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Litigation

1999

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Articles 1 - 30 of 94

Full-Text Articles in Law

Constitutional Law -- Due Process Clause -- Third Circuit Holds That $50 Million Punitive Damages Award In Context Of A $48 Million Compensatory Award Is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. V. Ebi Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer Dec 1999

Constitutional Law -- Due Process Clause -- Third Circuit Holds That $50 Million Punitive Damages Award In Context Of A $48 Million Compensatory Award Is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. V. Ebi Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer

Faculty Publications

In 1996, the Supreme Court, in BMW of North America, Inc. v. Gore, struck down a punitive damages award on the ground that it was "grossly excessive" in violation of the Due Process Clause of the Fourteenth Amendment . Since BMW, many courts have faced the challenge of applying its principles to determine whether punitive damages awards surpass the constitutional limit. Last June, in Inter Medical Supplies, Ltd. v. EBI Medical Systems, Inc., the Third Circuit faced this difficulty when it considered whether a $50 million punitive damages award, granted in conjunction with a $48 million compensatory damages award, was excessive ...


Jury Trial Techniques In Complex Civil Litigation, Ronald S. Longhofer Dec 1999

Jury Trial Techniques In Complex Civil Litigation, Ronald S. Longhofer

University of Michigan Journal of Law Reform

Ronald Longhofer, an experienced litigator, discusses the challenges inherent in trying a complex civil case to a jury. He explores aspects of complex litigation that often impede jurors from effectively hearing such cases. In conclusion, he suggests litigation techniques which have proved successful in overcoming such obstacles and effectively translating complex evidence to jurors.


The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman Dec 1999

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman

University of Michigan Journal of Law Reform

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of afield experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of ...


The Role Of "Stories" In Civil Jury Judgments, Reid Hastie Dec 1999

The Role Of "Stories" In Civil Jury Judgments, Reid Hastie

University of Michigan Journal of Law Reform

A brief review of psychological theories of juror decision making is followed by an introduction to "explanation-based" theories of judgment. Prior empirical studies of explanation-based processes in juror decision making are then reviewed. An original empirical study of jurors' judgments concerning liability for punitive damages is presented to illustrate the explanation-based approach to civil decisions.


Creating A Seamless Transition From Jury Box To Jury Room For More Effective Decision Making, Annie King Phillips Dec 1999

Creating A Seamless Transition From Jury Box To Jury Room For More Effective Decision Making, Annie King Phillips

University of Michigan Journal of Law Reform

Why am I writing here? I am not a judge or lawyer, and I may never be. I don't even play one on TV. In searching for an answer to this question, it came to mind that at sometime in everyone's life, there is a need to enter the court system-as a victim, offender, witness, court staff or juror. The interactions among these persons impact the effective administration of justice in our court system. Every two years for the past eighteen years (like the tick of a clock), I am summoned to jury duty at either the District ...


Jury Trials In The Heartland, Stephen E. Chappelear Dec 1999

Jury Trials In The Heartland, Stephen E. Chappelear

University of Michigan Journal of Law Reform

In this Article, Stephen Chappelear draws on his study of civil jury trials in the Franklin County Court of Common Pleas in Columbus, Ohio. He concludes that trial by jury results in justice. Despite the popular belief that juries are modern day Robin Hoods, empirical data suggests that their verdicts are lower than commonly believed.


Financing Plaintiffs' Lawsuits: An Increasingly Popular (And Legal) Business, Susan Lorde Martin Dec 1999

Financing Plaintiffs' Lawsuits: An Increasingly Popular (And Legal) Business, Susan Lorde Martin

University of Michigan Journal of Law Reform

In the late eighties and early nineties there were a few publicized cases in which the plaintiffs invited investors to finance their litigation in exchange for a share of the awards if the plaintiffs won. This kind of arrangement provides access to the justice system which might otherwise be denied impecunious plaintiffs with meritorious claims. The problem with this kind of arrangement is that it is champerty, which is prohibited in most states. This Article discusses Massachusetts' recent rejection of the champerty prohibition, the expansion of exceptions to the prohibition in this country and others, and the emergence of firms ...


Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell, Matthew E. Cook Dec 1999

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell, Matthew E. Cook

Mercer Law Review

This survey period yielded several notable decisions covering the professional malpractice affidavit/pleading requirement, renewal actions, attorney-client relations, and the summary judgment standard. Refinements in the areas of insurance practice, jury qualifications, releases, default judgment, and privileges lend important guidance to practitioners, judges, and scholars in the area of trial practice and procedure. The most significant legislative development of trial practice and procedure addressed the longstanding "vanishing venue" doctrine.


The Influence Of Race In School Finance Reform, James E. Ryan Nov 1999

The Influence Of Race In School Finance Reform, James E. Ryan

Michigan Law Review

It would be an exaggeration to say that school finance reform is all about race, but largely in the same way that it is an exaggeration to say that welfare reform is all about race. Like welfare reform, the controversy generated by school finance litigation and reform has, on the surface, little to do with race. Battles over school funding, which have been waged in nearly forty state supreme courts and at least as many state legislatures, instead appear to be over such issues as the redistribution of resources, retaining local control over education, and the efficacy of increased expenditures ...


How Much Justice Hangs In The Balance? A New Look At Hung Jury Rates, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman Oct 1999

How Much Justice Hangs In The Balance? A New Look At Hung Jury Rates, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman

Cornell Law Faculty Publications

Reports of apparent increases in the number of hung juries in some jurisdictions have caused concern among policy makers. A 1995 report by the California District Attorneys Association cited hung jury rates in 1994 that exceeded 15 percent in some jurisdictions (the rates varied from 3 to 23 percent across the nine counties for which data were available). In 1996, the District of Columbia Superior Court reported a higher-than-expected hung jury rate of 11 percent. Why juries hang at these rates isn't clear, but some commentators have claimed that hung juries are the product of eccentric or nullifying holdout ...


A Defense Of Analogical Reasoning In Law, Emily Sherwin Oct 1999

A Defense Of Analogical Reasoning In Law, Emily Sherwin

Cornell Law Faculty Publications

This Article defends the practice of reasoning by analogy on the basis of its epistemic and institutional advantages. The advantages identified for analogical reasoning include that it produces a wealth of data for decisonmaking; it represents the collaborative effort of a number of judges over time; it tends to correct biases that might lead judges to discount the force of prior decisions; and it exerts a conservative force in law, holding the development of law to a gradual pace. Notably, these advantages do not depend on the rational force of analogical reasoning. Rather, the author contends that, as open-ended reasoning ...


The Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel Sep 1999

The Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel

Boston College Law School Faculty Papers

This article discusses the controversy regarding neutral procedural rules. It focuses on the claim that the 1983 version of Rule 11 had a disproportionate impact upon civil rights cases, thereby violating the norm of procedural neutrality. By looking at this claim about the impact of Rule 11 on civil rights cases, we can evaluate whether the 1983 version of Rule 11 violated the norm of procedural neutrality, and also understand the different ways that the concept of procedural neutrality is used. This exploration will help us understand the larger debate regarding the neutrality of procedural rules and to make connections ...


Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby Jul 1999

Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby

The Journal of Appellate Practice and Process

A justice of Australia's highest court gives advice to appellate advocates. The essay begins with an overview of Australia’s judicial structure. The discussion then focuses on ten rules for appellate advocacy.


Federal Rule Of Civil Procedure 23(F): Interlocutory Appeals Of Class Action Certification Decisions, Kenneth S. Gould Jul 1999

Federal Rule Of Civil Procedure 23(F): Interlocutory Appeals Of Class Action Certification Decisions, Kenneth S. Gould

The Journal of Appellate Practice and Process

This article discusses the significance of Federal Rule of Civil Procedure 23(f). The article's review of Rule 23(f) includes the importance of class certification decisions and appellate review of certifications, historical imitations on appellate review of certifications, rationale for allowing appeal of interlocutory certification, operation of rule 23(f), the first application of the rule, and prospects of Rule 23(f) achieving its goals.


Oral Argument’S Big Challenge: Fielding Questions From The Court, Jason Vail Jul 1999

Oral Argument’S Big Challenge: Fielding Questions From The Court, Jason Vail

The Journal of Appellate Practice and Process

This article contains advice for handling questions during oral argument .


Trial Practice And Procedure, Philip W. Savrin, Robert W. Capobianco Jul 1999

Trial Practice And Procedure, Philip W. Savrin, Robert W. Capobianco

Mercer Law Review

This Article surveys the 1998 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.

