Law Commons^™

Trial Practice And Procedure, Kate S. Cook, Brandon L. Peak, John C. Morrison Iii, Tedra C. Hobson, Mary K. Weeks, Jeb Butler

Mercer Law Review

This Article addresses several significant cases and legislation of interest to the Georgia civil trial practitioner occurring during the survey period of this publication.

Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr

Mercer Law Review

The United States Supreme Court's landmark recalibration of class certification requirements in Wal-Mart Stores, Inc. v. Dukes, together with its broad approbation of class action waivers in arbitration agreements in AT&T Mobility LLC v. Concepcion, establishes 2011 as a watershed year in class action practice. During the year, the United States Court of Appeals for the Eleventh Circuit only began to deal with the ramifications of Dukes but addressed Concepcion's impact directly.

Appellate Practice And Procedure, Robert G. Boliek Jr.

Mercer Law Review

In 2011 the United States Court of Appeals for the Eleventh Circuit decided a number of cases of first impression for the circuit that are of interest to the appellate practitioner. These cases include the following: (1) an appeal addressing whether a severance under Federal Rule of Civil Procedure 21 is an appealable collateral order; (2) an appeal addressing whether Budinich v. Becton Dickinson & Co. applies in bankruptcy cases; (3) a number of appeals addressing the preservation and presentation of error; and (4) two appeals addressing standards of review.

One of the more interesting cases, however, is not …

Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent, Amanda E. Wilson

Mercer Law Review

The 2011 survey period yielded several noteworthy decisions relating to federal trial practice and procedure in the United States Court of Appeals for the Eleventh Circuit, some of which addressed issues of first impression. This Article analyzes recent developments in the Eleventh Circuit, including significant rulings regarding arbitration, removal, subject matter jurisdiction, and civil procedure.