Open Access. Powered by Scholars. Published by Universities.®

Civil Procedure Commons

Open Access. Powered by Scholars. Published by Universities.®

4450 Full-Text Articles 2701 Authors 1704896 Downloads 118 Institutions

All Articles in Civil Procedure

Faceted Search

4450 full-text articles. Page 7 of 108.

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 ...


The Logic And Limits Of Event Studies In Securities Fraud Litigation, Jill E. Fisch, Jonah B. Gelbach, Jonathan Klick 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

Faculty Scholarship

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, 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.


Frivolous Action Filings In California Courts, California Research Bureau 2017 Golden Gate University School of Law

Frivolous Action Filings In California Courts, California Research Bureau

California Agencies

No abstract provided.


La Nulidad Del Negocio Jurídico Y Su Carácter Manifiesto: Reflexiones Sustanciales Y Procesales Con Ocasión Al Ix Pleno Casatorio Civil, Walter Vásquez Rebaza, Francisco Zegarra Valencia 2017 Pontificia Universidad Catolica del Peru

La Nulidad Del Negocio Jurídico Y Su Carácter Manifiesto: Reflexiones Sustanciales Y Procesales Con Ocasión Al Ix Pleno Casatorio Civil, Walter Vásquez Rebaza, Francisco Zegarra Valencia

Walter Vásquez Rebaza

Los autores reflexionan sobre importantes cuestiones como si se puede configurar un sistema de invalidez de los actos jurídicos solo con argumentos de pura lógica, si se puede vincular estrechamente el carácter de orden público de la nulidad con el poder de oficio del juez de apreciarlo, si vía sumarísima se puede apreciar de oficio la “nulidad” de cualquier negocio jurídico, si se requería especificar que la nulidad de oficio debe respetar el contradictorio, entre otras interrogantes.


Reshaping Third-Party Funding, Victoria S. Sahani 2017 Washington and Lee University School of Law

Reshaping Third-Party Funding, Victoria S. Sahani

Victoria Shannon Sahani

Third-party funding is a controversial business arrangement whereby an outside entity—called a third-party funder—finances the legal representation of a party involved in litigation or arbitration or finances a law firm’s portfolio of cases in return for a profit. Attorney ethics regulations and other laws permit nonlawyers to become partial owners of law firms in the District of Columbia, England and Wales, Scotland, Australia, two provinces in Canada, Germany, the Netherlands, New Zealand, and other jurisdictions around the world. Recently, a U.S.-based third-party funder that is publicly traded in England started its own law firm in ...


La Solicitud De Suspensión De Medidas Cautelares Sin Tercería, Marco Andrei Torres Maldonado 2017 Universidad Nacional Mayor de San Marcos

La Solicitud De Suspensión De Medidas Cautelares Sin Tercería, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

¿Es la tercería la única forma de defender la propiedad frente a un embargo? La solicitud de suspensión de medidas cautelares es un mecanismo de tutela rápido y efectivo que se ha dejado de lado en los últimos meses. En el presente artículo, el autor nos explica más acerca de este mecanismo.


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.


Curtailing Civil Rico's Long Reach: Establishing New Boundaries For Venue And Personal Jurisdiction Under 18 U.S.C. 1965, 75 Neb. L. Rev. 476 (1996), Darby Dickerson 2017 John Marshall Law School

Curtailing Civil Rico's Long Reach: Establishing New Boundaries For Venue And Personal Jurisdiction Under 18 U.S.C. 1965, 75 Neb. L. Rev. 476 (1996), Darby Dickerson

Darby Dickerson

No abstract provided.


Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48, Brent Ashley 2017 University of Richmond

Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48, Brent Ashley

Law Student Publications

Introduced in 2016, Virginia House Bill 48 proposed civil forfeiture reforms which would raise the burden of proof required for law enforcement agencies to seize property related to criminal activity. Civil forfeiture has grown in recent decades to deprive innocent property owners of their belongings, often due to connections between the property seized and persons accused of using the property illegally without the owners’ consent. Additionally, with a burden of proof much lower than the standard that must be met for a criminal conviction, civil forfeiture as it stands now risks depriving property owners of their possessions despite a lack ...


