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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.


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.


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 ...


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.


Summary Of L.V. Dev. Assocs. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 37, Ryan Becklean 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of L.V. Dev. Assocs. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 37, Ryan Becklean

Nevada Supreme Court Summaries

The Court determined whether NRS 50.125 applies to depositions.


Reflections On Recent Cases And S 29 Of The Civil Procedure Act, 2010 (Vic) (Slideshow), The Honourable Justice John Dixon 2014 Australian Centre for Justice Innovation

Reflections On Recent Cases And S 29 Of The Civil Procedure Act, 2010 (Vic) (Slideshow), The Honourable Justice John Dixon

Timeliness in the Justice System: Ideas and Innovations

Slideshow by The Honourable Justice John Dixon, The Supreme Court of Victoria, presented at the Timeliness in the Justice System: Ideas and Innovations forum, Australian Centre for Justice Innovation, Monash University, 16 May 2014.

Innovations in Timeliness – Obligations session, 3:45-4:45 pm, 16 May 2014


Technology And Timely Dispute Resolution – As Illustrated By The Supreme Court Of Victoria “Redcrest” Project, The Honourable Justice Peter Vickery 2014 Australian Centre for Justice Innovation

Technology And Timely Dispute Resolution – As Illustrated By The Supreme Court Of Victoria “Redcrest” Project, The Honourable Justice Peter Vickery

Timeliness in the Justice System: Ideas and Innovations

Computers have had and will continue to have an increasingly pervasive role in society. Although it was only fifty years ago that the first computer capable of using stored programs was developed, its progeny are now omnipresent. The result has been to revolutionise the way that way we store information and communicate. The internet phenomenon, which has led to the ability to network globally and instantaneously, has meant the proliferation of electronic communication on an unprecedented scale.

However, there is a down-side. The conduct of litigation, now aided and abetted by the computer, have a bad name for generating gargantuan ...


The Pretrial Discovery Process In Civil Cases: A Comparison Of Evidence Discovery Between China And The United States, Elizabeth Fahey Massachusetts Superior Court, Zhirong Tao 2014 Boston College Law School

The Pretrial Discovery Process In Civil Cases: A Comparison Of Evidence Discovery Between China And The United States, Elizabeth Fahey Massachusetts Superior Court, Zhirong Tao

Boston College International and Comparative Law Review

This article compares and contrasts the pre-trial discovery mechanisms used in China and the United States, as well as the advantages and disadvantages of each. Although both use similar discovery tools, like requests to inspect evidence and expert examination of the parties, their discovery systems vary greatly. Ultimately, China prefers that judges largely conduct discovery, that the parties mutually select expert witnesses, and that the primary objective is to determine the truth, even at the expense of finality. Conversely, the United States prefers a much more adversarial system, in which the parties collect the evidence, submit motions to the court ...


Summary Of Dornbach V. Tenth Jud. Dist. Ct., 130 Nev. Adv. Op. 33, Kylee Gloekner 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Dornbach V. Tenth Jud. Dist. Ct., 130 Nev. Adv. Op. 33, Kylee Gloekner

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether the NRCP 16.1(e) time period begins to run when the defendant appears or answers and (2) whether a district court may consider its own internal delays when justifying a deadline extension.


No Adequate Recompense For Destruction: The Constitutionality Of The New York Medical Malpractice Statute Of Limitations As Applied To Misdiagnosis Of Latent Disease, Lillian M. Spiess 2014 Touro College Jacob D. Fuchsberg Law Center

No Adequate Recompense For Destruction: The Constitutionality Of The New York Medical Malpractice Statute Of Limitations As Applied To Misdiagnosis Of Latent Disease, Lillian M. Spiess

Touro Law Review

No abstract provided.


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson 2014 University of Tennessee, Knoxville

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

University of Tennessee Honors Thesis Projects

No abstract provided.


Specificity Or Dismissal: The Improper Extension Of Rule 9(B) To Negligent Misrepresentation As A Deprivation Of Plaintiffs’ Procedural Due Process Rights, Julie A. Cook 2014 College of William & Mary Law School

Specificity Or Dismissal: The Improper Extension Of Rule 9(B) To Negligent Misrepresentation As A Deprivation Of Plaintiffs’ Procedural Due Process Rights, Julie A. Cook

William & Mary Bill of Rights Journal

No abstract provided.


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

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

Gerald Lebovits

No abstract provided.


Jurisdiction, Choice Of Law And Property, Daniel M. Klerman 2014 BLR

Jurisdiction, Choice Of Law And Property, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Jurisdiction and choice of law in property disputes has been remarkably stable. The situs rule, which requires adjudication where the property is located and application of that state’s law, remains the norm in most of the world. This article is the first to apply modern economic analysis to choice of law and jurisdiction in property disputes. It largely confirms the wisdom of the situs rule, but suggests some situations where other rules may be superior. For example, in disputes about stolen art, the state where the work was last undisputedly owned may be both the most efficient forum and ...


Waiving The Duty To Mitigate In Commercial Leases, Jacqueline Sandler 2014 College of William & Mary Law School

Waiving The Duty To Mitigate In Commercial Leases, Jacqueline Sandler

William & Mary Business Law Review

This Note examines a largely unexplored consequence of jurisdictions adopting a default duty to mitigate for commercial leases: whether a contract provision waiving the duty should be enforced. Only a few courts across the country have addressed the waiver issue in a commercial setting. At least two different appeals courts have enforced a waiver clause and claim that public policy supports their decision. In contrast, a federal court has stated the opposite—that public policy demands waiver provisions be void. Another state has outright voided all waiver clauses by statute. Courts that have enforced waivers have asserted that commercial parties ...


The Practical Challenges Of Litigating And Trying A Claim For Attorney Fees To A Jury In Minnesota: Providing Minnesota’S District Court Judges, Lawyers, And Litigants The Guidance And Predictability They Need, S. Jamal Faleel 2014 Hamline University

The Practical Challenges Of Litigating And Trying A Claim For Attorney Fees To A Jury In Minnesota: Providing Minnesota’S District Court Judges, Lawyers, And Litigants The Guidance And Predictability They Need, S. Jamal Faleel

Hamline Law Review

abstract


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