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Full-Text Articles in Law
Trial Practice And Procedure, Jason Crawford, J. Clay Fuller, Dustin T. Brown, Kate S. Cook, E. Wycliffe Orr
Trial Practice And Procedure, Jason Crawford, J. Clay Fuller, Dustin T. Brown, Kate S. Cook, E. Wycliffe Orr
Mercer Law Review
This survey period included significant legislative changes and yielded several interesting and important decisions to practitioners who prepare and try cases. This Article addresses judicial opinions that cover, among other topics that interest the trial practitioner, issues of damages, discovery, products liability, torts, standing, and sovereign immunity. The Article also highlights important changes in Georgia's statutory law that significantly impact trial practice.
Appellate Practice And Procedure, K. Todd Butler
Appellate Practice And Procedure, K. Todd Butler
Mercer Law Review
This Article reviews federal appellate procedure developments in the Eleventh Circuit during the 2004 calendar yea. As is the case each year, perhaps the most important procedural matter the Eleventh Circuit Court of Appeals considered was its own federal subject matter jurisdiction and that of the district courts in the Eleventh Circuit. If a matter is within the subject matter jurisdiction of the federal courts, or the federal appellate jurisdiction of the Eleventh Circuit, then the final order rule, along with the exceptions to the final order rule, dominate the consideration of whether a decision is subject to review. The …
Class Actions, Thomas M. Byrne, Suzanne M. Alford
Class Actions, Thomas M. Byrne, Suzanne M. Alford
Mercer Law Review
The year 2004 was an eventful one for the development of class action law in the Eleventh Circuit. In a series of decisions prior to 2004, the court consistently paid close attention to whether the individual issues raised by claims or defenses would predominate over any common issues and would thereby render a class action either unmanageable or unfair. For example, in Andrews v. American Telephone & Telegraph Co., the court reversed an order certifying a class of millions of telephone service customers who challenged their phone carriers' 900-number participation because of the impossibility of applying the gaming laws …
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Mercer Law Review
The 2004 survey period yielded several noteworthy decisions relating to federal trial practice and procedure, many of which concerned issues of first impression in the Eleventh Circuit Court of Appeals. This Article analyzes several recent developments in the Eleventh Circuit, including significant rulings in the areas of evidence, civil procedure, statutory interpretation, jurisdiction, as well as other issues of interest to the trial practitioner.
Other People's Money: The Ethics Of Litigation Funding, Douglas R. Richmond
Other People's Money: The Ethics Of Litigation Funding, Douglas R. Richmond
Mercer Law Review
Litigation can be expensive, sometimes incredibly expensive. There are investigators to employ, expert witnesses to compensate, court reporters to pay, documents to photocopy or electronically image, travel expenses, demonstrative evidence to create, and so on. An attorney's time itself is valuable. A party's time is also valuable, and plaintiffs who are disabled as a result of injuries they have sustained may need money to live on. As a result, a wealthy litigant, who can outspend a poorer litigant, is generally at an advantage and may be able to obtain a favorable settlement through attrition.