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Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes 2017 Nevada Law Journal

Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes

Nevada Supreme Court Summaries

The Court considered whether a party may appeal a district court’s order granting an NRCP 60(b) motion to set aside a final judgment for fraud upon the court. The Court held the district court’s order interlocutory and may not be appealed until a final judgment is entered.The Court held that the district court was not barred from considering the NRCP 60(b) motion and the district court did not abuse its discretion in granting relief based on fraud upon the court.


Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner 2017 Selected Works

Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner

Max Minzner

No abstract provided.


Why Agencies Punish, Max Minzner 2017 Selected Works

Why Agencies Punish, Max Minzner

Max Minzner

In addition to promulgating regulations, federal administrative agencies penalize entities that violate their rules. In 2010 alone, the National Highway Traffic Safety Administration imposed a statutory maximum $16.4 million penalty on Toyota, and the Securities and Exchange Commission recovered $535 million from Goldman Sachs, the largest civil penalty a financial services firm has ever paid. The academic literature proposes two major theories explaining why agencies might seek these monetary penalties. First, agencies might seek to deter misconduct by using civil penalties to raise the expected cost of regulatory violations above the cost of compliance. Alternatively, agencies might use civil ...


The Cure Is Worse: First Circuit Circumvents False Claims Act's First-To-File Rule In United States Ex Rel. Gadbois V. Pharmerica Corp., Daniel Sorger 2017 Boston College Law School

The Cure Is Worse: First Circuit Circumvents False Claims Act's First-To-File Rule In United States Ex Rel. Gadbois V. Pharmerica Corp., Daniel Sorger

Boston College Law Review

In 2015, in United States ex rel. Gadbois v. PharMerica Corp., the U.S. Court of Appeals for the First Circuit held that a qui tam relator could use supplementation to cure a jurisdictional first-to-file defect in a False Claims Act (“FCA”) action. In contrast, in 2010, the U.S. Court of Appeals for the Seventh Circuit in United States ex rel. Chovanec v. Apria Healthcare Group, Inc. held that relators barred by first-to-file must face dismissal without prejudice and then refile if they are to proceed. Separately, in 2015, the U.S. Court of Appeals for the D.C ...


Who Has Standing? Why The Supreme Court's Holding In Hollingsworth V. Perry Empowers Politicians At The Expense Of Citizens, Omar Subat 2017 St. John's University School of Law

Who Has Standing? Why The Supreme Court's Holding In Hollingsworth V. Perry Empowers Politicians At The Expense Of Citizens, Omar Subat

Journal of Civil Rights and Economic Development

No abstract provided.


Active Judging And Access To Justice.Pdf, Anna E. Carpenter 2017 University of Tulsa College of Law

Active Judging And Access To Justice.Pdf, Anna E. Carpenter

Anna E. Carpenter

Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts.  Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges engage with pro se parties as a general matter, and even less about active judging.  In response, this Article contributes new data and a new conceptual framework: the three dimensions of active judging.  The study is based in a District of Columbia administrative court where ...


Saticoy Bay Llc V. Jpmorgan Chase Bank, 133 Nev. Adv. Op. 3 (Jan. 26, 2017), Karson Bright 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Saticoy Bay Llc V. Jpmorgan Chase Bank, 133 Nev. Adv. Op. 3 (Jan. 26, 2017), Karson Bright

Nevada Supreme Court Summaries

The Court held that under NRCP 41(e) a complaint in intervention is a part of an original action, and thus, the district court’s dismissal of appellant’s complaint was mandatory. However, the district court abused its discretion in dismissing the complaint with prejudice because the district court mischaracterized NRS 116.3116(6) as a statute of limitations when it only limits the amount of actionable unpaid HOA assessments. Finally, the Court found that appellant’s subsequent action would not be barred by statute of limitations.


