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Full-Text Articles in Law
Frivolous Defenses, Thomas D. Russell
Frivolous Defenses, Thomas D. Russell
Cleveland State Law Review
This Article is about civil procedure, torts, insurance, litigation, and professional ethics. The Article is the opening article in a conversation with Stanford Law Professor Nora Freeman Engstrom, who has written about the plaintiffs’ bar and settlement mill attorneys. The empirical center of this piece examines 356 answers to 298 car crash personal injury cases in Colorado’s district courts. The Article situates these cases within dispute pyramid elements, including the total number of miles-traveled within Colorado and the volume of civil litigation. The Article then analyzes the defense attorneys’ departures from the Colorado Rules of Civil Procedure, especially Rule 8. …
Higher Burden For Ada Plaintiffs, Susan J. Becker
Higher Burden For Ada Plaintiffs, Susan J. Becker
Law Faculty Articles and Essays
Plaintiffs in Americans with Disabilities Act (ADA) cases have a signigicantly higher burden to show a disability due to a triliogy of recent decisions. This article examines this recent case law.
Supreme Court Revises Amicus Rules, Susan J. Becker
Supreme Court Revises Amicus Rules, Susan J. Becker
Law Faculty Articles and Essays
Last year the U.S. Supreme Court and the Seventh Circuit both reacted against the growing use of "friend of the court" briefs to advocate litigants' positions rather than to assist the court. Now several federal and state appellate courts are reviewing their rules on amicus submissions because of their own experiences and the Supreme Court and Seventh Circuit actions.
Will New Legislation Preempt State Court Class Actions?, Susan J. Becker
Will New Legislation Preempt State Court Class Actions?, Susan J. Becker
Law Faculty Articles and Essays
Proponents of 1995's federal securities litigation reform are proposing new legislation to prevent plaintiffs from using state court class actions to circumvent the restrictive federal rules. This article reviews these legislative proposals.
The Proposed Securities Private Enforcement Reform Act: The Introduction Of Proportionate Liability Into Rule 10b-5 Litigation, Alan S. Ritchie
The Proposed Securities Private Enforcement Reform Act: The Introduction Of Proportionate Liability Into Rule 10b-5 Litigation, Alan S. Ritchie
Cleveland State Law Review
The purpose of this note is to evaluate the ramifications of this particular proposed amendment to the 1934 Act. Part II will summarize the current status of the proposed bill and its provisions. Part I will briefly survey the history and requirements of the private cause of action under Rule 10b-5, particularly the scienter requirement because of its impact on the understanding of the proposed reform. Finally, Part l will address the justifications for the proposed reform, and the effects the reform will have on 10b-5 litigation.
Rx For Malpractice, Albert Averbach
Rx For Malpractice, Albert Averbach
Cleveland State Law Review
Every tragedy that becomes the subject of extensive coverage by the news media shortly turns into a focal point of malpractice litigation. This, of course, is inevitable and will ever be thus. Doctors for many years have been "spoon fed" stories and warnings about malpractice suits and hazards. Nothing, however, has been constructively advocated as to how this tide can be stemmed or what can be done in the face of it. Some years ago, Mark Twain wrote, "Everybody talks about the weather, but nobody does anything about it." It is our objective in this article to not only alert …
How To Try A Personal Injury Case, James Dooley
How To Try A Personal Injury Case, James Dooley
Cleveland State Law Review
Proper presentation of a case in court is dependent upon proper preparation. Proper presentation means an intimate knowledge of the facts, the parties, possible witnesses, and, o fcourse, the governing legal principles. Indeed, proper preparation means far more than knowledge. It embraces true compre-hension. Before an advocate can present his client's cause or meet his adversary on equal terms, he himself must completely understand the problem. Clear expression of an idea is impossible without a clear understanding of it.