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Civil Procedure

University of Arkansas at Little Rock William H. Bowen School of Law

Journal

Civil procedure

Articles 1 - 4 of 4

Full-Text Articles in Law

Fiat Lux: Tracing A Standard Of Review For Class-Certification Orders, Curtis E.A. Karnow Oct 2016

Fiat Lux: Tracing A Standard Of Review For Class-Certification Orders, Curtis E.A. Karnow

The Journal of Appellate Practice and Process

No abstract provided.


Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter Apr 2016

Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter

The Journal of Appellate Practice and Process

No abstract provided.


Is Limited Remand Required If The District Court Admitted Or Excluded Evidence Without A Daubert Analysis?, Robert B. Gilbreath Apr 2015

Is Limited Remand Required If The District Court Admitted Or Excluded Evidence Without A Daubert Analysis?, Robert B. Gilbreath

The Journal of Appellate Practice and Process

No abstract provided.


Civil Procedure And Contract Law—Contractual Forum-Selection Clauses In Erie Cases: More Than Substance Or Procedure, James C. Mcneal Jan 2012

Civil Procedure And Contract Law—Contractual Forum-Selection Clauses In Erie Cases: More Than Substance Or Procedure, James C. Mcneal

University of Arkansas at Little Rock Law Review

The enforceability of forum-selection clauses is one of the most litigated jurisdictional issues in federal district courts. In a globalized society, forum-selection clauses reduce uncertainty. However, they present unique problems and, although they are liberally enforced by state and federal courts, forum-selection clauses are not always enforced by the forum court. Enforcement of forum-selection clauses is especially complex in diversity actions in federal court.

Forum-selection clauses appear substantive and often have substantive effects; however, they operate procedurally. Federal courts unanimously hold that the validity of a forum-selection clause is a procedural question and therefore the question of validity is decided …