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Articles 1 - 30 of 131
Full-Text Articles in Civil Procedure
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George
Villanova Environmental Law Journal
No abstract provided.
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams
Villanova Environmental Law Journal
No abstract provided.
Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier
Villanova Environmental Law Journal
No abstract provided.
Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor
Villanova Environmental Law Journal
No abstract provided.
Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim
Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim
Villanova Environmental Law Journal
No abstract provided.
Shut Up And Pitch: Major League Baseball's Power Struggle With Minor League Players In Senne V. Kansas City Royals Baseball Corp., Bernadette Berger
Shut Up And Pitch: Major League Baseball's Power Struggle With Minor League Players In Senne V. Kansas City Royals Baseball Corp., Bernadette Berger
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Apparently, There Are Places Like Home: A Path To Propriety For Consent-By-Registration Jurisdiction In The Third Circuit, Brett E. Broczowski
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
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
"Arising From" Villanova Law Review: Villanova Law Review's Analysis Of Personal Jurisdiction, Teressa E. Ravenell
Villanova Law Review
No abstract provided.
Shhh: Eighth Circuit Puts Conservationists Intervenor To Bed In Quiet Title Action In North Dakota Ex Rel. Stenehjem V. United States, Matthew K. Arnold
Shhh: Eighth Circuit Puts Conservationists Intervenor To Bed In Quiet Title Action In North Dakota Ex Rel. Stenehjem V. United States, Matthew K. Arnold
Villanova Environmental Law Journal
No abstract provided.
Casenote Update: The Supreme Court Restricts Plaintiff Options For Climate Change Litigation In American Electric Power Co. V. Connecticut, Matthew R. Weiss
Casenote Update: The Supreme Court Restricts Plaintiff Options For Climate Change Litigation In American Electric Power Co. V. Connecticut, Matthew R. Weiss
Villanova Environmental Law Journal
No abstract provided.
Third Circuit Takes The Wind Out Of Frivolous Litigators' Sails In Fair Wind Sailing, Inc. V. Dempster, Travis Dunkelberger
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
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
"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
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
Villanova Law Review
No abstract provided.
Who Owns A Class Action?, Richard A. Booth
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
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
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
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
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
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.
Interpreting The Clean Water Act's Citizen Suit Provision: Successor Landowner Liability For Inactive Mine Discharges In Sierra Club V. El Paso Gold Mines, Inc., Michael P. Zanan
Interpreting The Clean Water Act's Citizen Suit Provision: Successor Landowner Liability For Inactive Mine Discharges In Sierra Club V. El Paso Gold Mines, Inc., Michael P. Zanan
Villanova Environmental Law Journal
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
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.
Ailor V. City Of Maynardville, Tennessee: What Constitutes Compliance Under The Clean Water Act, Jennifer Stratis
Ailor V. City Of Maynardville, Tennessee: What Constitutes Compliance Under The Clean Water Act, Jennifer Stratis
Villanova Environmental Law Journal
No abstract provided.
Brave New World: U.S. Responses To The Rise In International Crime - An Overview, John F. Murphy
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
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
Villanova Law Review
No abstract provided.
Beyond Zippo's Sliding Scale - The Third Circuit Clarifies Internet-Based Personal Jurisdiction Analysis, David M. Fritch
Beyond Zippo's Sliding Scale - The Third Circuit Clarifies Internet-Based Personal Jurisdiction Analysis, David M. Fritch
Villanova Law Review
No abstract provided.
As Seen On Tv: The Normative Influence Of Syndi-Court On Contemporary Litigiousness, Kimberlianne Podlas
As Seen On Tv: The Normative Influence Of Syndi-Court On Contemporary Litigiousness, Kimberlianne Podlas
Jeffrey S. Moorad Sports Law Journal
No abstract provided.