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Full-Text Articles in Litigation

Redeeming The Missed Opportunities Of Shady Grove, Stephen B. Burbank, Tobias Barrington Wolff Jan 2010

Redeeming The Missed Opportunities Of Shady Grove, Stephen B. Burbank, Tobias Barrington Wolff

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Shady Grove Orthopedic Associates v. Allstate Insurance Co., a closely watched case decided in the 2009–10 Term, presented the Court with an opportunity to speak to two related problems under the Rules Enabling Act that have languished for decades without proper resolution. The first involves a broad interpretive question: How can the limitations on rulemaking authority contained in the Act be applied in a manner that reflects the separation-of-powers concerns that animated them while also exhibiting respect for the state regulatory arrangements that govern much of our economic and social activity? The second problem involves the intersection of the …


Time And The Courts: What Deadlines And Their Treatment Tell Us About The Litigation System, Catherine T. Struve Jan 2010

Time And The Courts: What Deadlines And Their Treatment Tell Us About The Litigation System, Catherine T. Struve

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No abstract provided.


Disputing Limited Liability, Christina L. Boyd, David A. Hoffman Jan 2010

Disputing Limited Liability, Christina L. Boyd, David A. Hoffman

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This project presents six years of hand-collected federal district court data to analyze the first representative sample of veil piercing litigation. Our method identifies veil piercing complaints through Westlaw's trial pleadings database and codes each case through a detailed examination of PACER records. We test a variety of hypotheses to understand how such litigations are resolved. We find that plaintiffs succeed quite often in veil piercing litigation, if success is defined as winning on motions that do not terminate a case. A variety of legal and extra-legal factors predict such interstitial veil piercing successes. Voluntary creditor causes of action promote …


Foreword: Procedure As Palimpsest, Catherine T. Struve Jan 2010

Foreword: Procedure As Palimpsest, Catherine T. Struve

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No abstract provided.