Procedure And Private International Law, Wendy Collins Perdue 2017 University of Richmond

Procedure And Private International Law, Wendy Collins Perdue

Law Faculty Publications

These volumes consider a range of procedural issues that have particular salience for international litigation. The first volume begins with a set of chapters addressing where litigation should proceed when there is more than one court that can or is adjudicating a dispute. The rules of judicial jurisdiction, addressed in a separate collection in this series, establish which courts will have authority to hear a case. However, in disputes involving parties or transactions touching on more than one country, there will almost certainly be more than one court that may be able to assert jurisdiction.

The availability of multiple fora ...


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin 2017 Winthrop University

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


When Is It Necessary For Corporations To Be Essentially At Home: An Exploration Of Exceptional Cases, Pricilla Heinz 2017 University of Richmond

When Is It Necessary For Corporations To Be Essentially At Home: An Exploration Of Exceptional Cases, Pricilla Heinz

Law Student Publications

This comment examines the current state of the law surrounding the exercise of general jurisdiction and forecasts the circumstances under which the Supreme Court is likely to clarify its recent decisions. Its purpose is to explore the principles announced in Goodyear Dunlop Tires Operations, S.A. v. Brown and Daimler AG v. Bauman and consider whether the due process rationales offered in the past coincide with the new essentially at home standard imposed for general jurisdiction. Moreover, this comment analyzes the reactions of the lower courts in the wake of these decisions and predicts where the Supreme Court is headed ...


The Courts And The People In A Democratic System: Against Federal Court Exceptionalism, Simona Grossi 2017 Loyola Law School Los Angeles

The Courts And The People In A Democratic System: Against Federal Court Exceptionalism, Simona Grossi

Notre Dame Law Review Online

This Essay covers the authors reflections on the role of procedure in our democratic system.


Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Timothy Daniels, Andrew C. Whitaker, Amber D. Reece 2017 Figari + Davenport, LLP

Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Timothy Daniels, Andrew C. Whitaker, Amber D. Reece

SMU Annual Texas Survey

No abstract provided.


A Disproportionate Response? The 2015 Proportionality Amendments To Federal Rule Of Civil Procedure 26(B), Matthew T. Ciulla 2017 Notre Dame Law School

A Disproportionate Response? The 2015 Proportionality Amendments To Federal Rule Of Civil Procedure 26(B), Matthew T. Ciulla

Notre Dame Law Review

On December 1, 2015, a set of amendments to the Federal Rules of Civil Procedure took effect. Among the most significant and contentious of these changes is the Rules’ renewed focus on the concept of proportionality in the scope of discovery, added in an effort to curb perceived over-discovery. This Note argues that the new Rule 26(b) is not likely to substantially further the Committee’s professed goals. Specifically, this Note shows that, even if over-discovery is a rampant problem with proportionality as its solution—a contention that is not well supported by empirical evidence—the new Rule 26 ...


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 ...


Choice Of Law And Jurisdictional Policy In The Federal Courts, Tobias Barrington Wolff 2017 University of Pennsylvania Law School

Choice Of Law And Jurisdictional Policy In The Federal Courts, Tobias Barrington Wolff

Faculty Scholarship

For seventy-five years, Klaxon v. Stentor Electric Manufacturing has provided a one-line answer to choice-of-law questions in federal diversity cases: Erie Railroad v. Tompkins requires the federal court to employ the same law that a court of the state would select. The simplicity of the proposition likely accounts for the unqualified breadth with which federal courts now apply it. Choice of law doctrine is difficult, consensus in hard cases is elusive, and the anxiety that Erie produces over the demands of federalism tends to stifle any reexamination of core assumptions. The attraction of a simple answer is obvious. But Klaxon ...


Limiting The Last-In-Time Rule For Judgments, Kevin M. Clermont 2017 Cornell Law School

Limiting The Last-In-Time Rule For Judgments, Kevin M. Clermont

Cornell Law Faculty Publications

A troublesome problem arises when there are two binding but inconsistent judgments: Say the plaintiff loses on a claim (or issue) in the defendant’s state and then, in a second action back home, wins on the same claim (or issue). American law generally holds that the later judgment is the one entitled to preclusive effects. In the leading article on the problem, then-Professor Ruth Bader Ginsburg suggested that our last-in-time rule should not apply if the U.S. Supreme Court declined to review the second court’s decision against giving full faith and credit. Although that suggestion is unsound ...


Inside The Agency Class Action, Michael D. Sant'Ambrogio, Adam S. Zimmerman 2017 Michigan State University College of Law

Inside The Agency Class Action, Michael D. Sant'ambrogio, Adam S. Zimmerman

Faculty Publications

No abstract provided.


Digital Commons powered by bepress