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Full-Text Articles in Law

Apparently, There Are Places Like Home: A Path To Propriety For Consent-By-Registration Jurisdiction In The Third Circuit, Brett E. Broczowski Apr 2019

Apparently, There Are Places Like Home: A Path To Propriety For Consent-By-Registration Jurisdiction In The Third Circuit, Brett E. Broczowski

Villanova Law Review

No abstract provided.


The Fraudulent Joinder Prevention Act Of 2016: Moving The Law In The Wrong Direction, E. Farish Percy May 2017

The Fraudulent Joinder Prevention Act Of 2016: Moving The Law In The Wrong Direction, E. Farish Percy

Villanova Law Review

No abstract provided.


"Arising From" Villanova Law Review: Villanova Law Review's Analysis Of Personal Jurisdiction, Teressa E. Ravenell Oct 2016

"Arising From" Villanova Law Review: Villanova Law Review's Analysis Of Personal Jurisdiction, Teressa E. Ravenell

Villanova Law Review

No abstract provided.


Third Circuit Takes The Wind Out Of Frivolous Litigators' Sails In Fair Wind Sailing, Inc. V. Dempster, Travis Dunkelberger Jan 2016

Third Circuit Takes The Wind Out Of Frivolous Litigators' Sails In Fair Wind Sailing, Inc. V. Dempster, Travis Dunkelberger

Villanova Law Review

No abstract provided.


The Third Circuit Lays Another Trap For Unsuspecting Employers: Lupyan V. Corinthian Colleges Inc., Keely Jac Collins Mar 2015

The Third Circuit Lays Another Trap For Unsuspecting Employers: Lupyan V. Corinthian Colleges Inc., Keely Jac Collins

Villanova Law Review

No abstract provided.


"New Wine In An Old Bottle": The Advent Of Social Media Discovery In Pennsylvania Civil Litigation Matters, Daniel E. Cummins Jan 2015

"New Wine In An Old Bottle": The Advent Of Social Media Discovery In Pennsylvania Civil Litigation Matters, Daniel E. Cummins

Villanova Law Review

No abstract provided.


Class Is In Session: The Third Circuit Heightens Ascertainability With Rigor In Carrera V. Bayer Corp., Stephanie Haas Nov 2014

Class Is In Session: The Third Circuit Heightens Ascertainability With Rigor In Carrera V. Bayer Corp., Stephanie Haas

Villanova Law Review

No abstract provided.


Inherent Incompatibility Doctrine Circles The Drain In Knepper V. Rite Aid Corp.: "Hybrid" Wage & Hour Claims Float In Third Circuit, Chad Odhner Oct 2014

Inherent Incompatibility Doctrine Circles The Drain In Knepper V. Rite Aid Corp.: "Hybrid" Wage & Hour Claims Float In Third Circuit, Chad Odhner

Villanova Law Review

No abstract provided.


Who Owns A Class Action?, Richard A. Booth May 2014

Who Owns A Class Action?, Richard A. Booth

Villanova Law Review

This Essay considers the potential implications for securities class actions of Standard Fire Insurance Co. v. Knowles, which is presently before the Supreme Court. Although the ultimate question in Knowles is whether the plaintiff class may be gerrymandered so as to avoid removal to federal court, a closely related question may arise in securities fraud class actions (which are filed in federal court in the first place). In an action under SEC Rule 10b-5, the plaintiff typically seeks to recover for losses suffered as a result of buying a stock at a price inflated by management misrepresentations. In such a …


Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins Jan 2012

Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins

Villanova Law Review

A private transfer fee (PTF) is typically created when a developer or homeowner decides to attach a covenant to the title of the home. This covenant, the PTF covenant, attaches the PTF to the real property. These covenants require payment of a fee—typically stated as one percent of the property's sale price—upon each resale or transfer of the property and often survive for a period of ninety-nine years. The recipients or owners of the PTF (PTF beneficiaries) can be almost anyone, including property developers, PTF developers, home owner associations (HOA), private investors, state governments, and non-profit charities. Usually, the PTF …


The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly, And The Application Of Judicial Experience, Henry S. Noyes Jan 2012

The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly, And The Application Of Judicial Experience, Henry S. Noyes

Villanova Law Review

SINCE 1938, Rule 8(a) of the Federal Rules of Civil Procedure (Federal Rules or Rules) has set the standard for how much a plaintiff must allege at the outset of a lawsuit in order to avoid dismissal for failure to state a claim. Rule 8 requires that a plaintiff must include in the complaint "a short and plain statement of the claim showing that the pleader is entitled to relief." Federal courts developed a well-settled set of principles to apply when deciding whether to dismiss a claim. Among these principles are the following: (1) the plaintiffs factual allegations are accepted …


Catching The Waive: The Third Circuit Joins The Growing Trend Of Circuit Courts In Voiding A Class-Arbitration Waiver In Homa V. American Express Co., Steven D. Millman Jan 2010

Catching The Waive: The Third Circuit Joins The Growing Trend Of Circuit Courts In Voiding A Class-Arbitration Waiver In Homa V. American Express Co., Steven D. Millman

Villanova Law Review

No abstract provided.


Hydrogen Peroxide: The Third Circuit Comes Clean About The Rule 23 Class Action Certification Standard, Amy Dudash Jan 2010

Hydrogen Peroxide: The Third Circuit Comes Clean About The Rule 23 Class Action Certification Standard, Amy Dudash

Villanova Law Review

No abstract provided.


It's (Not) Bad, It's (Not) Bad, You Know It: The Growing Acceptance Of The Fake Bad Scale, Stephen R. Chuk Jan 2009

It's (Not) Bad, It's (Not) Bad, You Know It: The Growing Acceptance Of The Fake Bad Scale, Stephen R. Chuk

Villanova Law Review

No abstract provided.


