Pepperdine University
Washington University School of Law
University of Michigan Law School
Touro College Jacob D. Fuchsberg Law Center
University of Pennsylvania Law School
University of Arkansas at Little Rock William H. Bowen School of Law
South Texas College of Law
University of Nevada, Las Vegas -- William S. Boyd School of Law
A Canadian Lens On Third Party Litigation Funding In The American Bankruptcy Context,
2018
Osgoode Hall Law School
A Canadian Lens On Third Party Litigation Funding In The American Bankruptcy Context, Stephanie Ben-Ishai, Emily Uza
Chicago-Kent Law Review
This Article offers two major recommendations to expand the use of third party litigation funding (“TPLF”) into the U.S. insolvency context. As seen in the Canadian context, courts have accepted the use of litigation funding agreements fitting within certain parameters. If U.S. courts follow suit, friction against the implementation of TPLF can be mitigated. Alternatively, regulation may occur through legislative and regulatory models to govern and set out precisely what types of arrangements are permitted. Involving entities such as the SEC may expedite the acceptance of TPLF, but special attention is necessary not to intermingle notions of fiduciaries ...
The Avoidance Of Pre-Bankruptcy Transactions: An Economics And Comparative Approach,
2018
Harvard Law School
The Avoidance Of Pre-Bankruptcy Transactions: An Economics And Comparative Approach, Aurelio Gurrea-Martínez
Chicago-Kent Law Review
Most insolvency jurisdictions provide several mechanisms to reverse transactions entered into by a debtor prior to the commencement of the bankruptcy procedure. These mechanisms, generally known as claw-back actions or avoidance provisions, may fulfil several economic goals. First, they act as an ex post alignment of incentives between factually insolvent debtors and their creditors, since the latter become the residual claimants of an insolvent firm, but they do not have any control over the debtor’s assets while the company is not yet subject to a bankruptcy procedure. Thus, avoidance powers may prevent or, at least, reverse opportunistic behaviors faced ...
Market Organisations And Institutions In America And England: Valuation In Corporate Bankruptcy,
2018
London School of Economics & Political Science
Market Organisations And Institutions In America And England: Valuation In Corporate Bankruptcy, Sarah Paterson
Chicago-Kent Law Review
Courts in England and the United States have traditionally adopted different approaches to the question of valuation in debt restructuring cases. In England, courts have tended to determine whether to approve the allocation of equity in a debt restructuring by reference to the amounts creditors would have received if no debt restructuring had been agreed. The company has typically argued that if no debt restructuring had been agreed either the business or the assets would have been sold. Typically, some evidence of exposure of the business and assets to the market will be submitted to identify the value which would ...
California Department Of Toxic Substances Control V. Westside Delivery, Llc,
2018
Alexander Blewett III School of Law at the University of Montana
California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. Werbell V
Public Land and Resources Law Review
The Ninth Circuit’s recent decision in California Department of Toxic Substances Control v. Westside Delivery, LLC reminds prospective purchasers of tax-defaulted property of their responsibility for due diligence.The case addressed the reach of the third-party defense to a CERCLA cost recovery action. The court determined that CERCLA’s third-party defense did not apply to a company which purchased a contaminated property at a tax auction because of its “contractual relationship” with the former owner-polluter and because the relevant contaminating acts occurred “in connection with” the prior polluter’s ownership of the site.
Western Organization Of Resource Councils V. Zinke,
2018
Alexander Blewett III School of Law at the University of Montana
Western Organization Of Resource Councils V. Zinke, Daniel Brister
Public Land and Resources Law Review
Due to advances in climate science and an increased understanding of coal’s role as a greenhouse gas, Appellant conservation organizations sued the Secretary of Interior for failing to supplement the 1979 Programmatic EIS for the Federal Coal Management Program. The D.C. Circuit Court held neither NEPA nor the APA required a supplemental EIS and that the court lacked jurisdiction to compel the Secretary to prepare one. Expressing sympathy for the Appellants’ position, the D.C. Circuit took the unusual step of offering advice to future plaintiffs on how they might succeed on similar claims.
