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The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin 2015 University of Akron

The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin

Bernadette Bollas Genetin

In the Supreme Court’s recent general jurisdiction cases, it narrowed general jurisdiction in accord with a “reasonableness” approach to jurisdiction that is consistent with International Shoe’s so-called “forward-looking” face. In the Court’s most recent specific jurisdiction case, Walden v. Fiore, the Court took steps toward assessing specific jurisdiction under a reasonableness analysis, but it ultimately reunited the antagonistic “reasonableness” and territorial power theories to impose artificial limits on specific jurisdiction. The newly narrowed general jurisdiction will not often be available as a “safety valve” to provide jurisdiction in some cases in which jurisdiction would be reasonable under ...


The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin 2015 University of Akron

The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin

Akron Law Publications

In the Supreme Court’s recent general jurisdiction cases, it narrowed general jurisdiction in accord with a “reasonableness” approach to jurisdiction that is consistent with International Shoe’s so-called “forward-looking” face. In the Court’s most recent specific jurisdiction case, Walden v. Fiore, the Court took steps toward assessing specific jurisdiction under a reasonableness analysis, but it ultimately reunited the antagonistic “reasonableness” and territorial power theories to impose artificial limits on specific jurisdiction. The newly narrowed general jurisdiction will not often be available as a “safety valve” to provide jurisdiction in some cases in which jurisdiction would be reasonable under ...


Summary Of Valdez V. Cox Commc’Ns Las Vegas, 130 Nev. Adv. Op. 89, Stephen Davis 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Valdez V. Cox Commc’Ns Las Vegas, 130 Nev. Adv. Op. 89, Stephen Davis

Nevada Supreme Court Summaries

The Court determined that: (1) under NRCP 21, when claims are severed, two separate actions exist and severed claims may be appealed before resolution of the other, non-severed claims; and (2) a final order for severed claims need not be certified under NRCP 54(b) before appeal.


A Blended Approach To Reducing The Costs Of Shareholder Litigation, Valian A. Afshar 2014 University of Michigan Law School

A Blended Approach To Reducing The Costs Of Shareholder Litigation, Valian A. Afshar

Michigan Law Review

Multiforum litigation and federal securities law class actions impose heavy costs on corporations and their shareholders without producing proportionate benefits. Both are largely the result of the agency problem between shareholders and their attorneys, driven more by the attorneys’ interests in generating fees than by the interests of their clients. In response to each of these problems, commentators have recommended a number of solutions. Chief among them are forum selection and mandatory arbitration provisions in a corporation’s charter or bylaws. This Note recommends that corporations unilaterally adopt both forum selection and mandatory arbitration bylaws to address shareholder lawsuits under ...


Drafting New York Civil-Litigation Documents: Part Xxxvii—Motions To Reargue And Renew Continued, Gerald Lebovits 2014 SelectedWorks

Drafting New York Civil-Litigation Documents: Part Xxxvii—Motions To Reargue And Renew Continued, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Are Justices Ginsburg And Scalia Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin 2014 University of Maryland Francis King Carey School of Law

Are Justices Ginsburg And Scalia Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin

Faculty Scholarship

After seventy years of trying, the Supreme Court has yet to agree on whether the Rules Enabling Act articulates a one or two part standard for determining the validity of a Federal Rule. Is it enough that a Federal Rule regulates “practice and procedure,” or must it also not “abridge substantive rights”? The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab ...


Sentencia: Caso Fidel Flores Vásquez, Abelardo De La Cruz Chalán Derecho 2014 SelectedWorks

Sentencia: Caso Fidel Flores Vásquez, Abelardo De La Cruz Chalán Derecho

Abelardo De La Cruz Chalán

DECLÁRESE FUNDADA EN PARTE LA DEMANDA interpuesta por María Luisa Cruzado Ávalos, contra Fidel Flores Vásquez e Ysabel Cuzco Tello, sobre desalojo por ocupación precaria, en la vía asignada al proceso sumarísimo; en consecuencia, ORDENO a los demandados cumplan con desocupar y restituir la posesión -que indebidamente detentan-, a favor de la parte demandante, del inmueble ubicado entre la esquina de la prolongación del jirón Diego Ferré y jirón Húsares de Junín del barrio Santa Elena de esta ciudad, de 384.30 metros cuadrados de extensión superficial, cuyas medidas, linderos y otras características fluyen en la escritura pública de fojas ...


Summary Of Fdic V. Rhodes, 130 Nev. Adv. Op. 8, Aleem A. Dhalla 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Fdic V. Rhodes, 130 Nev. Adv. Op. 8, Aleem A. Dhalla

Nevada Supreme Court Summaries

The Court determined that (1) 12 U.S.C. § 1821(d)(14)(A) (the “FDIC extender statute”)[1] preempts any similarly applicable state law, in this case NRS 40.4055(1)[2]; and (2) the Court refused to adopt a rule that a state statute of repose cannot be preempted by federal law.

[1] “Under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA),…the [FDIC] acts as a "conservator or receiver" for failed financial institutions. 12 U.S.C. § 1821(d)(2)(A) (2012). FIRREA extends

the time period for the FDIC, in its capacity as the ...


To Be Or Not To Be: The Forum Non Conveniens Performance Acted Out On Anglo-American Courtroom Stages, Alan Reed 2014 University of Georgia School of Law

To Be Or Not To Be: The Forum Non Conveniens Performance Acted Out On Anglo-American Courtroom Stages, Alan Reed

Georgia Journal of International & Comparative Law

No abstract provided.


Law In Ancient Egyptian Fiction, Russ VerSteeg 2014 University of Georgia School of Law

Law In Ancient Egyptian Fiction, Russ Versteeg

Georgia Journal of International & Comparative Law

No abstract provided.


