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Full-Text Articles in Law
A Blatant Inequity: Contributions To The Common Benefit Fund In Multidistrict Litigation, Jack Downing
A Blatant Inequity: Contributions To The Common Benefit Fund In Multidistrict Litigation, Jack Downing
Missouri Law Review
This Note analyzes the nuances of this issue and offers resolutions to its fundamental problems. Part II includes an overview of the MDL litigation, the plaintiffs’ lead counsel selection process, and the function and nature of CBFs. This Part will also include the judicial justification for creating a CBF in federal MDLs. Part III examines current problems with CBFs. In particular, this Part will focus on plaintiffs’ attorneys’ ability to use work product obtained for the federal MDL in their concurrent state court cases without having to contribute any portion of their recovery in state court to the federal CBF. …
Cure For Collusive Settlements: The Case For A Per Se Prohibition On Pay-For-Delay Agreements In Pharmaceutical Patent Litigation, A , Michael Owens
Cure For Collusive Settlements: The Case For A Per Se Prohibition On Pay-For-Delay Agreements In Pharmaceutical Patent Litigation, A , Michael Owens
Missouri Law Review
This Comment will examine how the particulars of the Hatch-Waxman Act, the regulatory scheme that governs generic competition in pharmaceutical industry, gives rise to reverse settlements in infringement litigation; review existing analysis of the pay for delay problem in judicial decisions, in academic commentary, and amongst antitrust enforcement bodies; and finally, draw upon a decision theoretic framework to propose per se illegality as the appropriate antitrust rule for pay-for-delay settlements.
Chinese Assault Rifles, Giant Pandas, And Perpetual Litigation: The Rights Without Remedies Dead-End Of The Fsia, J. F. Hulston
Chinese Assault Rifles, Giant Pandas, And Perpetual Litigation: The Rights Without Remedies Dead-End Of The Fsia, J. F. Hulston
Missouri Law Review
This Note will examine whether execution immunity under the FSIA may be considered sua sponte by a district court judge and the broad judicial considerations in preserving the narrow and restrictive view of the FSIA to the attachment of assets of a foreign state. To do this, this Note will review the facts and holding of Walters. This Note will then survey the legal background of sovereign immunity, the adoption of the "restrictive immunity" principle in the U.S., and the creation of the FSIA and the decisions of three appellate courts to adopt the uniform holding that district courts have …
Shooting Suspect's Release Revives The Right To A Speedy Trial In Missouri, A, Clayton Thompson
Shooting Suspect's Release Revives The Right To A Speedy Trial In Missouri, A, Clayton Thompson
Missouri Law Review
This Note will examine the history of the Sixth Amendment's speedy trial clause, highlighting its development within the last twenty years. It will attempt to explain the rationale behind the court's decision to dismiss the indictment of a possibly violent criminal. It will take the position that in future cases where the government is to blame for an unusually slow prosecution, the outcome of this case must be repeated to maintain the integrity of the right to a speedy trial and our criminal justice system.
Split On Sanctioning Pro Se Litigants Under 28 U.S.C. 1927: Choose Wisely When Picking A Side, Eighth Circuit, The, Kelsey Whitt
Split On Sanctioning Pro Se Litigants Under 28 U.S.C. 1927: Choose Wisely When Picking A Side, Eighth Circuit, The, Kelsey Whitt
Missouri Law Review
In recent years, an increasing number of pro sel litigants have appeared in federal courts. Between October 2003 and September 2004, federal district courts had over 20,000 cases filed by pro se litigants. In fact, "pro se litigants appeared in thirty-seven percent of all cases.' The increase of pro se litigation is attributed to several factors, including the rising cost of litigation combined with the decrease of funding for legal services, the negative public perception of lawyers, and the rise of do-it-yourself legal resources. Once pro se litigants enter the federal court system, their presence multiplies the resources spent by …