Update On Antitrust And Pay-For-Delay: Evaluating “No Authorized Generic” And “Exclusive License” Provisions In Hatch-Waxman Settlements,
2018
University of San Diego
Update On Antitrust And Pay-For-Delay: Evaluating “No Authorized Generic” And “Exclusive License” Provisions In Hatch-Waxman Settlements, Saami Zain
San Diego Law Review
In Federal Trade Commission v. Actavis, the United States Supreme Court held that a patent litigation settlement where a branded drug company pays a generic drug company to end the litigation and delay launching its generic may violate the antitrust laws. Although the decision ended years of controversy over whether such settlements were subject to antitrust scrutiny, many issues remain unresolved concerning the lawfulness of these settlements. In particular, courts have struggled in assessing the legality of patent settlements between branded and generic drug manufacturers involving non-cash compensation or benefits. This article discusses one type of non-cash compensation that is ...
Looking For Venue In The Patently Right Places: A Parallel Study Of The Venue Act And Venue In Anda Litigation,
2018
University of San Diego
Looking For Venue In The Patently Right Places: A Parallel Study Of The Venue Act And Venue In Anda Litigation, Mengke Xing
San Diego Law Review
Like any other type of litigation, venue is often an important strategic decision for patent infringement litigants. Under the traditional nation-wide venue rule, a patent owner was able to sue a corporate defendant almost in every district in the country, giving rise to abusive forum shopping and the popularity of the Eastern District of Texas. Last year, the Supreme Court in TC Heartland dramatically changed the legal framework of venue in patent litigation, while leaving some issues unaddressed. After a discussion of the evolvement of venue laws and the significance of TC Heartland, this Comment focuses on the Venue Equity ...
Rwu First Amendment Blog: David A. Logan's Blog: Infowars Goes To War With The First Amendment 08-15-2018,
2018
Roger Williams University School of Law
Rwu First Amendment Blog: David A. Logan's Blog: Infowars Goes To War With The First Amendment 08-15-2018, David A. Logan
Law School Blogs
No abstract provided.
A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers,
2018
The University of Southern Mississippi
A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Broadus
Master's Theses
Police studies have well developed a demonstrative framework for detailing risks which generate financially-detrimental civil litigation – particularly regarding 42 U.S.C. §1983. Conversely, though, police studies have given little attention to the often-used but differentially-trained reserve police officer. Primarily replicating the methodologies of Kappeler, Kappeler, and del Carmen (1993) and Ross (2000), this descriptive study sought to fill this void via a manifest content approach to purposively select a sample of Section 1983 cases decided by U.S. District Courts over a 16-year period (2001-2016) to determine: (1) if significant liability was generated by reserve officers, (2) the main ...
Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study,
2018
Brooklyn Law School
Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble
Brooklyn Law Review
Infringements of intellectual property (IP) rights by exhibitors at trade shows (also called trade fairs or exhibitions), such as infringements committed through exhibitions of or offers to sell infringing products, can be extremely damaging to IP right owners because of the wide exposure that trade shows provide for infringing IP; the promotion of the infringing IP and the contacts made by infringers at trade shows can facilitate further infringements after a trade show that can be very difficult for IP right owners to prevent. IP right owners therefore seek to obtain emergency injunctive relief to stop trade show infringements immediately ...
Litigation Committee Charge,
2018
University of Minnesota Law School
Litigation Committee Charge, Litigation Committee Summit For Civil Rights
Law & Inequality: A Journal of Theory and Practice
No abstract provided.
Segregation Now, Segregation Tomorrow, Segregation Forever?,
2018
University of Minnesota Law School
Segregation Now, Segregation Tomorrow, Segregation Forever?, Elizabeth K. Julian
Law & Inequality: A Journal of Theory and Practice
No abstract provided.
The Summit For Civil Rights: Mission, Structure, And Initial Outcomes,
2018
University of Minnesota Law School
The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil
Law & Inequality: A Journal of Theory and Practice
No abstract provided.
