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Articles 1 - 4 of 4
Full-Text Articles in Law
What Do I Have To Do To Get Paid Around Here?: Rule 26(B)(4)(E)(I) And The Qualms Regarding Expert Deposition Preparation Time, Brett Lawrence
What Do I Have To Do To Get Paid Around Here?: Rule 26(B)(4)(E)(I) And The Qualms Regarding Expert Deposition Preparation Time, Brett Lawrence
Washington and Lee Law Review
No abstract provided.
Mandating Rule 11 Sanctions? Here We Go Again!, Edward D. Cavanagh
Mandating Rule 11 Sanctions? Here We Go Again!, Edward D. Cavanagh
Washington and Lee Law Review Online
The House of Representatives has passed H.R. 720, a bill that would amend Rule 11 of the Federal Rules of Civil Procedure by re‑instituting mandatory sanctions for Rule 11 violations and essentially restoring Rule 11 to its contents under the 1983 amendments to the Federal Rules of Civil Procedure. The legislation would mandate imposition of monetary sanctions and eliminate any restrictions on when a Rule 11 motion could be filed. The bill would thus scuttle the 1993 Amendments, which (1) entrusted the sanctions decision to the sound discretion of the trial court; (2) provided a 21‑day safe harbor period that …
Measuring A Civil-Discovery Sanction For Failure To Turn Over Requested Material: Goodyear Tire V. Haeger (15-1406), Doug Rendleman
Measuring A Civil-Discovery Sanction For Failure To Turn Over Requested Material: Goodyear Tire V. Haeger (15-1406), Doug Rendleman
Scholarly Articles
A sanction that is unrelated to misconduct is criminal and requires criminal instead of civil procedure. In a product liability lawsuit, the respondent, Goodyear, failed to turn over important tests before the parties settled. The petitioners, the Haegers—a couple who alleged Goodyear’s tires caused injuries—sought approval of a sanction based on their attorney fees. Complex and technical civil procedural rules and statutes, contempt, and the court’s inherent power will govern the Supreme Court’s decision. The issue before the Court is the specificity of the causal link between Goodyear’s misconduct and the amount of the civil sanction.
Precedent And Preclusion, Alan M. Trammell
Precedent And Preclusion, Alan M. Trammell
Scholarly Articles
Preclusion rules prevent parties from revisiting matters that they have already litigated. A corollary of that principle is that preclusion usually does not apply to nonparties, who have not yet benefited from their own “day in court.” But precedent works the other way around. Binding precedent applies to litigants in a future case, even those who never had an opportunity to participate in the precedent-creating lawsuit. The doctrines once operated in distinct spheres, but today they often govern the same questions and apply under the same circumstances, yet to achieve opposite ends. Why, then, does due process promise someone a …