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Federal Procedure - Jurisdiction - Appeal From Judgment On Some Of Several Multiple Claims Under Rule 54(B), Lawrence N. Ravick S.Ed.
Federal Procedure - Jurisdiction - Appeal From Judgment On Some Of Several Multiple Claims Under Rule 54(B), Lawrence N. Ravick S.Ed.
Michigan Law Review
Plaintiff filed a complaint in a federal district court alleging in six counts that defendant was engaged in unfair competition against business ventures carried on by the plaintiff. The defendant filed a motion to dismiss the complaint. The court ordered two counts to be stricken, found that there was no just reason for delaying the final determination of the issues raised by these counts, and directed that judgment be entered thereon against the plaintiff. The plaintiff appealed and the defendant moved to dismiss the appeal on the ground that the order and judgment appealed from was not a final or …
Suits Against Unincorporated Associations Under The Federal Rules Of Civil Procedure, John Kaplan
Suits Against Unincorporated Associations Under The Federal Rules Of Civil Procedure, John Kaplan
Michigan Law Review
Concepts, Benjamin Cardozo has said, "are useful, indeed indispensable, if kept within their place. We will press them quite a distance. . . . A time comes, however, when the concepts carry us too far, or farther than we are ready to go with them, and behold, some other concept, with capacity to serve our needs is waiting at the gate. 'It is a peculiar virtue of our system of law that the process of inclusion and exclusion, so often employed in developing a rule, is not allowed to end with its enunciation, and that an expression in an opinion …
Adequacy Of Instructions To The Jury: Ii, Curtis Wright Jr.
Adequacy Of Instructions To The Jury: Ii, Curtis Wright Jr.
Michigan Law Review
The six states in this group present some very special cases. They range from an original colony to Florida and Texas, which were admitted to statehood in 1845. National rank in population varies from sixth (Texas) to twenty-sixth (Mississippi) with the average almost within the top one-third. As to increase of population, the mean is close to the national figure of fifteen percent. That statement needs qualification, however, since Florida increased 46 percent and Texas 20 percent, whereas Mississippi had an actual loss of two percent. No docket delay of more than six months is found anywhere except in Texas, …
Adequacy Of Instructions To The Jury: I, Curtis Wright, Jr
Adequacy Of Instructions To The Jury: I, Curtis Wright, Jr
Michigan Law Review
In view of frequent judicial complaints about "instructions by the acre," it may be appropriate to begin with a short justification for an article bearing a title which might appear to suggest an antithetical problem, that is, the existence of a question as to the adequacy of instructions to the jury. To this end one might repeat the assertion that the verdict of a jury which is not instructed as to the fundamental law of the case is "crackerbarrel justice." If this is true, it certainly is also true that the mere number of instructions given is no guarantee of …
Federal Procedure - Realignment Of Parties In Non-Diversity Case, David D. Dowd, Jr S.Ed.
Federal Procedure - Realignment Of Parties In Non-Diversity Case, David D. Dowd, Jr S.Ed.
Michigan Law Review
Plaintiff (S1), a surety for the subcontractor, brought an action against the subcontractor and the prime contractor to compel them to set off their respective counterclaims in order to diminish the liability of S1. The subcontractor had another surety (S2) on a different obligation arising out of the same construction job, and the prime contractor, uncertain where liability should be placed, impleaded S2. On S1's motion to vacate the impleader order, held, denied, and the court on its own motion directed realignment of the parties, ruling that the main issue was division of …