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Conflicting Requirements Of Notice: The Incorporation Of Rule 9(B) Into The False Claims Act's First-To-File Bar, Brian D. Howe 2015 University of Michigan Law School

Conflicting Requirements Of Notice: The Incorporation Of Rule 9(B) Into The False Claims Act's First-To-File Bar, Brian D. Howe

Michigan Law Review

Intended to prevent fraud against the government, the False Claims Act (“FCA”) contains a qui tam provision allowing private individuals, known as relators, to bring suits on behalf of the government and receive a portion of the damages. At the heart of the qui tam provision lies the first-to-file bar, which provides that, once a first relator has filed a complaint, subsequent relators are prohibited from coming forward with complaints based on the facts underlying the first relator’s pending action. A circuit split has recently emerged regarding the incorporation of Federal Rule of Civil Procedure 9(b)’s heightened ...


International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings 2015 University of Georgia School of Law

International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings

Georgia Journal of International & Comparative Law

No abstract provided.


Reflections On Judicial Jurisdiction In International Cases, Gary B. Born 2015 University of Arizona

Reflections On Judicial Jurisdiction In International Cases, Gary B. Born

Georgia Journal of International & Comparative Law

No abstract provided.


Erie's International Effect, Michael Steven Green 2015 Northwestern University School of Law

Erie's International Effect, Michael Steven Green

Northwestern University Law Review

No abstract provided.


Jury Certification Of Federal Securities Fraud Class Actions, Thomas Kayes 2015 Northwestern University School of Law

Jury Certification Of Federal Securities Fraud Class Actions, Thomas Kayes

Northwestern University Law Review

No abstract provided.


Proportionality And The Social Benefits Of Discovery: Out Of Sight And Out Of Mind?, Stephen B. Burbank 2015 University of Pennsylvania Law School

Proportionality And The Social Benefits Of Discovery: Out Of Sight And Out Of Mind?, Stephen B. Burbank

Faculty Scholarship

In this short essay, based on remarks delivered at the 2015 meeting of the AALS Section of Litigation, I use a recent paper by Gelbach and Kobayashi to highlight the risk that, in assessing the proportionality of proposed discovery under the 2015 amendments to Rule 26 of the Federal Rules of Civil Procedure, federal judges will privilege costs over benefits, and private over public interests. The risk arises from the temptation to focus on (1) the interests of those who are present to the detriment of the interests of those who are absent (“the availability heuristic”), and (2) variables that ...


Procedure And Pragmatism, Stephen B. Burbank 2015 University of Pennsylvania Law School

Procedure And Pragmatism, Stephen B. Burbank

Faculty Scholarship

In this essay, prepared as part of a festschrift for the Italian scholar, Michele Taruffo, I portray him as a pragmatic realist of the sort described by Richard Posner in his book, Reflections on Judging. Viewing him as such, I salute Taruffo for challenging the established order in domestic and comparative law thinking about civil law systems, the role of lawyers, courts and precedent in those systems, and also for casting the light of the comparative enterprise on common law systems, particularly that in the United States. Speaking as one iconoclast of another, however, I also raise questions about Taruffo ...


Recognizing Discrimination: Lessons From White Plaintiffs, Wendy Parker 2015 University of Florida Levin College of Law

Recognizing Discrimination: Lessons From White Plaintiffs, Wendy Parker

Florida Law Review

The Supreme Court has developed a robust equal protection jurisprudence to recognize the rights of whites complaining of race conscious governmental activity. This was particularly reflected in the Court’s opinion in Parents Involved, where the Roberts Court radically repositioned the meaning of Brown v. Board of Education. That opinion all but guarantees that eventually Abigail Noel Fisher will win her case against the University of Texas. In the meantime, however, the case also holds promise for minority plaintiffs. While many have lamented Parents Involved and its use of Brown, we have missed the promise of the Roberts Court’s ...


Retroactive Application Of State Long-Arm Statutes, Dane Reed Ullian 2015 University of Florida Levin College of Law

Retroactive Application Of State Long-Arm Statutes, Dane Reed Ullian

Florida Law Review

A precondition to a court’s exercising any measure of authority over an individual or an entity is the court’s establishment of personal jurisdiction. A court may exercise personal jurisdiction over a nonresident defendant only if the forum state provides a statutory basis for exercising jurisdiction over the nonresident and the exercise of jurisdiction satisfies the constitutional due process standard. Personal jurisdiction is one of the most commonly litigated issues today, due primarily to confusion over the constitutional standard.

Commentators and courts write extensively about the constitutional prerequisites for personal jurisdiction, but say little about state long-arm statutes. Perhaps ...


Linking Rule 9(B) Pleading And The First-To-File Rule To Advance The Goals Of The False Claims Act, Karin Lee 2015 Northwestern University School of Law

Linking Rule 9(B) Pleading And The First-To-File Rule To Advance The Goals Of The False Claims Act, Karin Lee

Northwestern University Law Review

No abstract provided.


How Congress Should Fix Personal Jurisdiction, Stephen E. Sachs 2015 Northwestern University School of Law

How Congress Should Fix Personal Jurisdiction, Stephen E. Sachs

Northwestern University Law Review

No abstract provided.


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

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 School of Law

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 ...


Drafting New York Civil-Litigation Documents: Part Xxxviii—Motions To Vacate Default Judgments, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

Drafting New York Civil-Litigation Documents: Part Xxxviii—Motions To Vacate Default Judgments, Gerald Lebovits

Gerald Lebovits

No abstract provided.


New York Residential Landlord-Tenant Law And Procedure—2014-2015 (7th Ed. 2015), Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

New York Residential Landlord-Tenant Law And Procedure—2014-2015 (7th Ed. 2015), Gerald Lebovits

Gerald Lebovits

No abstract provided.


Supreme Court, New York County, Robinson V. Finkel, Denise Shanley 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, Robinson V. Finkel, Denise Shanley

Touro Law Review

No abstract provided.


First Amendment Decisions - 2002 Term, Joel Gora 2014 Touro College Jacob D. Fuchsberg Law Center

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz 2014 Touro Law Center

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


Discrimination Cases Of The 2002 Term, Eileen Kaufman 2014 Touro Law Center

Discrimination Cases Of The 2002 Term, Eileen Kaufman

Touro Law Review

No abstract provided.


Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum 2014 Suffolk University Law School

Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum

Touro Law Review

No abstract provided.


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