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Civil Procedure

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Selected Works

2008

Articles 1 - 8 of 8

Full-Text Articles in Law

The Case For Oral Argument In The Supreme Court Of Oklahoma, Andrew Coats, Joseph Thai Dec 2015

The Case For Oral Argument In The Supreme Court Of Oklahoma, Andrew Coats, Joseph Thai

Joseph T Thai

No abstract provided.

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"Defendant Veto" Or "Totality Of The Circumstances?": It's Time For The Supreme Court To Straighten Out The Personal Jurisdiction Standard Once Again, Robert J. Condlin May 2008

"Defendant Veto" Or "Totality Of The Circumstances?": It's Time For The Supreme Court To Straighten Out The Personal Jurisdiction Standard Once Again, Robert J. Condlin

Robert J. Condlin

Commentators frequently claim that there is no single, coherent doctrine of extra-territorial personal jurisdiction, and, unfortunately, they are correct. The International Shoe case, commonly (but inaccurately) thought of as the wellspring of the modern form of the doctrine, announced a relatively straightforward, two-factor, four-permutation test that worked well for resolving most cases. In the nearly sixty-year period following Shoe, however, as the Supreme Court expanded and refined the standard, what was once straightforward and uncomplicated became serendipitous and convoluted. Two general, and generally incompatible, versions of the doctrine competed for dominance. The first, what might best be described as a …

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Federal Preemption Hits Below The Belt, Stopping Common-Law Products Liability Claims For Pre- Market Approved Medical Devices, Dylan O. Malagrino Jan 2008

Federal Preemption Hits Below The Belt, Stopping Common-Law Products Liability Claims For Pre- Market Approved Medical Devices, Dylan O. Malagrino

Dylan Malagrinò

Recent cases have shown that federal preemption is a very powerful
defense for a pharmaceutical or medical-device manufacturer to use in
common law products liability litigation. A January 2008 decision by
the California Court of Appeals for the Second Appellate District (Seventh
Division) found that the rigorous federal pre-market approval process results
in federal preemption of common law tort claims for medical devices. In
doing so, this court made it nearly impossible for a plaintiff to bring a state
common law products liability action against a medical device manufacturer

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The Case For Oral Argument In The Supreme Court Of Oklahoma, Andrew M. Coats, Joseph T. Thai Dec 2007

The Case For Oral Argument In The Supreme Court Of Oklahoma, Andrew M. Coats, Joseph T. Thai

Andrew M. Coats

No abstract provided.

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Conceptualizing Complicity In Alien Tort Cases, Chimene I. Keitner Dec 2007

Conceptualizing Complicity In Alien Tort Cases, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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Justness! Speed! Inexpense! An Introduction To The Revolution Of 1938 Revisited: The Role And Future Of The Federal Rules, Steven S. Gensler Dec 2007

Justness! Speed! Inexpense! An Introduction To The Revolution Of 1938 Revisited: The Role And Future Of The Federal Rules, Steven S. Gensler

Steven S. Gensler

No abstract provided.

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Method To Bifurcate Class Actions For Common Determinations When Damages Issues Are Not Appropriate For Class Treatment, Dylan O. Malagrino Dec 2007

Method To Bifurcate Class Actions For Common Determinations When Damages Issues Are Not Appropriate For Class Treatment, Dylan O. Malagrino

Dylan Malagrinò

On October 1, 2007, the United States Supreme Court rejected an appeal
by tobacco companies and issued an order declining to review a 2006
Florida Supreme Court decision upholding the certification of a plaintiff
class of more than 700,000 smokers for a limited purpose (i.e., for the determination
of liability) and further holding that certain common liability findings
at trial can stand even after the decertification of the class for other purposes
(i.e., for the determination of compensatory damages). As a result, class
smokers may have a much easier burden to show they were misled by the
tobacco industry and …

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Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow Dec 2007

Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow

Donald J. Kochan

Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …

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