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Revisiting Eisenberg And Plaintiff Success: State Court Civil Trial And Appellate Outcomes, Michael Heise, Martin T. Wells
Revisiting Eisenberg And Plaintiff Success: State Court Civil Trial And Appellate Outcomes, Michael Heise, Martin T. Wells
Cornell Law Faculty Publications
Despite what Priest-Klein theory predicts, in earlier research on federal civil cases, Eisenberg found an association between plaintiff success in pretrial motions and at trial. Our extension of Eisenberg’s analysis 20 years later into the state court context, however, does not uncover any statistically significant association between a plaintiff’s success at trial and preserving that trial victory on appeal. Our results imply that a plaintiff’s decision to pursue litigation to a trial court conclusion is analytically distinct from the plaintiff’s decision to defend an appeal of its trial court win brought by a disgruntled defendant. We consider various factors that …
The 2015 Changes To The Federal Rules Matter For Your Patent Case And Tech Business: Getting In The Courthouse Door Just Got Tougher, Matthew D'Amore
The 2015 Changes To The Federal Rules Matter For Your Patent Case And Tech Business: Getting In The Courthouse Door Just Got Tougher, Matthew D'Amore
Cornell Law Faculty Publications
No abstract provided.
Civil Procedure's Five Big Ideas, Kevin M. Clermont
Civil Procedure's Five Big Ideas, Kevin M. Clermont
Cornell Law Faculty Publications
Civil procedure, more than any other of the basic law-school courses, conveys to students an understanding of the whole legal system. I propose that this purpose should become, more openly, the organizing theme of the course. The focus should remain, of course, on the mechanics of the judicial branch. What I champion is giving some conscious attention, albeit mainly in the background and at an introductory level, to the big ideas of the constitutional structure within which the law formulates civil procedure. Such attention would unify the doctrinal study, while enriching it for the students and revealing its true importance.