Civil Rule 54(B): Seventy-Five And Ready For Retirement, Andrew S. Pollis 2014 University of Florida Levin College of Law

Civil Rule 54(B): Seventy-Five And Ready For Retirement, Andrew S. Pollis

Florida Law Review

As we commemorate the diamond anniversary of the Federal Rules of Civil Procedure, this Article takes a critical look at one of the failed Rules: Rule 54(b). Although many commentators have noted difficulties with Rule 54(b), this is the first effort to describe those difficulties comprehensively, analyze their root causes, and offer a workable alternative.

When an order resolves a discrete claim in a multi-claim action, Rule 54(b) permits a district court to sever the order for immediate appeal by “expressly determin[ing] that there is no just reason for delay.” The rule was designed to ease ...


Summary Of D.R. Horton V. Betsinger, 130 Nev. Adv. Op. 84, Gil Kahn 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of D.R. Horton V. Betsinger, 130 Nev. Adv. Op. 84, Gil Kahn

Nevada Supreme Court Summaries

The Court determined that even when a case is remanded only in order for a trier of fact to determine the amount of punitive damages, NRS 42.005(3) requires that same trier of fact to first determine whether such damages are warranted.


Summary Of Oxbow Constr. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 86, Erik Foley 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Oxbow Constr. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 86, Erik Foley

Nevada Supreme Court Summaries

The Court determined that (1) previously leased units become a “residence” under NRS 40.630 when their titles are later transferred to a home purchaser; (2) units previously leased prior to transfer of title to a purchaser are not considered “new” under NRS 40.615; and (3) where there is at least one “new residence” in a multiple unit building, relief is available for construction defects in the limited common areas assigned to that building.


Empirical Law And Economics, Jonah B. Gelbach, Jonathan Klick 2014 University of Pennsylvania Law School

Empirical Law And Economics, Jonah B. Gelbach, Jonathan Klick

Faculty Scholarship

Empirical work has grown in importance in law and economics. This growth coincides with improvements in research designs in empirical microeconomics more generally. In this essay, we provide a stylized discussion of some trends over the last two or three decades, linking the credibility revolution in empirical micro to the ascendancy of empirical work in law and economics. We then provide some methodological observations about a number of commonly used approaches to estimating policy effects. The literature on the economics of crime and criminal procedure illustrates the ways in which many of these techniques have been used successfully. Other fields ...


The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer 2014 Seattle University School of Law

The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer

Seattle University Law Review

It has now been more than thirty-five years since the Washington Rules of Appellate Procedure (RAP) became effective in 1976 and replaced all prior rules governing appellate procedure. One significant change that those rules made was to clearly describe and delineate a procedural mechanism for seeking interlocutory review of trial court decisions. The ultimate effect on practitioners is both obvious and unavoidable. Many lawyers, rather than stake out a clear position regarding the applicability of the various considerations governing discretionary review, simply argue that any and every consideration that is even arguably applicable is satisfied by the trial court’s ...


Summary Of Artiga-Morales V. State, 130 Nev. Adv. Op. 77, Janine Lee 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Artiga-Morales V. State, 130 Nev. Adv. Op. 77, Janine Lee

Nevada Supreme Court Summaries

In the absence of a rule or statute mandating disclosure of jury background information from the prosecution to the defense, no such obligation exists.[1] If policy considerations dictate that defendants should be allowed to see prosecution-developed jury dossiers, then a court rule should be proposed, considered and adopted as implicitly authorized by NRS 179A.100(7)(j). Such a procedure would allow the court to better assess the “scope of disparity, impact on juror privacy interests, the need to protect work product, practicality, and fundamental fairness

than this case, with its limited record and arguments.”

[1] This is the ...


Summary Of Renown Reg’L Med. V. Second Jud. Dist. Ct., 130 Nev. Adv. Op. 80, Leesa Goodwin 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Renown Reg’L Med. V. Second Jud. Dist. Ct., 130 Nev. Adv. Op. 80, Leesa Goodwin

Nevada Supreme Court Summaries

The Court determined that before a court may grant summary judgment sua sponte, the defending party must be given notice and an opportunity to defend itself. Thus, summary judgment cannot be granted on claims for which no party sought summary judgment in their pleadings or arguments.


Summary Of Henson V. Henson, 130 Nev. Adv. Op. 79, Sydney Gambee 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Henson V. Henson, 130 Nev. Adv. Op. 79, Sydney Gambee

Nevada Supreme Court Summaries

The Court determined that (1) survivor benefits must be specifically set forth in a divorce decree notwithstanding NRS 286.590, which does not automatically confer survivor benefits and (2) immediate payment of benefits to a former non-employee spouse must be requested by motion, in accordance with California’s approach in In re Marriage of Cornejo.

[1] 916 P.2d 476 (Cal. 1996).


Summary Of Copper Sands Homeowners Ass’N, Inc. V. Flamingo 94, Llc, 130 Nev. Adv. Op. 81, Vincent Godinho 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Copper Sands Homeowners Ass’N, Inc. V. Flamingo 94, Llc, 130 Nev. Adv. Op. 81, Vincent Godinho

Nevada Supreme Court Summaries

The Court determined that when a third-party defendant prevails in an action and moves for costs pursuant to NRS 18.020, the district court must determine which party (plaintiff or defendant) is adverse to the third-party defendant and allocate the costs award accordingly.


Consumer-Credit Lawsuits In The New York City Civil Court, Gerald Lebovits 2014 SelectedWorks

Consumer-Credit Lawsuits In The New York City Civil Court, Gerald Lebovits

Gerald Lebovits

No abstract provided.


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