Could Jesus Serve On A Jury - Not In The Third Circuit: Religion-Based Peremptory Challenges In United States V. Dejesus And Bronshtein V. Horn, Anthony D. Foti Jan 2006

Could Jesus Serve On A Jury - Not In The Third Circuit: Religion-Based Peremptory Challenges In United States V. Dejesus And Bronshtein V. Horn, Anthony D. Foti

Villanova Law Review

No abstract provided.


Brave New World: U.S. Responses To The Rise In International Crime - An Overview, John F. Murphy Jan 2005

Brave New World: U.S. Responses To The Rise In International Crime - An Overview, John F. Murphy

Villanova Law Review

No abstract provided.


How Can It Be Wrong When It Feels So Right - Appellate Review Of Remand Orders Under The Securities Litigation Uniform Standards Act, Thomas F. Lamprecht Jan 2005

How Can It Be Wrong When It Feels So Right - Appellate Review Of Remand Orders Under The Securities Litigation Uniform Standards Act, Thomas F. Lamprecht

Villanova Law Review

No abstract provided.


The Third Circuit Adopts The Relation-Back Doctrine To Prevent Defendants From Picking Off Representative Plaintiffs Of Putative Class Actions In Weiss V. Regal Collections, Dennis Lueck Jan 2005

The Third Circuit Adopts The Relation-Back Doctrine To Prevent Defendants From Picking Off Representative Plaintiffs Of Putative Class Actions In Weiss V. Regal Collections, Dennis Lueck

Villanova Law Review

No abstract provided.


Beyond Zippo's Sliding Scale - The Third Circuit Clarifies Internet-Based Personal Jurisdiction Analysis, David M. Fritch Jan 2004

Beyond Zippo's Sliding Scale - The Third Circuit Clarifies Internet-Based Personal Jurisdiction Analysis, David M. Fritch

Villanova Law Review

No abstract provided.


Zubulake V. Ubs Warburg: Evidence That The Federal Rules Of Civil Procedure Provide The Means For Determining Cost Allocation In Electronic Discovery Disputes, Bahar Shariati Jan 2004

Zubulake V. Ubs Warburg: Evidence That The Federal Rules Of Civil Procedure Provide The Means For Determining Cost Allocation In Electronic Discovery Disputes, Bahar Shariati

Villanova Law Review

No abstract provided.


E-Ffectuating Notice: Rio Properties V. Rio International Interlink, Aaron R. Chacker Jan 2003

E-Ffectuating Notice: Rio Properties V. Rio International Interlink, Aaron R. Chacker

Villanova Law Review

No abstract provided.


Revoking Our Privileges: Federal Law Enforcement's Multi-Front Assault On The Attorney-Client Privilege (And Why It Is Misguided), Lance Cole Jan 2003

Revoking Our Privileges: Federal Law Enforcement's Multi-Front Assault On The Attorney-Client Privilege (And Why It Is Misguided), Lance Cole

Villanova Law Review

No abstract provided.


Foreword, Edward R. Becker Jan 2002

Foreword, Edward R. Becker

Villanova Law Review

No abstract provided.


Appellate Mediation In The Third Circuit - Program Operations: Nuts, Bolts, And Practice Tips, Joseph A. Torregrossa Jan 2002

Appellate Mediation In The Third Circuit - Program Operations: Nuts, Bolts, And Practice Tips, Joseph A. Torregrossa

Villanova Law Review

No abstract provided.


Racial Profiling In Jury Selection: The Third Circuit Revisits The Batson Inquiry In Riley V. Taylor, Oluseyi Olubadewo Jan 2002

Racial Profiling In Jury Selection: The Third Circuit Revisits The Batson Inquiry In Riley V. Taylor, Oluseyi Olubadewo

Villanova Law Review

No abstract provided.


And The Winner Is - Interpreting The Lead Plaintiff And The Lead Counsel Provisions Of The Private Securities Litigation Reform Act Of 1995, Ashe P. Puri Jan 2002

And The Winner Is - Interpreting The Lead Plaintiff And The Lead Counsel Provisions Of The Private Securities Litigation Reform Act Of 1995, Ashe P. Puri

Villanova Law Review

No abstract provided.


Lessons From Abroad: Complexity And Convergence, Linda S. Mullenix Jan 2001

Lessons From Abroad: Complexity And Convergence, Linda S. Mullenix

Villanova Law Review

No abstract provided.


Procedural Uniformity And The Exaggerated Role Of Rules: A Survey Of Intra-State Uniformity In Three States That Have Not Adopted The Federal Rules Of Civil Procedure, Thomas O. Main Jan 2001

Procedural Uniformity And The Exaggerated Role Of Rules: A Survey Of Intra-State Uniformity In Three States That Have Not Adopted The Federal Rules Of Civil Procedure, Thomas O. Main

Villanova Law Review

No abstract provided.


Squeezing Cyberspace Into International Shoe: When Should Courts Exercise Personal Jurisdiction Over Noncommercial Online Speech, Katherine Neikirk Jan 2000

Squeezing Cyberspace Into International Shoe: When Should Courts Exercise Personal Jurisdiction Over Noncommercial Online Speech, Katherine Neikirk

Villanova Law Review

No abstract provided.


Avoiding The Trap Of Res Judicata: A Practitioner's Guide To Litigating Multiple Employment Discrimination Claims In The Third Circuit, Victoria L. Hooper Jan 2000

Avoiding The Trap Of Res Judicata: A Practitioner's Guide To Litigating Multiple Employment Discrimination Claims In The Third Circuit, Victoria L. Hooper

Villanova Law Review

No abstract provided.