The Triangle Of Law And The Role Of Evidence In Class Action Litigation, Jonah B. Gelbach 2017 University of Pennsylvania Law School

The Triangle Of Law And The Role Of Evidence In Class Action Litigation, Jonah B. Gelbach

Faculty Scholarship

In Tyson Foods v. Bouaphakeo, a "donning and doffing" case brought under Iowa state law incorporating the Fair Labor Standards Act's overtime pay provisions, the petitioners asked the Supreme Court to reject the use of statistical evidence in Rule 23(b)(3) class certification. To its great credit, the Court refused. In its majority opinion, the Court cited both the Federal Rules of Evidence and federal common law interpreting the FLSA. In this paper, I take a moderately deep dive into the facts of the case, and the three opinions penned by Justice Kennedy (for the Court), Chief Justice ...


A Regulatory Theory Of Legal Claims, J. Maria Glover 2017 Georgetown University Law Center

A Regulatory Theory Of Legal Claims, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

Procedural law in the United States seeks to achieve three interrelated goals in our system of litigation: efficient processes that achieve “substantive justice” and deter wrongdoing, accurate outcomes, and meaningful access to the courts. For years, however, procedural debate, particularly in the context of due process rights in class actions, has been redirected toward more conceptual questions about the nature of legal claims—are they more appropriately conceptualized as individual property or as collective goods? At stake is the extent to which relevant procedures will protect the right of individual claimants to exercise control over their claims. Those with individualistic ...


Monopolies In Multidistrict Litigation, Elizabeth Chamblee Burch 2017 University of Georgia School of Law

Monopolies In Multidistrict Litigation, Elizabeth Chamblee Burch

Scholarly Works

When transferee judges receive a multidistrict proceeding, they select a few lead plaintiffs’ lawyers to efficiently manage litigation and settlement negotiations. That decision gives those attorneys total control over all consolidated plaintiffs’ claims and rewards them richly in common-benefit fees. It’s no surprise then that these are coveted positions, yet empirical evidence confirms that the same attorneys occupy them time and again.

Anytime repeat players exist and exercise both oligopolistic leadership control across multidistrict proceedings and monopolistic power within a single proceeding, there is concern that they will use their dominance to enshrine practices and norms that benefit themselves ...


Democratic Enforcement? Accountability And Independence For The Litigation State, Margaret H. Lemos 2017 Duke Law School

Democratic Enforcement? Accountability And Independence For The Litigation State, Margaret H. Lemos

Faculty Scholarship

No abstract provided.


Análisis Económico De La Prueba De Oficio, Sebastian Gabriel Arruiz 2016 Universidad Nacional del Sur, Bahia Blanca, Argentina

Análisis Económico De La Prueba De Oficio, Sebastian Gabriel Arruiz

The Latin American and Iberian Journal of Law and Economics

The aim of this article is to analyze the consequences of proof ordered by the judge on his own, without any party request, in an adversarial trial.

I will demonstrate that proof ordered by the court on its own is against an adversarial system because it violates the principle of judicial impartiality. I will also conclude that this kind of proof is inefficient because it replaces activity that might be fulfilled by the parties with lower costs; it reduces the incentives for the parties to prove; it introduces distortions in legal professional services; and it increases the probability of making ...


Fiat Lux: Tracing A Standard Of Review For Class Certification Orders, Curtis E.A. Karnow 2016 California Superior Court (San Francisco)

Fiat Lux: Tracing A Standard Of Review For Class Certification Orders, Curtis E.A. Karnow

Curtis E.A. Karnow

 An historical investigation of California’s  standards of review  of class certification orders, together with an analysis of the standard and its implications for the practical work of trial judges and lawyers litigating class actions. The article concludes by emphasizing the role of the trial plan in certification motions.


