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Full-Text Articles in Civil Law
Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood
Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood
Michigan Law Review
In a civil action for treble damages under section 4 of the Clayton Act, the plaintiff sought to allege as prima facie evidence of a Sherman Act violation a criminal conviction entered on a plea of guilty by the defendant in an earlier prosecution by the government. The trial court sustained a motion by the defendant to strike from plaintiff's complaint any reference to the criminal prosecution. On appeal, held, reversed, one judge dissenting. A judgment entered on a plea of guilty is not a consent judgment within the meaning of the proviso to section 5(a) of the Clayton …
Antitrust Administration And Enforcement, John T. Chadwell
Antitrust Administration And Enforcement, John T. Chadwell
Michigan Law Review
The importance of the nation's antitrust policy requires that administration and enforcement powers and techniques be equal to the huge task of effectively safeguarding competition. The recommendations of the Attorney General's Committee represent a statesmanlike effort to balance the need for effective enforcement with the need for the preservation of fairness and the conservation of time and resources in antitrust litigation. Some of the recommendations will undoubtedly engender heated controversy; others seem relatively uncontroversial.
Many individual topics are dealt with in the Report of the committee and space does not permit comment upon all of them. The following discussion is …
Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.
Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.
Michigan Law Review
Two recent decisions of the United States Supreme Court have resolved this problem. In the first case, plaintiff employee sued defendant employer for damages under the FELA. Taking advantage of the broad choice of venue given him, plaintiff sued in the Chicago district court which was some 400 miles from Irvine, Kentucky, the place of injury and residence of all the witnesses. Defendant moved for transfer to a Kentucky district court, ''For the convenience of parties and witnesses, in the interest of justice. . . . " The motion was granted and plaintiff sought a writ of mandamus in the …