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Articles 1 - 3 of 3
Full-Text Articles in Law
State Spoliation Claims In Federal District Courts, Jeffrey A. Parness
State Spoliation Claims In Federal District Courts, Jeffrey A. Parness
Catholic University Law Review
The increasing amounts of electronically stored information (ESI) relevant to civil litigation, and the ease of their loss, caused federal lawmakers explicitly to address the possible consequences of certain pre-suit or post-suit ESI losses. These lawmakers acted in both 2006 and 2015 through Federal Civil Procedure (FRCP) 37(e). But they acted only on certain ESI. Their actions have prompted increasing attention to the significant risks of pre-suit and post-suit losses of all ESI, and of non-ESI, otherwise discoverable in civil actions. In addition, their actions have spurred increasing attention to the availability of substantive law claims involving spoliation of information …
Illegal Agreements And The Lesser Evil Principle, Chunlin Leonhard
Illegal Agreements And The Lesser Evil Principle, Chunlin Leonhard
Catholic University Law Review
When parties enter into an illegal agreement and bring a dispute arising from the transaction before a court, the court finds itself in a difficult position. The court is faced with two competing interests: the importance of both upholding and protecting the dignity of the law and honoring inherent principles of U.S. contract law - freedom of contract and individual autonomy. There exists a common misconception that courts, when presented with illegal contracts, follow the rule of non-enforcement. However, an examination of case law indicates that courts are instead concerned with the consequences of their choices, and have consistently followed …
Marching To A Different Drummer: Are Lower Courts Faithfully Implementing The Evolving Due Process Guideposts To Catch And Correct Excessive Punitive Damages Awards, N. Williams Hines
Marching To A Different Drummer: Are Lower Courts Faithfully Implementing The Evolving Due Process Guideposts To Catch And Correct Excessive Punitive Damages Awards, N. Williams Hines
Catholic University Law Review
No abstract provided.