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Full-Text Articles in Law
Voluntary Dismissals In Illinois, Robert G. Johnston, Lain D. Johnston
Voluntary Dismissals In Illinois, Robert G. Johnston, Lain D. Johnston
Northern Illinois University Law Review
This Article analyzes the practice of plaintiff's motions for voluntary dismissals in Illinois Courts, both state through Illinois Code of Civil Procedure Section 2-1009 and Federal through Federal Rule of Civil Procedure 41. Many commentators have said that there has been abuse of voluntary dismissals in Illinois state courts. Thus, because the Federal Rule gives the trial judge more discretion in denying voluntary dismissals, these commentators have argued for an adoption of a state rule (procedure) which is more similar to the Federal rule. This Article compares the practice and standard of the two provisions and concludes that no such …
Sanctioning Defendants' Non-Willful Delay:The Failure Of Rule 55 And A Proposal For Its Reform, Carl B. Schultz
Sanctioning Defendants' Non-Willful Delay:The Failure Of Rule 55 And A Proposal For Its Reform, Carl B. Schultz
University of Richmond Law Review
For as long as parties have pursued claims through litigation, those against whom claims are asserted have delayed the litigation process. Defendants, and other parties against whom claims are asserted, (hereinafter collectively referred to as defendants), fail to answer complaints against them in time; they delay in responding to discovery requests, motions and court orders, and they fail to appear for trials and other proceedings.
Protective Orders, Plaintiffs, Defendants And The Public Interest In Disclosure; Where Does The Balance Lie?, Alan B. Morrison
Protective Orders, Plaintiffs, Defendants And The Public Interest In Disclosure; Where Does The Balance Lie?, Alan B. Morrison
University of Richmond Law Review
It is a basic principle of the American system of jurisprudence that the courts of the United States are open. That includes not only the opportunity for the public to attend courtroom proceedings, but also the right to examine the documents that are filed in court. However, this principle of openness can sometimes come into conflict with other principles in our justice system. Everyone recognizes that there are some situations in which information should not be made public, at least not immediately. The problem is how to identify and limit those situations in which information is not made public so …
Public Law Litigation And The Federal Rules Of Civil Procedure, Carl W. Tobias
Public Law Litigation And The Federal Rules Of Civil Procedure, Carl W. Tobias
Law Faculty Publications
The public interest litigant is no longer a nascent phenomenon in American jurisprudence. Born of the need of large numbers of people who individually lack the economic wherewithal or the logistical capacity to vindicate important social values or their own specific interests through the courts, these litigants now participate actively in much federal civil litigation: public law litigation. Despite the pervasive presence of public interest litigants, the federal judiciary has accorded them a mixed reception, particularly when applying the Federal Rules of Civil Procedure. Many federal courts have applied numerous Rules in ways that disadvantage public interest litigants, especially in …