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An Economic Analysis Of Subject Matter Jurisdiction Waiver: A Response To Professor Buehler, Daniel M. Klerman 2014 BLR

An Economic Analysis Of Subject Matter Jurisdiction Waiver: A Response To Professor Buehler, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

For nearly a century, it has been black letter law that federal subject matter jurisdiction is non-waivable. Both parties and judges can raise subject matter jurisdiction problems at any time, even on appeal. This doctrine has been criticized as wasteful, because cases are sometimes dismissed after trial and relitigated in state court. Dustin Buehler proposes that federal judges be required to issue a subject matter certification order near the beginning of every federal case, but that judges no longer routinely dismiss cases if it later becomes apparent that subject matter jurisdiction is lacking. While this proposal has much merit, its ...


Federal Court Rulemaking And Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang 2014 University of Pennsylvania Law School

Federal Court Rulemaking And Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

Faculty Scholarship

The purpose of this article is to advance understanding of the role that federal court rulemaking has played in litigation reform. For that purpose, we created original data sets that include (1) information about every member of the Advisory Committee on Civil Rules who served from 1960 to 2013, and (2) every proposal for amending the Federal Rules that the Advisory Committee approved for consideration by the Standing Committee during the same period and that had implications for private enforcement. We show that, beginning in 1971, when a succession of Chief Justices appointed by Republican Presidents have chosen committee members ...


Summary Of Las Vegas Sands Corp. V. Eighth Judicial Dist. Court, 130 Nev. Adv. Op. 69, Michael Bowman 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Las Vegas Sands Corp. V. Eighth Judicial Dist. Court, 130 Nev. Adv. Op. 69, Michael Bowman

Nevada Supreme Court Summaries

The Court determined whether a former CEO is within a “class of persons” allowed to use the corporation’s privileged documents in litigation against the corporation.


Summary Of Campos-Garcia V. Johnson, 130 Nev. Adv. Op. 64, Michael Valiente 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Campos-Garcia V. Johnson, 130 Nev. Adv. Op. 64, Michael Valiente

Nevada Supreme Court Summaries

An appeal is properly taken from an amended judgment only when the amendment “disturb[s] or revise[s] legal rights and obligations which the prior judgment had plainly and properly settled with finality."

Thus, an appeal from a post-judgment award of attorney’s fees and costs must be timely filed, because its incorporation into an amended judgment does not disturb or revise the legal rights and obligations of the parties.


Summary Of Brady, Vorwerck, Ryder & Caspino V. New Albertson’S, Inc., 130 Nev. Adv. Op. 68, Ashleigh Wise 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Brady, Vorwerck, Ryder & Caspino V. New Albertson’S, Inc., 130 Nev. Adv. Op. 68, Ashleigh Wise

Nevada Supreme Court Summaries

The Court determined that NRS 11.207(1), in regards to the two-year statute of limitations, is tolled against a cause of action for attorney malpractice pending the outcome of the underlying lawsuit in which the malpractice allegedly occurred. The Court did not address whether the four-year time limitation may be tolled, because that time limitation had not expired when the malpractice action at issue was filed.


Rethinking Personal Jurisdiction, Daniel M. Klerman 2014 BLR

Rethinking Personal Jurisdiction, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

This article sets out a pragmatic justification for the main features of current personal jurisdiction doctrine. According to that justification, personal jurisdiction rules minimize litigation costs and bias. This approach to personal jurisdiction helps resolve difficult and open jurisdictional issues, such as the scope of general jurisdiction and the validity of jurisdiction based on the stream-of-commerce theory. This article then explores the empirical assumptions underlying this pragmatic explanation for current doctrine and shows how doctrine should change if those empirical assumptions were incorrect. For example, the Supreme Court’s “purposeful availment” requirement is justified only if the danger of bias ...


Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill 2014 The Catholic University of America, Columbus School of Law

Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill

Catholic University Law Review

No abstract provided.


Texas Supreme Court Rejects “Any Exposure” Causation In Asbestos Litigation, Richard O. Faulk 2014 SelectedWorks

Texas Supreme Court Rejects “Any Exposure” Causation In Asbestos Litigation, Richard O. Faulk

Richard Faulk

The Texas Supreme Court has firmly rejected the latest effort to reopen the floodgates for asbestos litigation in Texas. While the Court rejected a formalistic adherence to “but for” causation in mesothelioma, the essence of “but for” still survives because, “but for” legally sufficient proof of exposure to the particular defendant’s product, the defendant cannot be held liable. The requirement of legally sufficient proof applicable to exposure to each defendant’s product remains, and the challenges associated with meeting that requirement remain the same. Perhaps the cohesiveness of this holding will influence other states to define “substantial factor” similarly ...


