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Full-Text Articles in Civil Procedure
Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders
Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders
William & Mary Bill of Rights Journal
In many states, legislatures have mandated juryless fact-finding in common law–based civil cases by imposing compensatory damage caps that effectively lessen the jury’s traditional and historic role as injury valuator. The primary purpose of most caps was to reign in “excessive” civil jury verdicts, which allegedly caused “skyrocketing” medical malpractice insurance premiums and litigation costs. But no legislatively imposed cap is triggered by a preliminary finding of excessiveness. Trial judges have no authority to determine whether application of a cap is just or fair to the (often) severely injured plaintiff. Despite a shared interpretive methodology with regards to the nature …
Specificity Or Dismissal: The Improper Extension Of Rule 9(B) To Negligent Misrepresentation As A Deprivation Of Plaintiffs’ Procedural Due Process Rights, Julie A. Cook
William & Mary Bill of Rights Journal
No abstract provided.
Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton
Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton
William & Mary Bill of Rights Journal
Traditional judicial mechanisms that preserve litigants' rights to due process and a jury trial challenge courts to provide litigants their day in court in an efficient and timely manner. This challenge is made exponentially harder where the litigation concerns tortious conduct affecting a large number of persons and giving rise to latent injury. In response to the recent increase in mass tort filings, courts have sought an alternative means of adjudication-the extrapolation of a statistically average, representative plaintiff to other plaintiffs. This Note examines the problems associated with mass tort actions and how two circuit courts of appeals have implemented …