, to the unwritten practices of English Chancery at a time before the adoption of our own judicial system.

Federal Civil Procedure - Constitutional Law - Federal Class Action Rule Held To Require Notice By Plaintiff At His Own Expense To Potential Members Of The Class - Eisen V. Carlisle & (And) Jacquelin, Beverley Janis Klein

Loyola University Chicago Law Journal

No abstract provided.

Jurisdiction: Federal Court, Federal Question; Taxation: State; Tribal Courts: Judicial Immunity; Indian Civil Rights Act: Federal Jurisdiction; Rights Of Way: Railroads; Jurisdiction, Federal Courts: Exhaustion Of Tribal Remedies; Equal Protection: Illegitimates; Civil Procedure: Full Faith And Credit

American Indian Law Review

No abstract provided.

Rule-Making Authority And Separation Of Powers In Connecticut, The, Richard Kay

Faculty Articles and Papers

No abstract provided.

Federal Civil Procedure- Class Actions- Multiple Plaintiffs With Separate And Distinct Claims Must Each Satisfy The Jurisdictional Amount

University of Richmond Law Review

The genesis of the modern class action, the bill of peace, was developed by the Court of Chancery to facilitate the adjudication of disputes involving common questions and multiple parties in a single suit. In the United States, before 1938, class actions were available in the federal court for equitable relief when the action involved members of a class so large that it was impractical to join them. However, the 1938 adoption of original Rule 23 made the class action available for legal as well as equitable relief.

Private Suits In The Public Interest In The United States Of America, Adolf Homburger

Buffalo Law Review

An abbreviated version of this paper was presented by the author at a meeting of the Society of Comparative Law in Hamburg, Germany, on September 21, 1973. The full text, printed here, appears also in the "Arbeiten zur Rechtsvergleichung", published by the Society in Germany. While the paper was prepared for a foreign audience, its unitary approach to the full range of private litigation in the public interest—class actions, shareholders' derivative suits and public interest actions—will be of considerable interest to American readers. The Buffalo Law Review gratefully acknowledges the cooperation of the Society of Comparative Law in arranging publication …

Federal Civil Procedure- Work Product Doctrine

University of Richmond Law Review

The work product doctrine protects from pretrial discovery witness statements and other documents gathered by an adversary's counsel in the course of preparation for possible litigation. The purpose of the work product doctrine is to preserve the privacy and independence of lawyers by denying unwarranted intrusions into their private files and mental processes. Prior to the 1970 amendments to the Federal Rules of Civil Procedure, courts applied two distinct tests when considering whether to allow pretrial discovery of documents and witness statements. One test required the party seeking discovery to show good cause why discovery should be allowed. The alternative …

Constitutional Law - Standing - The Zone Of Interest Test Of Data Processing Held Inapplicable To Plaintiff's Standing In A Suit Between Private Parties, Michael S. Burg

Villanova Law Review

No abstract provided.

Instructing The Deadlocked Jury: Some Practical Considerations, 8 J. Marshall J. Prac. & Proc. 169 (1974), Thomas H. Senneff

UIC Law Review

No abstract provided.

The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend, J. Patrick Browne

Cleveland State Law Review

When a liability insurer defends claims brought against its insured, its interests frequently come in conflict with those of the insured. Over the years, courts and litigants have attempted to alleviate or eliminate this problem by several methods: providing the insured with independent counsel to represent his interests; a declaratory judgment action to test the insurer's duty to defend; direct actions by the injured claimant against the insurance company; and through the imposition on the insurer of an absolute duty to defend with a reserved right to test coverage at a later date. The second of these four methods the …

Federal Jursidiction And Procedure, Various Editors

Villanova Law Review

No abstract provided.

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 …

Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel

Faculty Publications By Year

No abstract provided.

De Minimis Curat Lex, Brian G. Driscoll

Fordham Urban Law Journal

There is a great deal of civil litigation in Urban areas and courts are unable to deal efficiently and justly with the cases that are brought before them. Additionally, there are many cases concerning a small amount of money and disputes in which citizens are in lower and middle economic classes that are never brought before the courts. The nature of the judicial system discourages these small claims but even these relatively small claims may be significant in relation to the income of some of these potential litigants. Handling this problem needs to be done through the small claims court. …