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

Litigation Commons

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

4,543 Full-Text Articles 3,178 Authors 1,644,915 Downloads 120 Institutions

All Articles in Litigation

Faceted Search

4,543 full-text articles. Page 91 of 96.

Attorney Fees And Expenses In Class Action Settlements: 1993–2008, Theodore Eisenberg, Geoffrey P. Miller 2010 Cornell Law School

Attorney Fees And Expenses In Class Action Settlements: 1993–2008, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Faculty Publications

We report on a comprehensive database of 18 years of available opinions (1993–2008, inclusive) on settlements in class action and shareholder derivative cases in state and federal courts. An earlier study, covering 1993–2002, revealed a remarkable relationship between attorney fees and class recovery size: regardless of the methodology for calculating fees ostensibly employed by the courts, the class recovery size was the overwhelmingly important determinant of the fee. The present study, which nearly doubles the number of cases in the database, confirms that relationship. Fees display the same relationship to class recoveries in both data sets and neither ...


The Case Of "Death For A Dollar Ninety-Five": Miscarriages Of Justice And Constructions Of American Identity, Mary L. Dudziak 2010 University of Southern California Law School

The Case Of "Death For A Dollar Ninety-Five": Miscarriages Of Justice And Constructions Of American Identity, Mary L. Dudziak

University of Southern California Legal Studies Working Paper Series

This is a story about a case long forgotten. It was a case that needed to be forgotten, to safeguard the meaning of American justice. The case of “Death for a Dollar Ninety-Five” began one July night in Marion, Alabama, in 1957, and soon captured the attention of the world. It involved an African American man, a white woman, and the robbery of a small amount of change late in the evening. The conviction was swift and the penalty was death. International criticism soon rained down on the Alabama Governor and the American Secretary of State, leading to clemency and ...


Taxing Structured Settlements, Gregg D. Polsky, Brant J. Hellwig 2010 University of Georgia School of Law

Taxing Structured Settlements, Gregg D. Polsky, Brant J. Hellwig

Scholarly Works

Congress has granted a tax subsidy to physically injured tort plaintiffs who enter into structured settlements. The subsidy allows these plaintiffs to exempt from the tax the investment yield imbedded within the structured settlement. The apparent purpose of the subsidy is to encourage physically injured plaintiffs to invest, rather than presently consume, their litigation recoveries. While the statutory subsidy by its terms is available only to physically injured tort plaintiffs, a growing structured settlement industry now contends that the same tax benefit of yield exemption is available to plaintiffs’ lawyers and non-physically injured tort plaintiffs under general, common-law tax principles ...


Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron 2010 Brooklyn Law School

Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron

Faculty Scholarship

No abstract provided.


Extraterritoriality As Standing: A Standing Theory Of The Extraterritorial Application Of The Securities Laws, Erez Reuveni 2010 Stanford Law School Center for Internet and Society; United States Department of Justice

Extraterritoriality As Standing: A Standing Theory Of The Extraterritorial Application Of The Securities Laws, Erez Reuveni

Erez Reuveni

This Article contends that the current treatment of the extraterritorial scope of the 1934 Securities Exchange Act as a question of subject matter jurisdiction is wrong. Although the Act is silent as to its extraterritorial application, for over forty years courts have analyzed the Act’s extraterritorial scope as a question of subject matter jurisdiction, relying on the so-called “conduct” and “effects” tests. Because courts apply these tests in an ad hoc, case-by-case manner, they are inherently unpredictable and unnecessarily complicated. This state of affairs has become particularly troublesome in recent years, as so-called “foreign-cubed” securities fraud lawsuits - lawsuits filed ...


Allocation Rules And The Stability Of Mass Tort Class Actions, Joshua C. Teitelbaum 2010 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. The author analyzes a two-stage model in which a defendant faces multiple plaintiffs with heterogeneous damage claims. In stage 1, the plaintiffs play a non-cooperative coalition formation game. In stage 2, the class action and any individual actions by opt-out plaintiffs are litigated or settled. He examines how the method for allocating the class recovery interacts with other factors--the shape of the damage claim distribution, the scale benefits of the class action, and the plaintiffs' probability of prevailing at trial and bargaining power in ...


Aggregation, Community, And The Line Between, Elizabeth Chamblee Burch 2010 University of Georgia School of Law

Aggregation, Community, And The Line Between, Elizabeth Chamblee Burch

Scholarly Works

As class-action theorists, we sometimes focus so heavily on the class certification threshold that we neglect to reassess the line itself. The current line asks whether procedurally aggregated individuals form a sufficiently cohesive group before the decision to sue. Given this symposium’s topic - the state of aggregate litigation and the boundaries of class actions in the decade after Amchem Products, Inc. v. Windsor and Ortiz v. Fibreboard Corp. - the time is ripe to challenge our assumptions about this line in non-class aggregation. Accordingly, this Article examines group cohesion and asks whether the current line is the only dividing line ...


Co-Presenter, Challenges Of Sameness, Alexis Anderson 2010 Boston College Law School

Co-Presenter, Challenges Of Sameness, Alexis Anderson

Alexis Anderson

No abstract provided.


The Law Of Surrogacy, Alan Minuskin 2010 Boston College Law School

The Law Of Surrogacy, Alan Minuskin

Alan D. Minuskin

Professionals who work with elders, as well as elders themselves, need to know fundamentally what devices are available under local law to help protect and advance the rights of a potentially unavailable or incapacitated person. The law on these matters is clear, but the ethical implications are messy.


Protección De Datos Personales, Bruno L. Costantini García, Norma E. Pimentel Méndez 2010 ITESM Campus Puebla

Protección De Datos Personales, Bruno L. Costantini García, Norma E. Pimentel Méndez

Bruno L. Costantini García

Introducción a la regulación de la protección de datos personales en México.


Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland 2010 University of Arkansas at Little Rock William H. Bowen School of Law

Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland

The Journal of Appellate Practice and Process

No abstract provided.


The Exxon Valdez Litigation Marathon: A Window On Punitive Damages, Catherine M. Sharkey 2010 NYU School of Law

The Exxon Valdez Litigation Marathon: A Window On Punitive Damages, Catherine M. Sharkey

New York University Law and Economics Working Papers

The Exxon Valdez litigation marathon - a protracted, two-decade-long battle over the propriety and constitutionality of the jury’s $5 billion punitive damages award - provides a window into the past, present, and future of punitive damages. Acting akin to a common law court under federal admiralty jurisdiction, the U.S. Supreme Court provided a template for lower courts to follow. Free of constitutional constraints, the Court diagnoses the problem with punitive damages - unpredictability - and propose a solution: a 1:1 ratio of punitive to compensatory damages. The flaws in the Court’s statistical analysis provide a reminder that those “unsophisticated in ...


Particularizing Patent Pleading: Pleading Patent Infringement In A Post-Twombly World, Jonathan L. Moore 2010 University of Richmond

Particularizing Patent Pleading: Pleading Patent Infringement In A Post-Twombly World, Jonathan L. Moore

Law Student Publications

The Supreme Court's recent jurisprudence has reinvigorated the role of pleading in civil litigation. As a result, in order to survive a motion to dismiss, plaintiffs must now include more detailed allegations that demonstrate a plausible entitlement to relief. This article examines how these changes interact with the pleading requirements for patent infringement litigation. In recent years, the number of patent infringement lawsuits has increased dramatically, in part because of lax notice pleading requirements. This patent litigation explosion imposes exorbitant costs on defendants and has a detrimental effect on innovation. As courts begin to apply the new plausibility pleading ...


The Exxon Valdez Litigation Marathon: A Window On Punitive Damages, Catherine M. Sharkey 2010 NYU School of Law

The Exxon Valdez Litigation Marathon: A Window On Punitive Damages, Catherine M. Sharkey

New York University Public Law and Legal Theory Working Papers

The Exxon Valdez litigation marathon - a protracted, two-decade-long battle over the propriety and constitutionality of the jury’s $5 billion punitive damages award - provides a window into the past, present, and future of punitive damages. Acting akin to a common law court under federal admiralty jurisdiction, the U.S. Supreme Court provided a template for lower courts to follow. Free of constitutional constraints, the Court diagnoses the problem with punitive damages - unpredictability - and propose a solution: a 1:1 ratio of punitive to compensatory damages. The flaws in the Court’s statistical analysis provide a reminder that those “unsophisticated in ...


The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen 2010 Liberty University

The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen

Faculty Publications and Presentations

The Bible plainly states that everyone must either "bring every thought into captivity to the obedience of Christ" or continue as "enemies in your mind." Un-Biblical thinking, like un-Bibical actions, leads one on a path away from God. Part II of this Article will briefly introduce a Biblical approach to thinking about contemporary issues and discuss how Christians can unwittingly abandon distinctively Biblical thinking under the guise of neutrality. Part III will present a number of cases that highlight the fallacy of neutrality in the battle between religious liberties and rights based on homosexual conduct. Part IV will contend that ...


Challenges In Mediating Landlord-Tenant Disputes, Alan Minuskin 2010 Boston College Law School

Challenges In Mediating Landlord-Tenant Disputes, Alan Minuskin

Alan D. Minuskin

Mediating landlord-tenant disputes presents many of the same mixture of interpersonal, legal, factual, strategic, and ethical dimension as other community-leve disputes, like family and employment mediation. The law is complex, the relationships between the parties are ongoing and may survive the dispute. A special skill set is needed to perform this work effectively.


Halabi Se Abre Camino En El Fuero Federal Adecuación De La Jurisprudencia De La Camara Federal Civil Y Comercial A La Doctrina De La Corte Suprema En Materia De Acciones De Clase)., Gabriel Martinez Medrano 2010 Universidad Nacional de Mar del Plata

Halabi Se Abre Camino En El Fuero Federal Adecuación De La Jurisprudencia De La Camara Federal Civil Y Comercial A La Doctrina De La Corte Suprema En Materia De Acciones De Clase)., Gabriel Martinez Medrano

Gabriel Martinez Medrano

Estudia la jurisprudencia del fuero federal civil y comercial en materia de class actions despues del precedente Halabi de la Corte Suprema


Speaker, “Case Update And Analysis: Matter Of Nachum Brisman V. Hebrew Academy”, Michael Helfand 2010 Pepperdine University

Speaker, “Case Update And Analysis: Matter Of Nachum Brisman V. Hebrew Academy”, Michael Helfand

Michael A Helfand

No abstract provided.


Zoya's Standing Problem, Or, When Should The Constitution Follow The Flag?, Jeffrey Kahn 2010 Southern Methodist University Dedman School of Law

Zoya's Standing Problem, Or, When Should The Constitution Follow The Flag?, Jeffrey Kahn

Michigan Law Review

Some federal courts have devised a new test of prudential standing that they use to dismiss suits filed by foreign plaintiffs alleging unlawful conduct by American officials abroad, even when these cases involve matters that may have nothing to do with foreign affairs, national security, or terrorism. Rather than decide the case on its merits or dismiss it on any number of legitimate grounds, the complaint is dismissed because the plaintiff lacks a "prior substantial connection" to the United States. I identify and critique this strange but proliferating test of standing. First, it is inconsistent with any theoretical view of ...


Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson 2010 Brigham Young University Law School

Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson

BYU Law Review

No abstract provided.


Digital Commons powered by bepress