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Civil Procedure Commons

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Full-Text Articles in Civil Procedure

Transnational Service Of Process And Discovery In Federal Court Proceedings: An Overview, Phillip A. Buhler Jan 2002

Transnational Service Of Process And Discovery In Federal Court Proceedings: An Overview, Phillip A. Buhler

Articles, Book Chapters, & Popular Press

The nature of the maritime business makes it inevitable that much litigation, usually taking place in federal court, involves issues of service of process for the summons and complaint on foreign entities, and that discovery involves efforts to depose witnesses overseas and to collect documents, materials, and information from foreign jurisdictions. This Article is not intended to be an exhaustive treatment of the subject of transnational service of process and discovery. Many articles, in fact whole books, have been written on various aspects of these issues. However, none seem to cover the entire subject. Voluminous case law addresses various aspects …


Hired Guns And Smoking Guns: Mccabe V British American Tobacco Australia Ltd, Camille Cameron Jan 2002

Hired Guns And Smoking Guns: Mccabe V British American Tobacco Australia Ltd, Camille Cameron

Articles, Book Chapters, & Popular Press

Significant ethical and procedural issues raised in the case of McCabe v British American Tobacco Australia Services Ltd - history of events leading to the Supreme Court of Victoria decision, particularly the implementation of the controversial 'Document Retention Policy' - procedural issues, including the role and purpose of discovery, nature of the striking out remedy and extent to which the adversarial system might be to blame for some of the conduct of the defence and its solicitors - ethical issues raised in the case - close links between American and Australian tobacco litigation and the influence of American tobacco lawyers …