Repeat Players In Multidistrict Litigation - The Social Network.Docx, Elizabeth Chamblee Burch, Marjorie S. Williams 2016 University of Georgia School of Law

Repeat Players In Multidistrict Litigation - The Social Network.Docx, Elizabeth Chamblee Burch, Marjorie S. Williams

Elizabeth Chamblee Burch

As class certification wanes, plaintiffs’ lawyers resolve hundreds of thousands of individual lawsuits through aggregate settlements in multidistrict litigation. But without class actions, formal rules are scarce and judges rarely scrutinize the private agreements that result. Meanwhile, the same principal-agent concerns that plagued class-action attorneys linger. These circumstances are ripe for exploitation: few rules, little oversight, multi-million dollar common-benefit fees, and a push for settlement can tempt a cadre of repeat players to fill in the gaps in ways that further their own self-interest.

Although multidistrict litigation now comprises 36 percent of the entire federal civil caseload, legal scholars have ...


Monopolies In Multidistrict Litigation, Elizabeth Chamblee Burch 2016 University of Georgia School of Law

Monopolies In Multidistrict Litigation, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

When transferee judges receive a multidistrict proceeding, they select a few lead plaintiffs’ lawyers to efficiently manage litigation and settlement negotiations. That decision gives those attorneys total control over all consolidated plaintiffs’ claims and rewards them richly in common-benefit fees. It’s no surprise then that these are coveted positions, yet empirical evidence confirms that the same attorneys occupy them time and again.

Anytime repeat players exist and exercise both oligopolistic leadership control across multidistrict proceedings and monopolistic power within a single proceeding, there is concern that they will use their dominance to enshrine practices and norms that benefit themselves ...


The Pasts Fickle Shadow A California Divide Over The Business Records Exception.Pdf, Amir Shachmurove 2016 United States District Court, Middle District of Louisiana

The Pasts Fickle Shadow A California Divide Over The Business Records Exception.Pdf, Amir Shachmurove

Amir Shachmurove

In 2015, the interpretive tranquility that had come to typify the jurisprudence surrounding one of the most well-rooted hearsay exceptions—the business records one (“BRE”)—was suddenly ruptured. In that year, in Sierra Managed Asset Plan, LLC v. Hale (“Hale”) and Unifund CCR LLC v. Dear (“Unifund”), two appellate divisions of the Superior Court of California issued conflicting opinions as to whether a debt assignee may demonstrate the BRE’s elements under California Evidence Code § 1271, thereby conclusively proving its prima facie case, with no more than a declaration of the assignee’s custodian of records. Hale, soon followed by ...


The Law And Ethics Of Civil Depositions , A. Darby Dickerson 2016 Selected Works

The Law And Ethics Of Civil Depositions , A. Darby Dickerson

Darby Dickerson

No abstract provided.


The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi 2016 Brooklyn Law School

The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission (SEC) plays an extremely important role within the securities industry—it oversees the financial markets, protects consumers, and maintains market efficiency. One of the most important (and recently one of most criticized) responsibilities of the SEC is its duty to enforce the securities laws and punish violators. During the past two decades, and especially after the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the SEC’s Division of Enforcement has grown substantially and has utilized administrative enforcement proceedings at an increasing rate. However; this utilization has been occurring without ...


The Beast Of Burden In Immigration Bond Hearings, Mary Holper 2016 Boston College

The Beast Of Burden In Immigration Bond Hearings, Mary Holper

Mary Holper

This term, in the case of Jennings v. Rodriguez, the Supreme Court will consider whether mandatory detention applies to noncitizens whose removal proceedings have become prolonged. Should the Court grant these detainees a right to a bond hearing, it will decide who should bear the burden of proof at that hearing. Currently, the approximately 60,000 detainees per year who are eligible for a bond hearing must bear the burden of proving that they are not a danger to the community or a flight risk. The government, which took away their liberty, need not justify why they should remain detained ...


New York Residential Landlord-Tenant Law And Procedure─2016-2017 (9th Ed. 2016)., Gerald Lebovits 2016 Columbia, Fordham & NYU Law Schools

New York Residential Landlord-Tenant Law And Procedure─2016-2017 (9th Ed. 2016)., Gerald Lebovits

Gerald Lebovits

No abstract provided.


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