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Michigan Law Review

Federal Rules of Civil Procedure

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Full-Text Articles in Evidence

Making Rule 23 Ideal: Using A Multifactor Test To Evaluate The Admissibility Of Evidence At Class Certification, Cianan M. Lesley Oct 2019

Making Rule 23 Ideal: Using A Multifactor Test To Evaluate The Admissibility Of Evidence At Class Certification, Cianan M. Lesley

Michigan Law Review

Circuit courts are split on whether and to what extent the Daubert standard should apply at class certification. Potential plaintiffs believe that application of Daubert would make it nearly impossible to obtain class certification. For potential defendants, the application of the standard is an important way to ensure that the certification process is fair. This Note examines the incentives underlying the push to apply the Daubert standard at class certification and the benefits and drawbacks associated with that proposal. It proposes a solution that balances the concerns of both plaintiffs and defendants by focusing on three factors: the obstacles to ...


Third-Party Modification Of Protective Orders Under Rule 26©, Patrick S. Kim Dec 1995

Third-Party Modification Of Protective Orders Under Rule 26©, Patrick S. Kim

Michigan Law Review

This Note argues that similarly situated litigants always should be given access to protected discovered materials, while nonlitigants should gain access to protected materials only in exceptional circumstances. This approach effectively balances the privacy and property interests of the original parties and the intervening parties with the interests of adjudicative efficiency. Part I establishes that there is no general public right of access to civil discovery and that courts should disregard such purported rights when considering whether to modify a protective order. Part II identifies three interests that courts should weigh when considering whether to modify a protective order: the ...


Toward A Liberal Application Of The "Close Of All The Evidence" Requirement Of Rule 50(B) Of The Federal Rules Of Civil Procedure: Embracing Fairness Over Formalism, Rollin A. Ransom Mar 1993

Toward A Liberal Application Of The "Close Of All The Evidence" Requirement Of Rule 50(B) Of The Federal Rules Of Civil Procedure: Embracing Fairness Over Formalism, Rollin A. Ransom

Michigan Law Review

This Note examines the language and purposes of rule 50 to determine if and when a relaxed application of its requirements is appropriate. Part I considers the terms and goal of the rule and concludes that its purpose is to put the party opposing the motion for judgment as a matter of law on notice of the movant's assertion that the evidence is insufficient as a matter of law, and to provide the opposing party an opportunity to "cure." Part II discusses courts' varying application of the requirement that a motion for judgment as a matter of law made ...


Discovery Of Retained Nontestifying Experts' Identities Under The Federal Rules Of Civil Procedure, Michigan Law Review Jan 1982

Discovery Of Retained Nontestifying Experts' Identities Under The Federal Rules Of Civil Procedure, Michigan Law Review

Michigan Law Review

This Note proposes an approach to the problem of identification of rule 26(b)(4)(B) experts that differs from both of the approaches taken in the reported opinions. 9 Part I analyzes the language of rule 26(b) and rejects the majority approach. As a matter of statutory construction, rule 26(b )( 4)(B) governs the disclosure of the identity of nontestifying experts retained by a party in preparation for trial. Part II examines the underlying purposes of rules 26(b)(l) and 26(b)(4)(B) - to ensure adequate pretrial disclosure and to prevent unfairness in adversarial competition ...