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Articles 1 - 30 of 66
Full-Text Articles in Civil Procedure
Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni
Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni
Nevada Supreme Court Summaries
Motion to support a stay pending an appeal by security other than a supersedeas bond.
A Formstone Of Our Federalism: The Erie/Hanna Doctrine & Casebook Law Reform, Robert J. Condlin
A Formstone Of Our Federalism: The Erie/Hanna Doctrine & Casebook Law Reform, Robert J. Condlin
Faculty Scholarship
The one I feel sorry for is John Ely. More than thirty years ago, in his classic article The Irrepressible Myth of Erie, he explained painstakingly, if not clearly, how thinking of the Erie/Hanna doctrine as a constitutional cornerstone of our federalism was just a mistake. Such a view, he pointed out, makes a major mystery out of what are really three distinct and rather ordinary problems of statutory and constitutional interpretation. He described the analytical and practical costs of the mistake, showed how the analysis ought to go, explained why academics and judges had failed to get it …
Civil Practice And Procedure, John R. Walk, Michael R. Spitzer Ii
Civil Practice And Procedure, John R. Walk, Michael R. Spitzer Ii
University of Richmond Law Review
This article will summarize recent developments of interest to practitioners handling civil cases in the courts of the Commonwealth of Virginia. Specifically included are relevant decisions of the Supreme Court of Virginia dating from opinions announced on June 10, 2004 to those announced on April 22, 2005; changes to the Rules of the Supreme Court of Virginia announced during the same time period; and legislation enacted by the Virginia General Assembly at its 2005 Session, effective July 1, 2005.
The Dubious Origins And Dangers Of Clawback And Quick-Peek Agreements: An Argument Against Their Codification In The Federal Rules Of Civil Procedure, Laura Catherine Daniel
The Dubious Origins And Dangers Of Clawback And Quick-Peek Agreements: An Argument Against Their Codification In The Federal Rules Of Civil Procedure, Laura Catherine Daniel
William & Mary Law Review
No abstract provided.
Uncertainty And Informed Choice: Unmasking Daubert, Margaret A. Berger, Aaron D. Twerski
Uncertainty And Informed Choice: Unmasking Daubert, Margaret A. Berger, Aaron D. Twerski
Michigan Law Review
This Article will first examine why it is that plaintiffs have been unable to prove causation under the Daubert guidelines in toxic tort litigation. Second, it will look at the two existing models for informed choice litigation medical malpractice and products liability-and demonstrate why neither of these models gives toxic tort plaintiffs a fair opportunity to recover for the deprivation of patient autonomy against drug manufacturers who have breached their duty to warn of known or knowable risks. Finally, this Article will explore the elements of a causation-free informed choice cause of action. It will suggest the appropriate standard for …
Overlooked In The Tort Reform Debate: The Growth Of Erroneous Removal, Theodore Eisenberg, Trevor W. Morrison
Overlooked In The Tort Reform Debate: The Growth Of Erroneous Removal, Theodore Eisenberg, Trevor W. Morrison
Cornell Law Faculty Publications
Disputes over forum often center on whether a case should proceed in state or federal court. Removal to federal court can trigger a costly forum struggle. When a state case is removed to federal court only to be sent back to state court, the time and resources incurred in the detour are a toll on the judicial system and waste parties’ resources. We find erroneous removal to be an increasing problem. From 1993 to 2002, a period when state tort filings noticeably decreased, the number of removed diversity tort cases increased by about 10 percent to about 8,900 per year. …
Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy
Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy
Nevada Supreme Court Summaries
A mentally handicapped female working for Safeway Stores, Inc. was sexually assaulted at work by an employee of a company that provided janitorial services for Safeway. The assaults occurred in a storage room and in the parking lot while she was gathering shopping carts. She filed a complaint against Safeway and the janitorial company, Action Cleaning, alleging five causes of action as a result of the sexual assault. The district court granted summary judgment in favor of Safeway, determining that Safeway was immune from suit because of coverage provided by the Nevada Industrial Insurance Act (the “NIIA”). The district court …
Reforming The Federal Sentencing Guidelines Misguided Approach To Real-Offense Sentencing, David Yellen
Reforming The Federal Sentencing Guidelines Misguided Approach To Real-Offense Sentencing, David Yellen
Articles
No abstract provided.