Allocation Rules And The Stability Of Mass Tort Class Actions,
2018
Georgetown University Law Center
Allocation Rules And The Stability Of Mass Tort Class Actions, Joshua C. Teitelbaum
Georgetown Law Faculty Publications and Other Works
This paper studies the effects of allocation rules on the stability of mass tort class actions. I analyze a two-stage model in which a defendant faces multiple plaintiffs with heterogeneous damage claims. In stage 1, the plaintiffs play a noncooperative coalition formation game. In stage 2, the class action and any individual actions by opt-out plaintiffs are litigated or settled. I examine how the method for allocating the class recovery interacts with other factors---the shape of the damage claims distribution, the scale benefits of the class action, and the plaintiffs' probability of prevailing at trial and bargaining power in settlement ...
A Better Balance For Federal Rules Governing Public Access To Appeal Records In Immigration Cases,
2018
New York University School of Law
A Better Balance For Federal Rules Governing Public Access To Appeal Records In Immigration Cases, Nancy Morawetz
New York University Public Law and Legal Theory Working Papers
In the first year of the Trump Administration, the courts played a critical role in reviewing and shaping federal immigration policy. When nonprofits and states filed prominent cases challenging the “travel ban,” the public could follow the court process in real time, as new filings were published on the web. But this access to filings is highly unusual for immigration cases. Due to Federal Rules promulgated in 2009, there are special restrictions on access to immigration filings that mean that filings in cases that are less prominent are impossible to access electronically. Thus, as immigration enforcement continues to ratchet up ...
Incorporating Litigation Perspectives To Enhance The Business Associations Course,
2018
Selected Works
Incorporating Litigation Perspectives To Enhance The Business Associations Course, Ann M. Scarlett
Ann M. Scarlett
No abstract provided.
Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018,
2018
Roger Williams University School of Law
Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan
Law School Blogs
No abstract provided.
Bankruptcy’S Uneasy Shift To A Contract Paradigm,
2018
University of Pennsylvania Law School
Bankruptcy’S Uneasy Shift To A Contract Paradigm, David A. Skeel Jr., George Triantis
Faculty Scholarship
The most dramatic development in twenty-first century bankruptcy practice has been the increasing use of contracts to shape the bankruptcy process. To explain the new contract paradigm—our principal objective in this Article-- we begin by examining the structure of current bankruptcy law. Although the Bankruptcy Code of 1978 has long been viewed as mandatory, its voting and cramdown rules, among others, invite considerable contracting. The emerging paradigm is asymmetric, however. While the Code and bankruptcy practice allow for ex post contracting, ex ante contracts are viewed with suspicion.
We next use contract theory to assess the two modes of ...
The Husky Case: Fraud, Bankruptcy, And Veil Piercing,
2018
Brooklyn Law School
The Husky Case: Fraud, Bankruptcy, And Veil Piercing, Harvey Gelb
Brooklyn Journal of Corporate, Financial & Commercial Law
A recent Supreme Court decision, Husky International Electronics, Inc. v. Ritz, explores the meaning of the word “fraud” under a federal bankruptcy statutory section. That section uses the term “actual fraud,” and bears upon the question of whether a particular debt should be denied a discharge. The Court’s approach in defining fraud affords guidance to the question of defining fraud under other statutes. The Husky case also raised a veil piercing issue to be dealt with on remand. That issue involved the application of Texas statutory law precluding veil piercing in cases brought by contract creditors unless they were ...
A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements,
2018
Brooklyn Law School
A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky
Brooklyn Journal of Corporate, Financial & Commercial Law
Recently, federal circuit courts have presented contrasting outcomes regarding the legality of mandatory class action waivers in arbitration agreements. More specifically, these outcomes vary on whether such waivers violate the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA), and importantly, whether it is possible for these statutes to coexist with the Federal Arbitration Act (FAA). The Second, Fifth, and Eighth Circuits have previously held that the act of an employer requiring employees to sign class action waivers in arbitration agreements posed no violation to either the FLSA or the NLRA. However, in May 2016, the Seventh ...
