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Suing In The Right Of The Corporation: A Commentary And Proposal For Legislative Reform, Lawrence A. Larose
Suing In The Right Of The Corporation: A Commentary And Proposal For Legislative Reform, Lawrence A. Larose
University of Michigan Journal of Law Reform
This Article is premised on the belief that the derivative action is uniquely susceptible to strike suit litigation-that is, actions with little or no substantive merit but pursued to exploit the nuisance value inherent in litigation. Although there is historic support for the notion of "pernicious and vexing" derivative litigation, some modern evidence suggests that the vast majority of publicly held companies experience no derivative litigation. Commentators, however, have questioned both the validity of the modern evidence and the conclusions derived from it. Despite these criticisms, observers of the present vitality of the derivative action, far from characterizing it as …
Proposals To Amend Rule 68- Time To Abandon Ship, Stephen B. Burbank
Proposals To Amend Rule 68- Time To Abandon Ship, Stephen B. Burbank
University of Michigan Journal of Law Reform
It is no surprise that, having included "facilitating the settlement of the case" as one of the objectives of pretrial conferences in the 1983 amendments to Rule 16 of the Federal Rules of Civil Procedure, the Advisory Committee has turned its attention to Rule 68. The Rule was intended to provide an incentive to settle by requiring that a prevailing claimant who has declined a more favorable offer of judgment pay post-offer "costs." But, in the Advisory Committee's view, Rule 68 has proved ineffective. The concern, apparently, is not that too few civil cases filed in federal court are settled-less …