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Articles 1 - 7 of 7
Full-Text Articles in Law
Revitalization Of The International Judicial Assistance Procedures Of The United States: Service Of Documents And Takings Of Testimony, Richard F. Gerber
Revitalization Of The International Judicial Assistance Procedures Of The United States: Service Of Documents And Takings Of Testimony, Richard F. Gerber
Michigan Law Review
This comment will examine two aspects of such judicial assistance-service. of documents and taking of testimony-and it will analyze each from the viewpoint of assistance obtained abroad in aid of American litigation as well as assistance rendered within the United States in aid of foreign litigation. It will attempt to survey some of the problems involved in securing performance of these acts, indicate the changes in current practice which are likely to result from the revisions of the Federal Rules of Civil Procedure and the proposed amendments to the Judicial Code, and, last, suggest some additional measures which might promote …
Federal Civil Procedure-Existence Of Federal Cause Of Action For Abuse Of Federal Process, Laurence D. Connor
Federal Civil Procedure-Existence Of Federal Cause Of Action For Abuse Of Federal Process, Laurence D. Connor
Michigan Law Review
Petitioner was served with a subpoena ordering him to appear before the House Committee on Un-American Activities. He subsequently brought an action in federal district court asking for damages and injunctive relief and praying that the subpoena be declared void and of no effect. He alleged it had been signed in blank by the Committee chairman and that respondent, an investigator for the Committee without delegated subpoena power, had filled in petitioner's name without authorization and caused it to be served on him at his place of employment. Petitioner also alleged that respondent intended to subject him to public shame …
The Work Product Doctrine In The State Courts, John S. Holbrook Jr.
The Work Product Doctrine In The State Courts, John S. Holbrook Jr.
Michigan Law Review
When the modem Federal Rules of Civil Procedure were adopted in 1938, considerable doubt and controversy arose concerning the broad provisions for deposition and discovery. That controversy can be fairly described as a conflict both of emotion and of basic philosophy. Many lawyers engaged in the daily maneuvering of the adversary process naturally tended to defend a system which put a high premium on their individual abilities. Others were able to stand back and look at the trial practice of the day with some concern for basic incongruities. Too often, they felt, the obtaining of truth in fair trials was …
Civil Procedure- Venue-Effect Of Contract Provision Fixing Venue As To Future Litigation, Robert C. Bonges
Civil Procedure- Venue-Effect Of Contract Provision Fixing Venue As To Future Litigation, Robert C. Bonges
Michigan Law Review
Defendants, residents of Harris County, Texas, executed in Harris County a conditional sale contract to purchase a food freezer from plaintiff's assignor. One of the contract provisions was that any suit on the contract was to be tried in Travis County, Texas. Plaintiff subsequently brought an action on the contract in Travis County, and defendants, contrary to their agreement, requested the trial court to transfer the action to a court of proper jurisdiction in Harris County, which was the proper county for suit under the applicable venue statute. In response, plaintiff argued that, since the contract created an obligation performable …
Antitrust Civil Process Act-Requirements For A Civil Investigative Demand, Mary Mandana Long
Antitrust Civil Process Act-Requirements For A Civil Investigative Demand, Mary Mandana Long
Michigan Law Review
Petitioner sought an order from the United States District Court for the District of Minnesota modifying or setting aside a Civil Investigative Demand served upon it by the Antitrust Division of the Department of Justice. The demand was issued pursuant to the Antitrust Civil Process Act, which provides a compulsory pre-complaint procedure through which the Department of Justice may obtain documentary information upon which it can make a determination of whether there has occurred a violation of the antitrust laws. Section 1312(b) of the act requires that the demand state the nature of the conduct constituting the alleged violation, recite …
Federal Civil Procedure-Venue-Effect Of 1948 Judicial Code Definition Of Corporate Residence On Venue Under The Jones Act, Mary Mandana Long
Federal Civil Procedure-Venue-Effect Of 1948 Judicial Code Definition Of Corporate Residence On Venue Under The Jones Act, Mary Mandana Long
Michigan Law Review
Plaintiff seaman, having been injured while serving on a vessel owned and operated by the defendant corporations, brought a civil action in federal district court alleging claims for negligence under the Jones Act, for unseaworthiness, and for maintenance and cure. The venue provision of the Jones Act requires that actions under it be brought in the district in which the defendant employer resides or in which his principal office is located. Plaintiff filed his complaint in the Western District of Pennsylvania although defendants were incorporated and maintained their principal offices in Louisiana. Defendants' motions to dismiss on the ground of …
Civil Procedure-Judgements-Mutuauty As Requirement For Assertion Of Collateral Estoppel Against Claimant Who Was Claimee In Prior Action, William E. Wickens
Civil Procedure-Judgements-Mutuauty As Requirement For Assertion Of Collateral Estoppel Against Claimant Who Was Claimee In Prior Action, William E. Wickens
Michigan Law Review
Plaintiff corporations, the sole shareholder of which was their president, sued defendant insurers to recover for the alleged theft of the corporations' furs. In an earlier criminal action, the president (conceded by the corporations to be their mere alter ego for purposes of res judicata) had been convicted of attempted grand theft, conspiracy to commit grand theft, and the filing of fraudulent insurance claims for loss of the same furs; it was there determined that the president had staged the theft of the furs. In plaintiffs' civil action, the superior court rejected defendants' plea of collateral estoppel as to the …