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Practice And Procedure, R. Neal Batson, Ben F. Johnson Iii
Practice And Procedure, R. Neal Batson, Ben F. Johnson Iii
Mercer Law Review
This article opened last year with a discussion of McGovern v. American Airlines, Inc. and the principle that it is the plaintiff's burden to allege and invoke federal jurisdiction. McGovern was undercut somewhat by the 1976 case of Skidmore v. Syntex Laboratories, Inc. Indeed, one dissenting judge argued that the Fifth Circuit was permitting jurisdiction even though the plaintiff had failed to make even a prima facie showing of essential jurisdictional facts. The plaintiff, a Texas citizen, brought a products-liability diversity action against one Delaware corporation and one Panamanian corporation. The plaintiff, even after substantial discovery, was unable to demonstrate …
Expert Witnesses And The Federal Rules Of Evidence, James W. Mcelhaney
Expert Witnesses And The Federal Rules Of Evidence, James W. Mcelhaney
Mercer Law Review
Brainerd Currie was already a legend when he came to Duke from the University of Chicago. I was a third-year law student then and took his course in Conflicts in the spring of 1962—a dazzling intellectual display centered around the hard practicalities of complex litigation. But Currie was more than just a great teacher and scholar. Too busy to take a vacation ("How can you talk about taking a trip to Europe, McElhaney? I'm too busy to go to Europe, and you're going to be practicing. "), he had time to talk with us after class; to drink a cup …