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2,691 full-text articles. Page 1 of 49.

Material Facts In The Debate Over Twombly And Iqbal, Jonah B. Gelbach 2015 University of Pennsylvania Law School

Material Facts In The Debate Over Twombly And Iqbal, Jonah B. Gelbach

Faculty Scholarship

This paper presents empirical evidence concerning the adjudication of defendant-filed summary judgment motions from nearly 2,000 randomly selected employment discrimination and contracts cases to try to assess Twombly and Iqbal’s performance in filtering cases according to merit. I first explain how such data might be helpful in such an assessment, taking into account the possibility that parties’ behavior might have changed following Twombly and Iqbal.

I then report results indicating that even using this large collection of data -- the most comprehensive data assembled to date to address this question -- we cannot tell whether “TwIqbal” supporters or critics are ...


Summary Of Breeden V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 12, Erik Foley 2015 Nevada Law Journal

Summary Of Breeden V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 12, Erik Foley

Nevada Supreme Court Summaries

The Court held that an appellant who voluntarily dismisses a non-frivolous writ petition, after an answer has been filed, cannot be required to pay the appellee’s attorney’s fees as a condition of the dismissal.


Summary Of Jed Prop. V. Coastline Re Holdings Nv Corp., 131 Nev. Adv. Op. 11, Katherine Frank 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Jed Prop. V. Coastline Re Holdings Nv Corp., 131 Nev. Adv. Op. 11, Katherine Frank

Nevada Supreme Court Summaries

The Court determined that NRS 107.082(2) does not require a trustee to give notice of a sale pursuant to NRS 107.080 that has been postponed by oral proclamation three times “unless, after the third oral postponement has been given, the sale's date, time, or place is later changed.”


Determining When Extrinsic Evidence Not Attached To Or Incorporated By Reference In A Pleading May Be Considered On A Rule 12 Dismissal Motion, Laurence A. Steckman, Rita D. Turner 2015 Touro College Jacob D. Fuchsberg Law Center

Determining When Extrinsic Evidence Not Attached To Or Incorporated By Reference In A Pleading May Be Considered On A Rule 12 Dismissal Motion, Laurence A. Steckman, Rita D. Turner

Touro Law Review

No abstract provided.


A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part Ii, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part Ii, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Drafting New York Civil-Litigation Documents: Part Xl—In Limine, Trial, And Post-Trial Motions, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

Drafting New York Civil-Litigation Documents: Part Xl—In Limine, Trial, And Post-Trial Motions, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Comentario Al Reglamento Sobre El Sistema De Resolución De Controversias En Materia De Consumo, Gabriel Martinez Medrano 2015 Universidad Nacional de Mar del Plata

Comentario Al Reglamento Sobre El Sistema De Resolución De Controversias En Materia De Consumo, Gabriel Martinez Medrano

Gabriel Martinez Medrano

Comentario al Decreto 202/2015 reglamentario de la Ley de Solución de controversias en materia de consumo de Argentina. Crítica del sistema por falta de mecanismos para ejecutar acuerdos y resoluciones administrativas.


Summary Of Martinorellan V. State, 131 Nev. Adv. Op. 6, Gil Kahn 2015 Nevada Law Journal

Summary Of Martinorellan V. State, 131 Nev. Adv. Op. 6, Gil Kahn

Nevada Supreme Court Summaries

The Court determined that (1) a district court's failure to instruct the jury to restart deliberations when an alternate juror replaces an original juror is an error of constitutional dimension; (2) unpreserved errors are reviewed for plain error regardless of whether they are of constitutional dimension; (3) A prejudicial error can result if most of the jury’s deliberation time takes place before the error related to the replacement of an original juror occurs.


Walden V. Fiore And The Federal Courts: Rethinking Frcp 4(K)(1)(A) And Stafford V. Briggs, Daniel M. Klerman 2015 USC Law School

Walden V. Fiore And The Federal Courts: Rethinking Frcp 4(K)(1)(A) And Stafford V. Briggs, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

If it were not so common, the reasoning in Walden v. Fiore would seem bizarre: the jurisdiction of a federal court over a federal claim against a federal agent depends on how much power the constitution allows the state of Nevada. This strange result is, of course, the result of FRCP 4(k)(1)(A), which, in most cases, makes the jurisdiction of a federal district court co-extensive with the jurisdiction of a state court of general jurisdiction in the same district. Less obviously, the outcome in Walden v. Fiore reflects Stafford v. Briggs, which, contrary to the plain language ...


The Economics Of Civil Procedure, Daniel M. Klerman 2015 USC Law School

The Economics Of Civil Procedure, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

This survey of the economic analysis of procedure focuses on dispositive motions, discovery, and jurisdiction. The economic analysis of procedure reduces most issues to direct costs and error costs. Direct costs are ordinary litigation costs. Error costs are the reduction in deterrence and the increase in chilling that result from inaccurate adjudication. The goal of procedure is the minimization of the sum of direct and error costs. This framework has been applied to many procedural issues, and this survey focuses on three: dispositive motions (motions to dismiss and summary judgment), discovery, and jurisdiction. Because theory is often indeterminate, this survey ...


Forum Selling, Daniel M. Klerman, Greg Reilly 2015 USC Law School

Forum Selling, Daniel M. Klerman, Greg Reilly

University of Southern California Legal Studies Working Paper Series

Forum shopping is problematic because it may lead to forum selling. For diverse motives, including prestige, local benefits, or re-election, some judges want to hear more cases. When plaintiffs have wide choice of forum, such judges have incentives to make the law more pro-plaintiff, because plaintiffs choose the court. While only a few judges may be motivated to attract more cases, their actions can have large effects, because their courts will attract a disproportionate share of cases. For example, judges in the Eastern District of Texas have distorted the rules and practices relating to case assignment, joinder, discovery, transfer, and ...


