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Articles 1 - 6 of 6
Full-Text Articles in Law
Fiat Lux: Tracing A Standard Of Review For Class-Certification Orders, Curtis E.A. Karnow
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.
When Dicta Attacks: Elliott V. Commodity Futures Trading Commission, Joanna E. Barnes
When Dicta Attacks: Elliott V. Commodity Futures Trading Commission, Joanna E. Barnes
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Damage Is Done: Ordering A New Trial Based Only On Damages, Katherine Kubale, Richard Bales
The Damage Is Done: Ordering A New Trial Based Only On Damages, Katherine Kubale, Richard Bales
Pepperdine Law Review
Federal Rule of Civil Procedure 59(a) allows trial courts to grant new trials to any or all of the parties, on any or all of the issues, including damages. However, the federal circuits are split on how to handle new trials based solely on damages. One croup of circuits grants partial new trials on damages alone only if the erroneous damage amount did not in any way affect the determination of any other issue. Under this standard, a new trial on damages is allowed when the second jury can evaluate the first damage award without also re-examining other issues, such …
Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer
Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer
Scholarly Articles
None available.
Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson
Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson
The Journal of Appellate Practice and Process
No abstract provided.
Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper
Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper
Articles
My text is a single and rather simple sentence from Rule 52(a) of the Federal Rules of Civil Procedure: Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. My theme is equally simple.. Rule 52(a) serves a vital institutional role in allocating the responsibility and the power of decision between district courts and the courts of appeals. The "dearly erroneous" standard of appellate review established by the Rule is a …