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Full-Text Articles in Law
Mootness Fees, Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon, Randall Thomas
Mootness Fees, Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon, Randall Thomas
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In response to a sharp increase in litigation challenging mergers, the Delaware Chancery Court issued the 2016 Trulia decision, which substantively reduced the attractiveness of Delaware as a forum for these suits. In this Article, we empirically assess the response of plaintiffs’ attorneys to these developments. Specifically, we document a troubling trend—the flight of merger litigation to federal court where these cases are overwhelmingly resolved through voluntary dismissals that provide no benefit to the plaintiff class but generate a payment to plaintiffs’ counsel in the form of a mootness fee. In 2018, for example, 77% of deals with litigation were …
Just And Speedy: On Civil Discovery Sanctions For Luddite Lawyers, Michael Thomas Murphy
Just And Speedy: On Civil Discovery Sanctions For Luddite Lawyers, Michael Thomas Murphy
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This article presents a theoretical model by which a judge could impose civil sanctions on an attorney - relying in part on Rule 1 of the Federal Rules of Civil Procedure - for that attorney’s failure to utilize time- and expense-saving technology.
Rule 1 now charges all participants in the legal system to ensure the “just, speedy and inexpensive” resolution of disputes. In today’s litigation environment, a lawyer managing a case in discovery needs robust technological competence to meet that charge. However, the legal industry is slow to adopt technology, favoring “tried and true” methods over efficiency. This conflict is …
Rethinking Summary Judgment Empirics: The Life Of The Parties, Jonah B. Gelbach
Rethinking Summary Judgment Empirics: The Life Of The Parties, Jonah B. Gelbach
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No abstract provided.
Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank
Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank
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No abstract provided.