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Summary Of Whealon V. Sterling, 121 Nev. Adv. Op. 66, Jarrod Rickard
Summary Of Whealon V. Sterling, 121 Nev. Adv. Op. 66, Jarrod Rickard
Nevada Supreme Court Summaries
Appellant agent sought review of a summary judgment from the Eighth Judicial District Court, which ruled in favor of respondent entertainer in a contract dispute.
Petition For A Writ Of Certiorari, Scott V. Johanns, No. 05-356 (U.S. Sept. 15, 2005), Scott L. Nelson, David C. Vladeck
Petition For A Writ Of Certiorari, Scott V. Johanns, No. 05-356 (U.S. Sept. 15, 2005), Scott L. Nelson, David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
Summary Of Szydel V. Markman, 121 Nev. Adv. Op. 47, Hagar Labouz
Summary Of Szydel V. Markman, 121 Nev. Adv. Op. 47, Hagar Labouz
Nevada Supreme Court Summaries
Appellant Szydel brought a medical malpractice claim against Dr. Markman after he left a surgical needle inside her breast following a surgical procedure. Szydel and her husband filed a malpractice claim in district court and Dr. Markman moved to dismiss because the complaint was not accompanied by a medical expert’s affidavit, as required by statute. Szydel claimed that her action was filed under Nevada’s res ipsa loquitur statute and thus did not require a medical expert’s affidavit.
Summary Of Kahn V. Morse & Mowbray, 121 Nev. Adv. Op. 48, Hagar Labouz
Summary Of Kahn V. Morse & Mowbray, 121 Nev. Adv. Op. 48, Hagar Labouz
Nevada Supreme Court Summaries
This action arises out of a business agreement between the Kahns and their son, Eric. The Kahns violated the agreement with Eric by selling their business to their other son, Frank. The Kahns hired Byrd and his firm, Morse & Mowbray, to represent them. Shortly thereafter the parties reached a settlement, and the Kahns reneged on the settlement. Eric filed an action against the Kahns for specific enforcement of the settlement and Byrd and his firm declined to contest Eric’s contentions regarding the settlement. The district court held a hearing for specific enforcement of the settlement and found that all …
7th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2005, Department Of Attorney General, State Of Rhode Island
7th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2005, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Jurisdiction And Merits, Howard M. Wasserman
Jurisdiction And Merits, Howard M. Wasserman
Washington Law Review
Federal courts frequently err by treating factual elements of substantive federal causes of action as going to the jurisdiction of the federal court. This arises most frequently as to elements in three federal causes of action: the quantum-of-employees element in employment discrimination claims, the "affecting commerce" element under the Sherman Act, and the state action requirement in constitutional actions. Courts treat the failure of one of these elements as a basis for dismissing an action for lack of subject-matter jurisdiction, rather than for failure to state a claim on the merits. The error in this characterization affects the time and …
Summary Of Lee V. Ball, 121 Nev. Adv. Op. 38, Jared R. Gibb
Summary Of Lee V. Ball, 121 Nev. Adv. Op. 38, Jared R. Gibb
Nevada Supreme Court Summaries
This case involved an appeal from a district court judgment in a personal injury case, entered pursuant to a jury verdict which initially awarded the plaintiff $1,300 in damages. The plaintiff subsequently requested a new trial or, in the alternative, additur. The district court awarded the plaintiff an additur of $8,200 and prejudgment interest, without offering the defendant a new trial on damages.
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Mercer Law Review
The 2004 survey period yielded several noteworthy decisions relating to federal trial practice and procedure, many of which concerned issues of first impression in the Eleventh Circuit Court of Appeals. This Article analyzes several recent developments in the Eleventh Circuit, including significant rulings in the areas of evidence, civil procedure, statutory interpretation, jurisdiction, as well as other issues of interest to the trial practitioner.
Appellate Practice And Procedure, K. Todd Butler
Appellate Practice And Procedure, K. Todd Butler
Mercer Law Review
This Article reviews federal appellate procedure developments in the Eleventh Circuit during the 2004 calendar yea. As is the case each year, perhaps the most important procedural matter the Eleventh Circuit Court of Appeals considered was its own federal subject matter jurisdiction and that of the district courts in the Eleventh Circuit. If a matter is within the subject matter jurisdiction of the federal courts, or the federal appellate jurisdiction of the Eleventh Circuit, then the final order rule, along with the exceptions to the final order rule, dominate the consideration of whether a decision is subject to review. The …
Summary Of Matter Of Harrison Living Trust, 121 Nev. Adv. Op. 26, Jarrod Rickard
Summary Of Matter Of Harrison Living Trust, 121 Nev. Adv. Op. 26, Jarrod Rickard
Nevada Supreme Court Summaries
An appeal challenging a district court decision denying the petition of a trust beneficiary asking for an order surcharging the trustee for breach of fiduciary duty in distributing assets according to court order that the trustee knew was void.
Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew
Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew
Washington and Lee Law Review
No abstract provided.
Toward A New Federalism In State Civil Justice: Developing A Uniform Code Of State Civil Procedure Through A Collaborative Rule-Making Process, Glenn S. Koppel
Toward A New Federalism In State Civil Justice: Developing A Uniform Code Of State Civil Procedure Through A Collaborative Rule-Making Process, Glenn S. Koppel
Vanderbilt Law Review
There is a sense of "deja vu" to the vision of a uniform body of state procedural law applicable in every state court throughout the nation. "Swift v. Tysons'" dream of a nationally uniform body of state substantive common law that mirrored an evolving body of uniform federal common law never materialized because state courts refused to defer to federal common law, which was applied only in federal court. Swift itself was overturned in 1938 by the Supreme Court's ruling in "Erie Railroad v. Tompkins" that federal courts must defer to the substantive lawmaking authority of state courts. But almost …
When Does A Party Prevail?: A Proposed "Third-Circuit-Plus" Test For Judicial Imprimatur, Matthew B. Tenney
When Does A Party Prevail?: A Proposed "Third-Circuit-Plus" Test For Judicial Imprimatur, Matthew B. Tenney
BYU Law Review
No abstract provided.
Summary Of Aviation Ventures, Inc. V. Joan Morris, Inc., 121 Nev. Adv. Op. 13, 110 P.3d 59, Bryce Loveland
Summary Of Aviation Ventures, Inc. V. Joan Morris, Inc., 121 Nev. Adv. Op. 13, 110 P.3d 59, Bryce Loveland
Nevada Supreme Court Summaries
No abstract provided.
Florida's Request For Admission Rule: 150 Years On The Road To Inconsistency, Ineffectiveness And Appellate Nullification, Mitchell J. Frank
Florida's Request For Admission Rule: 150 Years On The Road To Inconsistency, Ineffectiveness And Appellate Nullification, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Archibald Cox And The Genius Of Our Institutions In Memoriam - Celebration Of The Life Of Archibald, Larry Yackle
Archibald Cox And The Genius Of Our Institutions In Memoriam - Celebration Of The Life Of Archibald, Larry Yackle
Faculty Scholarship
I am confident that historians will write that the trend of decisions during the 1950's and 1960's was in keeping with the mainstream ofAmerican history - a bit progressive but also moderate, a bit humane but not sentimental, a bit idealistic but seldom doctrinaire, and in the long run essentially pragmatic - in short, in keeping with the true genius of our institutions. 1 In the dedication of his classic work Democracy and Distrust2 to Chief Justice Earl Warren, the late John Hart Ely wrote "You don't need many heroes if you choose carefully." 3 For several generations of lawyers …
Irregulars: The Appellate Rights Of Persons Who Are Not Full-Fledged Parties, Joan E. Steinman
Irregulars: The Appellate Rights Of Persons Who Are Not Full-Fledged Parties, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns
Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns
BYU Law Review
No abstract provided.
"To Sue Or Not To Sue": The Past, Present And Future Of Construction Defect Litigation In Nevada, Robert J. Aalberts
"To Sue Or Not To Sue": The Past, Present And Future Of Construction Defect Litigation In Nevada, Robert J. Aalberts
Nevada Law Journal
No abstract provided.
There Is Always A Need: The "Necessity Doctrine" And Class Certification Against Government Agencies, Daniel Tenny
There Is Always A Need: The "Necessity Doctrine" And Class Certification Against Government Agencies, Daniel Tenny
Michigan Law Review
On its face, Rule 23(b)(2) of the Federal Rules of Civil Procedure seems tailor-made for lawsuits against government. Rule 23(b)(2) allows a class action when "the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole." This situation arises frequently in people's dealings with government agencies: recipients of public benefits and consumers using public utilities, for example, constitute large groups of people all subject to identical government policies who might seek injunctive relief. Litigants attempting …