Comentarios Al Proyecto Sobre Justicia En Las Relaciones De Consumo, Gabriel Martinez Medrano 2014 SelectedWorks

Comentarios Al Proyecto Sobre Justicia En Las Relaciones De Consumo, Gabriel Martinez Medrano

Gabriel Martinez Medrano

Comentario al Proyecto del P.E. Argentino sobre Justicia para las relaciones de Consumo (menor cuantía). Visión positiva del proyecto con algunas indicaciones prácticas.


Allison Orr Larsen On Intensely Empirical Amicus Briefs And Amicus Opportunism At The Supreme Court, Allison Orr Larsen 2014 College of William & Mary Law School

Allison Orr Larsen On Intensely Empirical Amicus Briefs And Amicus Opportunism At The Supreme Court, Allison Orr Larsen

Popular Media

No abstract provided.


Twombly And Iqbal At The State Level, Roger Michalski, Abby Wood 2014 BLR

Twombly And Iqbal At The State Level, Roger Michalski, Abby Wood

University of Southern California Legal Studies Working Paper Series

This paper contributes to the empirical literature on pleading standards by studying the effect of Twombly and Iqbal at the state level. Studying pleading in the states is appealing for three reasons.

First, the findings of this paper are the first to address the empirical workings of pleading regimes where most litigation in the United States occurs. States account for the majority of civil litigation, yet they are understudied doctrinally and empirically. Here, we examine filing behavior, the content and length of complaints, the use of amended complaints, voluntary dismissals, motion to dismiss filed, and dismissal rates.

Second, federal civil ...


Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay 2014 SelectedWorks

Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay

Richard Kay

In every American jurisdiction, new rules of law announced by a court are presumed to have retrospective effect—that is, they are presumed to apply to events occurring before the date of judgment. There are, however, exceptions in certain cases where a court believes that such application of the new rule will upset serious and reasonable reliance on the prior state of the law. This essay, a substantially abridged version of the United States Report on the subject, submitted at the Nineteenth International Congress of Comparative Law, summarizes these exceptional cases. It shows that the proper occasions for issuing exclusively ...


Drafting New York Civil-Litigation Documents: Part Xxxiv—Contempt Motions Continued, Gerald Lebovits 2014 SelectedWorks

Drafting New York Civil-Litigation Documents: Part Xxxiv—Contempt Motions Continued, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Morphing Case Boundaries In Multidistrict Litigation Settlements, Margaret S. Thomas 2014 Louisiana State University Law Center

Morphing Case Boundaries In Multidistrict Litigation Settlements, Margaret S. Thomas

Margaret S. Thomas

The boundaries of federal multidistrict litigation (MDL) are blurring, as district courts seek innovative ways to facilitate global settlements to resolve multijurisdictional, multidimensional, national mass torts. The techniques emerging from the district courts have mostly evaded appellate review and received little scholarly attention, but they raise important challenges to traditional understandings of the nature of MDL and complex litigation. This Article argues that factually similar cases proceeding in multiple court systems in mass tort disputes create a “federalism problem” for global settlements: global settlements typically benefit from oversight by a single judge, but often there is no single judge who ...


Cultural Dimensions Of Group Litigation: The Belgian Case, Stefaan Voet 2014 University of Georgia School of Law

Cultural Dimensions Of Group Litigation: The Belgian Case, Stefaan Voet

Georgia Journal of International & Comparative Law

No abstract provided.


Summary Of All Star Bail Bonds, Inc. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 45, Sean Daly 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of All Star Bail Bonds, Inc. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 45, Sean Daly

Nevada Supreme Court Summaries

A defendant who left the country voluntarily, but was denied admission upon returning to the country, is considered “excluded,” not “deported,” for purposes of NRS 178.509(1)(b)(5). Furthermore, a district court may not exonerate a bond without a statutory basis for doing so.


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 ...


Drafting New York Civil-Litigation Documents: Part Xxxiii—Contempt Motions Continued, Gerald Lebovits 2014 SelectedWorks

Drafting New York Civil-Litigation Documents: Part Xxxiii—Contempt Motions Continued, Gerald Lebovits

Gerald Lebovits

No abstract provided.


New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part Iii, Gerald Lebovits 2014 SelectedWorks

New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part Iii, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Should Counsel For A Non-Party Deponent Be A “Potted Plant”?, David L. Ferstendig, Oscar G. Chase 2014 NELLCO

Should Counsel For A Non-Party Deponent Be A “Potted Plant”?, David L. Ferstendig, Oscar G. Chase

New York University Public Law and Legal Theory Working Papers

It has long been the practice in New York that non-party deponents may be represented at depositions and that their counsel may object to questions counsel believes are improper. In 2010, however, the New York State Appellate Division, Fourth Department ruled in Thompson v. Mather that counsel for a non-party may not make objections during the deposition and, in effect, is a mere “potted plant” at the deposition. Under the Thompson holding counsel may not object even to protect a privilege or to strike a plainly improper question that would cause substantial prejudice if answered. Although only the Fourth Department ...


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