Civil Asset Forfeiture: An Economic Analysis Of Ontario And British Columbia, Patrick Daley 2015 Western University

Civil Asset Forfeiture: An Economic Analysis Of Ontario And British Columbia, Patrick Daley

Western Journal of Legal Studies

This paper compares and analyzes the incentive structure of Ontario and British Columbia’s civil asset forfeiture regimes. Part one surveys the American civil forfeiture experience to draw out theoretical considerations from American academia and inform a discussion of Canadian law. Part two compares the Ontario and British Columbia civil forfeiture regimes and identifies institutional incentives and barriers embedded in the framework of the forfeiture regimes in each province. Part three uses empirical data to explain how Ontario and British Columbia’s incentive structures affect civil forfeiture’s use. The paper argues there is an optimal allocation of resources towards ...


Constitutional Venue, Peter L. Markowitz, Lindsay C. Nash 2015 University of Florida Levin College of Law

Constitutional Venue, Peter L. Markowitz, Lindsay C. Nash

Florida Law Review

A foundational concept of American jurisprudence is the principle that it is unfair to allow litigants to be haled into far away tribunals when the litigants and the litigation have little or nothing to do with the location of such courts. Historically, both personal jurisdiction and venue each served this purpose in related, but distinct ways. Personal jurisdiction is, at base, a limit on the authority of the sovereign. Venue, in contrast, aims to protect parties from being forced to litigate in a location where they would be unfairly disadvantaged. The constitutional boundaries of these early principles came to be ...


Summary Of Fulbright & Jaworski Llp V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 5, Chelsea Lancaster 2015 Nevada Law Journal

Summary Of Fulbright & Jaworski Llp V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 5, Chelsea Lancaster

Nevada Supreme Court Summaries

The Court determined that (1) “a general jurisdiction inquiry calls for an appraisal of a defendant’s activities in their entirety, nationwide and worldwide”; and (2) “an out-of-state law firm that is solicited by a Nevada client to represent the client on an out-of-state matter does not subject itself to [specific] personal jurisdiction in Nevada simply by virtue of agreeing to represent the client.” Additionally, the Court reaffirmed that “[p]urposeful availment requires that the cause of action arise from the consequences in the forum state of the defendant’s activities.”


The Universal Remedy For Attorney Abandonment: Why Holland V. Florida And Maples V. Thomas Give All Courts The Power To Vacate Civil Judgments Against Abandoned Clients By Way Of Rule 60(B)(6), Stephen White 2015 Pepperdine University

The Universal Remedy For Attorney Abandonment: Why Holland V. Florida And Maples V. Thomas Give All Courts The Power To Vacate Civil Judgments Against Abandoned Clients By Way Of Rule 60(B)(6), Stephen White

Pepperdine Law Review

This Article argues that Federal Rule of Civil Procedure 60(b)(6) is the only remedy that courts can always rely on to enforce this power. The universal availability of this statutory rule, which states that courts can vacate judgments against parties “for any . . . reason that justifies relief,” ensures that courts can safeguard clients from the conduct of attorneys who have abandoned them. Part II of this Comment provides an overview of the distinct models the Supreme Court has utilized to evaluate attorney misconduct and the circumstances that bind clients to that misconduct. Part II also describes in detail the ...


Rule 60(B)(4): When The Courts Of Limited Jurisdiction Yield To Finality, Stephen E. Ludovici 2015 University of Florida Levin College of Law

Rule 60(B)(4): When The Courts Of Limited Jurisdiction Yield To Finality, Stephen E. Ludovici

Florida Law Review

It is basic hornbook law—affirmed by courts across time and space repeatedly and unequivocally—that subject-matter jurisdiction cannot be waived. However, in the context of a Rule 60(b)(4) motion seeking relief from a void final judgment after the time for appeal has expired, the onerous standard of review used by courts causes subject-matter jurisdiction to be practically—and frequently—waived in favor of the finality of the judgment. While an onerous standard is tolerable where the court issuing the judgment explicitly found subject-matter jurisdiction, an onerous standard is unacceptable where the court did not do so in ...


The Lock-In Effect Of Preliminary Injunctions, Kevin J. Lynch 2015 University of Florida Levin College of Law

The Lock-In Effect Of Preliminary Injunctions, Kevin J. Lynch

Florida Law Review

One important bias economists and psychologists have identified is the lock-in effect. The lock-in effect causes a decision maker who must revisit an earlier decision to be locked in to that earlier decision. The effect is particularly pronounced where the earlier decision led to the investment of resources that cannot be recovered. Although lock-in does not prevent the decision maker from altering course, it does introduce a systemic bias that should be taken into account.

Preliminary injunctions require judges to assess the merits of a case at an early stage and then revisit the merits later. In the early stages ...


We Do Not Recognise Anything 'Private': Public Interest And Private Law Under The Socialist Legal Tradition And Beyond, Rafal Manko 2015 European Parliament

We Do Not Recognise Anything 'Private': Public Interest And Private Law Under The Socialist Legal Tradition And Beyond, Rafal Manko

Dr. Rafał Mańko

In line with Lenin’s famous quote that Bolsheviks “do not recognise anything private” and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at the expense of the private one. Specific legal institutions were introduced for this purpose, in the form of legal innovations, loosely, if at all, based on pre-existing Western models. In the Polish case, such legal institutions were usually legal transfers, imported from the Soviet Union. When the socio-economic and political system ...


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 ...


A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part I, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part I, Gerald Lebovits

Gerald Lebovits

No abstract provided.


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