II. STATUTE OF LIMITATIONS

III. JURISDICTIONAL ISSUES

IV. PREEMPTION

V. ABSTENTION

VI. APPELLATE JURISDICTION

VII. MISCELLANEOUS


Appellate Practice And Procedure, William M. Droze, Andrea L. Siedlecki Jul 1999

Appellate Practice And Procedure, William M. Droze, Andrea L. Siedlecki

Mercer Law Review

Appellate practice and procedure often dictates the resolution of cases presented for review. Although procedural rules are not implemented in a vacuum, and the particular facts and legal questions raised by each case necessarily determine their application, an analysis of appellate practice provides a valuable tool in assessing judicial trends by portraying the judicial character in a manner that transcends the peculiar circumstances of a given case.

An evaluation of recent appellate practice reveals an increased emphasis on judicial economy and efficiency. During 1998, the Eleventh Circuit appeared aware of the necessity of providing practitioners, parties, and lower courts with ...


Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice Jun 1999

Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice

American University Law Review

No abstract provided.


A Second Look At Amended Rule 11 , Theodore C. Hirt Jun 1999

A Second Look At Amended Rule 11 , Theodore C. Hirt

American University Law Review

No abstract provided.


Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith Jun 1999

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this ...


Legal Opinions In Corporate Transactions Affected By Fcc Regulation: An Economic Approach, John C. Quale, Brian D. Weimer May 1999

Legal Opinions In Corporate Transactions Affected By Fcc Regulation: An Economic Approach, John C. Quale, Brian D. Weimer

Federal Communications Law Journal

In 1996, a subcommittee of the Federal Communications Bar Association published a report on legal opinion practice in corporate transactions involving FCC licensees (the FCBA Report). The FCBA Report, although inspired by the American Bar Association’s Legal Opinion Accord and Guidelines (the Accord), deviated from the Accord in many important respects. The FCBA Report likewise is at variance with the recent report of the TriBar Opinion Committee (the TriBar Report), which presents a comprehensive treatment of customary legal opinion practice. Given recent developments in case law expanding the liability of lawyers to third parties for their legal opinions, the ...


Shopping For Judges: An Empirical Analysis Of Venue Choice In Large Chapter 11 Reorganizations, Theodore Eisenberg, Lynn M. Lopucki May 1999

Shopping For Judges: An Empirical Analysis Of Venue Choice In Large Chapter 11 Reorganizations, Theodore Eisenberg, Lynn M. Lopucki

Cornell Law Faculty Publications

For almost two decades, an embarrassing pattern of forum shopping has been developing in the highly visible world of big-case bankruptcy reorganization. Forum shopping--defined here as the act of filing in a court that does not serve the geographical area of the debtor's corporate headquarters--now occurs in more than half of all big-case bankruptcies. Two jurisdictions have attracted most of the forum shoppers. During the 1980s, when a large portion of the shopping was to New York, the lawyers involved asserted that New York was a natural venue because of its role as the country's financial capital and ...


Multiple Conceptions Of Case Rounds, Alan Minuskin Apr 1999

Multiple Conceptions Of Case Rounds, Alan Minuskin

Alan D. Minuskin

No abstract provided.


Criminal Fraud , Ellen S. Podgor Apr 1999

Criminal Fraud , Ellen S. Podgor

American University Law Review

No abstract provided.


The New Casuistry, Paul R. Tremblay Apr 1999

The New Casuistry, Paul R. Tremblay

Boston College Law School Faculty Papers

No abstract provided.


The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker Mar 1999

The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker

Akron Law Publications

No abstract provided.


The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker Feb 1999

The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker

Robert L Tucker

No abstract provided.


Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit Jan 1999

Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit

Nancy Levit

A hazard lurks in any but the most careful representation of another's viewpoint. Call it "slippage" or the "essentialist error," the point is that communication rarely does complete justice to its object. The problem is compounded when the communication is mediated. We all know that between a story and its retelling, something will get lost in translation. Consider feminism, gay legal theory, and critical race theory, and their depictions in academic journals and the popular media. Newspapers and news magazines have recently published a spate of academic trash talk accusing critical race theorists of "playing the race card" and ...


Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger Jan 1999

Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger

Margo Schlanger

No abstract provided.


Moot Court Board, 1999-2000, Kellie Casey Monk Jan 1999

Moot Court Board, 1999-2000, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.