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Articles 91 - 97 of 97
Full-Text Articles in Law
Pendant Party Jurisdiction And Section 1983: When Has Congress "By Implication Negated" Jurisdiction?, Peter E. Schomer
Pendant Party Jurisdiction And Section 1983: When Has Congress "By Implication Negated" Jurisdiction?, Peter E. Schomer
Fordham Urban Law Journal
This Note discusses how many lower federal courts, in deciding when to allow state claims to be brought in federal court under the doctrine of pendant party jurisdiction, have interpreted the Supreme Court's "Aldinger test" in a far more restrictive manner than what the Supreme Court had intended. Additionally, the Note traces the history of the doctrines of pendant jurisdiction, pendant party jurisdiction and ancillary jurisdiction. The Note also discusses of the dispute raging about the actual validity of pendant party jurisdiction, ,focusing particularly on section 1983 cases. In conclusion, the Note articulates the process and analysis a court must …
For Every Weapon, A Counterweapon: The Revival Of Rule 68, John P. Woods
For Every Weapon, A Counterweapon: The Revival Of Rule 68, John P. Woods
Fordham Urban Law Journal
Rule 68 of the Federal Rules of Civil Procedure applies generally where a non-moving party's settlement offer is rejected, and the court judgment awarded to the moving party, or claimant, is for less than the prior offer. The non-moving party may then be entitled to "costs incurred after the making of the offer." In Marek v. Chesny, the Court made it clear that "costs" includes attorney's fees. Congress should consider revising Rule 68 to clarify its application. However, Rule 68 appropriately induces plaintiffs to thoroughly consider a defendant's offer, under threat that rejection of the offer may include reducing attorney's …
Recent Developments In Conflicts Of Law Notes, Michael M. Martin
Recent Developments In Conflicts Of Law Notes, Michael M. Martin
Faculty Scholarship
No abstract provided.
The Effects Of Hensley V. Eckerhart On The Award Of Attorney's Fees, E. Wayne Powell
The Effects Of Hensley V. Eckerhart On The Award Of Attorney's Fees, E. Wayne Powell
Fordham Urban Law Journal
The traditional "American Rule" regarding attorney fees did not allow for prevailing parties to collect attorney's fees from the unsuccessful party. In response to the Supreme Court's decision in Alyeska v. Wilderness Society, which reaffirmed the American Rule and its limited exceptions, Congress passed the Civil Rights Attorneys Fees Award Act of 1976. In its wake, courts began awarding attorneys fees to prevailing parties. The Supreme Court's decision in Hensley v. Eckerhart, focused on the correlation between the degree of success of prevailing plaintiffs and the amount of the attorney's fees awarded. This Article discusses the effects on fee awards …
N.Y. General Municipal Law Section 50-E(5): Ameliorating New York's Notice Of Claim Requirements, Lawrence M. Nessenson, Lawrence M. Nessenson, Lawrence M. Nessenson, Lawrence M. Nessenson
N.Y. General Municipal Law Section 50-E(5): Ameliorating New York's Notice Of Claim Requirements, Lawrence M. Nessenson, Lawrence M. Nessenson, Lawrence M. Nessenson, Lawrence M. Nessenson
Fordham Urban Law Journal
A multitude of provisions scattered throughout New York's consolidated and unconsolidated laws require that plaintiffs serve "notice of claim" of their tort actions on defendant public corporations. New York General Municipal Law section 50-e governs New York procedure for serving this notice of claim upon public corporations including when and upon whom service should be made, the form and contents of the notice of claim, and how notice of claim may be served. Compliance with the requirements of section 50-e is a condition precedent to commencement of a tort action against a public corporation wherever such notice of claim is …
The Right To Disclosure Of Nlrb Documents Under The Freedom Of Information Act
The Right To Disclosure Of Nlrb Documents Under The Freedom Of Information Act
Fordham Urban Law Journal
This note analyzes the Freedom of Information Act (FOIA), especially as it pertains to the National Labor Relations Board (NLRB), which has been particularly affected by requests for disclosure of documents. The NLRB's function is to settle labor disputes and remedy unfair labor practices with a minimum of delay. The note argues that allowing Board proceedings to be enjoined via pre-hearing FOIA suits only encourages parties to use these suits as dilatory measures. The note suggests that the FOIA was never intended to be used as a tool of discovery and argues for a stop to the increase in discovery-injunction …
De Minimis Curat Lex, Brian G. Driscoll
De Minimis Curat Lex, Brian G. Driscoll
Fordham Urban Law Journal
There is a great deal of civil litigation in Urban areas and courts are unable to deal efficiently and justly with the cases that are brought before them. Additionally, there are many cases concerning a small amount of money and disputes in which citizens are in lower and middle economic classes that are never brought before the courts. The nature of the judicial system discourages these small claims but even these relatively small claims may be significant in relation to the income of some of these potential litigants. Handling this problem needs to be done through the small claims court. …