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Articles 1 - 7 of 7
Full-Text Articles in Litigation
Mass Toxic Tort Litigation And Class Action Rule Reform In The United States, Jason L. Betts
Mass Toxic Tort Litigation And Class Action Rule Reform In The United States, Jason L. Betts
ExpressO
The paper advances the proposition that mass toxic tort litigation has been the predominant driver of class action rule reform in the Unites States. Through three distinct phases of proposals to reform Rule 23 of the Federal Rules of Civil Procedure, the judicial and academic attitude to the certification of mass toxic torts has influenced the reform debate in radically different ways – initially by providing the catalyst for efforts to reform Rule 23; then as a dampener against significant reforms to Rule 23 in the wake of mass toxic tort “settlement-only” classes; and ultimately as an explanation for the …
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Standing To Sue In Citizen Suits Against Air And Water Polluters Under Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Steven A.G. Davison
Standing To Sue In Citizen Suits Against Air And Water Polluters Under Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy
Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy
Sustainable Development Law & Policy
No abstract provided.
Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy
Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy
Sustainable Development Law & Policy
No abstract provided.
The Catalyst Calamity: Post-Buckhannon Fee-Shifting In Environmental Litigation And A Proposal For Congressional Action, Lucia A. Silecchia
The Catalyst Calamity: Post-Buckhannon Fee-Shifting In Environmental Litigation And A Proposal For Congressional Action, Lucia A. Silecchia
Scholarly Articles
Acknowledging the importance of citizen suits in giving teeth to environmental laws, and recognizing the often prohibitive costs of such litigation, Congress often included fee-shifting provisions in most environmental citizen suit statutes. It is well established that plaintiffs who win a judicial ruling in their favor qualify for the benefits of such fee-shifting. What is less clear is whether those parties whose successes come outside the courtroom - as is often true in the environmental context - can also recover fees. In the past, the so-called “catalyst theory” answered this question affirmatively. However, in 2001, the catalyst theory was dealt …
Is Citizen Suit Notice Jurisdictional And Why Does It Matter?, Karl S. Coplan
Is Citizen Suit Notice Jurisdictional And Why Does It Matter?, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
The question of whether notice is jurisdictional or not has important ramifications for citizen suit litigation. The characterization of the notice requirement as “jurisdictional” implicates the proper procedure for raising notice objections, the means of curing notice defects, the question of waiver of notice objections, and the timing of raising notice objections. This article will conduct a brief review of the case law concerning the jurisdictional nature (or not) of the notice requirement, a consideration of the as-yet unnoticed impact of Steel Co. on the issue, and a discussion of the procedural and litigation ramifications of characterizing the notice element …