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Full-Text Articles in Law
Court Examination Of The Discovery File On A Motion For Summary Judgment, Michigan Law Review
Court Examination Of The Discovery File On A Motion For Summary Judgment, Michigan Law Review
Michigan Law Review
This Note examines the history and ambiguous language of rule 56 to determine whether courts have a duty to examine the discovery file before granting a summary judgment. Section I discusses courts' differing interpretations of the rule. Section II shows that the Supreme Court Advisory Committee which drafted the rule contemplated that courts would examine routinely filed discovery materials when considering a motion for summary judgment. Section III concludes, however, that the expansion of pre-trial discovery since the enactment of the federal rules renders such a trial court duty inconsistent with the drafters' intent that the rules "be construed to …
The Applicability Of Rule 23(E) To Precertification Proceedings: The Functional Approach Applied, Kevin Silverang
The Applicability Of Rule 23(E) To Precertification Proceedings: The Functional Approach Applied, Kevin Silverang
Villanova Law Review
No abstract provided.
Federal Practice And Procedure - Comment - Appealability And Finality In The Third Circuit - Is The United States Supreme Court More Appealing Than The Third Circuit, Gary A. Rome
Villanova Law Review
No abstract provided.
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
Cleveland State Law Review
The American judicial system must necessarily rely on a steady flow of dispositions of cases by settlement lest it collapse because of a demand for trials beyond the ability of the courts to try cases. Settlements are achieved through a variety of procedures and techniques, yet many cases result in trials because of the uncertainty about prospective juror perceptions that pervades settlement discussions. Summary trial helps to eliminate this element of uncertainty and, at the same time, provides an additional basis for settlement of cases otherwise committed to trial. This is not to suggest that trial is to be avoided …
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
Cleveland State Law Review
The American judicial system must necessarily rely on a steady flow of dispositions of cases by settlement lest it collapse because of a demand for trials beyond the ability of the courts to try cases. Settlements are achieved through a variety of procedures and techniques, yet many cases result in trials because of the uncertainty about prospective juror perceptions that pervades settlement discussions. Summary trial helps to eliminate this element of uncertainty and, at the same time, provides an additional basis for settlement of cases otherwise committed to trial. This is not to suggest that trial is to be avoided …
Discovery Problems In Civil Cases, Barlow F. Burke, Joseph L. Ebersole
Discovery Problems In Civil Cases, Barlow F. Burke, Joseph L. Ebersole
Barlow F. Burke