Open Access. Powered by Scholars. Published by Universities.®

Civil Procedure Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Civil Procedure

Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander Sep 2020

Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander

BYU Law Review

No abstract provided.


The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix Sep 2020

The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix

BYU Law Review

In enacting the Class Action Fairness Act of 2005 (CAFA), Congress intended to expand access to the federal courts for interstate class actions by creating minimal diversity and removal jurisdiction. In Section 2 of the Act, “Findings and Purposes,” Congress stated that class action abuses undermined “the concept of diversity jurisdiction as intended by the Framers of the United States Constitution” in that state courts kept cases of national importance out of federal court and sometimes demonstrated bias against out-of-state defendants. Congress stated that a purpose of CAFA was to “restore the intent of the framers of the United States …


Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel Mar 2003

Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel

BYU Law Review

No abstract provided.


Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett Sep 1992

Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett

Brigham Young University Journal of Public Law

No abstract provided.


The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings Mar 1991

The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings

Brigham Young University Journal of Public Law

No abstract provided.


Konizeski And The Warner Amendment: Back To Ground Zero For Atomic Litigants, A Constandina Titus, Michael W. Bowers False May 1988

Konizeski And The Warner Amendment: Back To Ground Zero For Atomic Litigants, A Constandina Titus, Michael W. Bowers False

BYU Law Review

No abstract provided.


Utah Allows Contribution Against Cotortfeasor Despite Immunity From Direct Suit: Bishop V. Nielsen, David H. Little May 1982

Utah Allows Contribution Against Cotortfeasor Despite Immunity From Direct Suit: Bishop V. Nielsen, David H. Little

BYU Law Review

No abstract provided.