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Full-Text Articles in Law
Trial Practice And Procedure, Brandon L. Peak, Tedra L. Cannella, Robert H. Snyder, David T. Rohwedder, Joseph M. Colwell, Christopher B. Mcdaniel, Rory A. Weeks, Ramsey B. Prather
Trial Practice And Procedure, Brandon L. Peak, Tedra L. Cannella, Robert H. Snyder, David T. Rohwedder, Joseph M. Colwell, Christopher B. Mcdaniel, Rory A. Weeks, Ramsey B. Prather
Mercer Law Review
This Article addresses several significant opinions and legislation of interest to the Georgia civil trial practitioner issued during the June 1, 2016 to May 31, 2017 survey period.
Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr
Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr
Mercer Law Review
The past year saw a mix of results in class-action litigation in the United States Court of Appeals for the Eleventh Circuit. with both plaintiffs and defendants notching victories in class certification controversies. Of significance to class-action practice was the court's first foray into applying the challenging new Article III standing decision of the Supreme Court of the United States, Spokeo, Inc. v. Robins. The court also continued to address arbitration issues arising in putative class actions, while the prospects for curbing the availability of arbitration as an alternative to class litigation appeared to fade with the changing political …
Trial Practice And Procedure, John O'Shea Sullivan, Ashby K. Fox, Tala Amirfazli
Trial Practice And Procedure, John O'Shea Sullivan, Ashby K. Fox, Tala Amirfazli
Mercer Law Review
The 2016 survey period yielded noteworthy decisions relating to federal trial practice and procedure in the United States Court of Appeals for the Eleventh Circuit,I several of which involved issues of first impression. This Article analyzes recent developments in the Eleventh Circuit, including significant rulings in the areas of statutory interpretation and class actions.
The End Of Low-Value Consumer Class Action Lawsuits?: The Federal Circuit Split On The Ascertainability Requirement For Class Certification, Kyle Harris Timmons
The End Of Low-Value Consumer Class Action Lawsuits?: The Federal Circuit Split On The Ascertainability Requirement For Class Certification, Kyle Harris Timmons
Mercer Law Review
This Comment seeks to address the growing circuit split on the ascertainability requirement of class action lawsuits. The split centers around what Rule 23 of the Federal Rules of Civil Procedure' explicitly states are the requirements for class certification and what some courts have read into Rule 23. Under the high standard, creating a plan or proposing a method with which to identify purported class members is not enough to satisfy the ascertainability requirement. Instead, a class must show that evidentiary means exist and are readily obtainable to support the proposed method of identifying the case. Conversely, under the low …