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Civil Rule 54(B): Seventy-Five And Ready For Retirement, Andrew S. Pollis

Faculty Publications

As we commemorate the diamond anniversary of the Federal Rules of Civil Procedure, this Article takes a critical look at one of the failed Rules: Rule 54(b). Although many commentators have noted difficulties with Rule 54(b), this is the first effort to describe those difficulties comprehensively, analyze their root causes, and offer a workable alternative.

When an order resolves a discrete claim in a multi-claim action, Rule 54(b) permits a district court to sever the order for immediate appeal by “expressly determine[in] that there is no just reason for delay.” The rule was designed to ease the hardship on litigants …

Forum Non Conveniens On Appeal: The Case For Interlocutory Review, Cassandra Burke Robertson

Faculty Publications

Court-access doctrine in transnational litigation is plagued by uncertainty. Without a national court-access policy, federal courts often reach inconsistent forum non conveniens decisions even on very similar facts. This inconsistency is compounded by the district court’s largely unreviewable discretion in making those forum-access decisions, which precludes effective resolution of these conflicts through the appellate process. As a result, the law underlying the forum non conveniens doctrine remains unsettled, creating systemic inefficiency both in litigation procedure and in regulatory policy.

This article, prepared for the symposium “Our Courts and the World: Transnational Litigation and Civil Procedure,” argues that expanding appellate review …

Compulsory Joinder Of Compensating Insurers: Federal Rule Of Civil Procedure 19 And The Role Of Substantive Law, June F. Entman

Case Western Reserve Law Review

No abstract provided.

The Application Of Rule 23 Of The Federal Rules Of Civil Procedure To Actions Brought By The Equal Employment Opportunity Commission, T. Merritt Bumpass Jr.

Case Western Reserve Law Review

No abstract provided.

Discovery Sanctions Under The Federal Rules Of Civil Procedure: A Goal-Oriented Mission For Rule 37, William T. Drescher

Case Western Reserve Law Review

No abstract provided.

Truth In Lending Act - Defendant's Debt Counterclaim - Compulsory Or Permissive, F. Gifford Landen

Case Western Reserve Law Review

No abstract provided.

Federal Civil Procedure--Class Actions--State Truth-In-Lending Claims In Federal Court [Kristiansen V. John Mullins & Sons, 59 F.R.D. 99 (1973)], Louis Rorimer

Case Western Reserve Law Review

No abstract provided.