Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), 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.
The Future Of Oral Arguments, 2017 Notre Dame Law School
The Future Of Oral Arguments, Jay Tidmarsh
The civil-justice literature is replete with discussions of two phenomena: case management and the vanishing trial. These two phenomena are not unrelated. One commonly state goal of case management is to find ways, other than trial, to resolve civil disputes that find their way into court. Some observers find the movements toward case management and away from trial to be salutary; others find them disquieting. Regardless of the merits of this debate, the delivery of civil justice is undeniably evolving.
This evolution affects and changes many of the traditional attributes of American-style civil justice. The Essay examines one of these ...
Rethinking Criminal Contempt In The Bankruptcy Courts, 2017 University of Michigan Law School
Rethinking Criminal Contempt In The Bankruptcy Courts, John A. E. Pottow, Jason S. Levin
Law & Economics Working Papers
A surprising number of courts believe that bankruptcy judges lack authority to impose criminal contempt sanctions. We attempt to rectify this misunderstanding with a march through the historical treatment of contempt-like powers in bankruptcy, the painful statutory history of the 1978 Bankruptcy Code (including the exciting history of likely repealed 28 U.S.C. § 1481), and the various apposite rules of procedure. (Fans of the All Writs Act will delight in its inclusion.) But the principal service we offer to the bankruptcy community is dismantling the ubiquitous and persistent belief that there is some form of constitutional infirmity with "mere ...
Social Data Discovery And Proportional Privacy, 2017 University of Toledo College of Law
Social Data Discovery And Proportional Privacy, Agnieszka Mcpeak
Cleveland State Law Review
Social media platforms aggregate large amounts of personal information as "social data" that can be easily downloaded as a complete archive. Litigants in civil cases increasingly seek out broad access to social data during the discovery process, often with few limits on the scope of such discovery. But unfettered access to social data implicates unique privacy concerns—concerns that should help define the proper scope of discovery.
The Federal Rules of Civil Procedure, as amended in 2015, already contain the tools for crafting meaningful limits on intrusive social data discovery. In particular, the proportionality test under Rule 26 weighs the ...
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, 2017 Selected Works
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
No abstract provided.
Why Agencies Punish, 2017 Selected Works
Why Agencies Punish, 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
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 ...
The Logic And Limits Of Event Studies In Securities Fraud Litigation, 2017 University of Pennsylvania Law School
The Logic And Limits Of Event Studies In Securities Fraud Litigation, Jill E. Fisch, Jonah B. Gelbach, Jonathan Klick
Event studies have become increasingly important in securities fraud litigation after the Supreme Court’s decision in Halliburton II. Litigants have used event study methodology, which empirically analyzes the relationship between the disclosure of corporate information and the issuer’s stock price, to provide evidence in the evaluation of key elements of federal securities fraud, including materiality, reliance, causation, and damages. As the use of event studies grows and they increasingly serve a gatekeeping function in determining whether litigation will proceed beyond a preliminary stage, it will be critical for courts to use them correctly.
This Article explores an array ...
Who Has Standing? Why The Supreme Court's Holding In Hollingsworth V. Perry Empowers Politicians At The Expense Of Citizens, 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, 2017 University of Tulsa College of Law
Active Judging And Access To Justice.Pdf, Anna E. Carpenter
Anna E. Carpenter
Frivolous Action Filings In California Courts, 2017 Golden Gate University School of Law
Frivolous Action Filings In California Courts, California Research Bureau
No abstract provided.
La Solicitud De Suspensión De Medidas Cautelares Sin Tercería, 2017 Universidad Nacional Mayor de San Marcos
La Solicitud De Suspensión De Medidas Cautelares Sin Tercería, Marco Andrei Torres Maldonado
Marco Andrei Torres Maldonado
Saticoy Bay Llc V. Jpmorgan Chase Bank, 133 Nev. Adv. Op. 3 (Jan. 26, 2017), 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, 2017 University of Pennsylvania Law School
The Triangle Of Law And The Role Of Evidence In Class Action Litigation, Jonah B. Gelbach
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 ...
Monopolies In Multidistrict Litigation, 2017 University of Georgia School of Law
Monopolies In Multidistrict Litigation, 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 ...
A Regulatory Theory Of Legal Claims, 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 ...
Democratic Enforcement? Accountability And Independence For The Litigation State, 2017 Duke Law School
Democratic Enforcement? Accountability And Independence For The Litigation State, Margaret H. Lemos
No abstract provided.
Brief Of Professor Stephen E. Sachs As Amicus Curiae, Bnsf Railway Co. V. Tyrrell, 2017 Duke Law School
Brief Of Professor Stephen E. Sachs As Amicus Curiae, Bnsf Railway Co. V. Tyrrell, Stephen E. Sachs
[This brief was filed in support of the petitioner in No. 16-405 (U.S., cert. granted Jan. 13, 2017).]
BNSF Railway Co. should win this case, but on statutory grounds alone. BNSF makes three arguments:
1) That Daimler AG v. Bauman forbids Montana’s exercise of general personal jurisdiction here;
2) That Congress has not sought to license the state’s exercise of jurisdiction; and
3) That such a license would be void under the Fourteenth Amendment.
BNSF’s first two arguments are fully persuasive and decide the case. As a result, the Court should decline to reach the third ...
Análisis Económico De La Prueba De Oficio, 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, 2016 California Superior Court (San Francisco)