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Full-Text Articles in Law

It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce Sep 2019

It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce

Tanya Pierce

No abstract provided.


Dueling Grants: Reimagining Cafa's Jurisdictional Provisions, Tanya Pierce Jul 2018

Dueling Grants: Reimagining Cafa's Jurisdictional Provisions, Tanya Pierce

Tanya Pierce

Part I of the article discusses the relevant policies underlying CAFA and Rule 23. Part II briefly outlines the more straightforward operation of CAFA jurisdiction in pre-certification and post-successful certification situations before explaining the provisions in CAFA that have given rise to considerable confusion after courts deny class certification. Part III critiques the arguments made by courts and scholars in support of and against continuing jurisdiction. It then suggests an approach that is most consistent with the statute, in light of all of its relevant provisions and their corresponding limitations, and that furthers prudential concerns underlying Rule 23 and CAFA …


Modern Notice Through The Lens Of Eisen And Mullane, Tanya Pierce, Jeanne Finnegan Oct 2016

Modern Notice Through The Lens Of Eisen And Mullane, Tanya Pierce, Jeanne Finnegan

Tanya Pierce

For the past two decades, a rapid and ongoing evolution has been taking place in today's communication media environments. Technology and social media have increased exponentially the American consumer's options for both intentional and random information gathering and learning. And, as more and more people move away from traditional avenues of receiving news and other information and toward electronic media, courts and litigants must fashion contemporary notice programs to communicate with absent class members in ways that will both resonate with these changing preferences and continue to be consistent with due process and Federal Rule of Civil Procedure 23(c)(2)B).


Improving Predictability And Consistency In Class Action Tolling, Tanya Pierce Oct 2016

Improving Predictability And Consistency In Class Action Tolling, Tanya Pierce

Tanya Pierce

Class action tolling means that when parties in a suit allege federal treatment, the individual claims of putative class members are tolled federal courts while the class action is pending. Commonly referred to as American Pipe tolling, this rule prevents duplicative litigation that would result if plaintiffs were required to intervene or file independent lawsuits to protect their interests while the class action was pending. Federal courts have long settled the application of American Pipe tolling in scenarios involving later-filed individual actions. In other scenarios, however, the application of American Pipe tolling has caused considerable uncertainty. This Article examines the …


It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce Jul 2015

It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce

Tanya Pierce

In 2004, just five years after introducing the drug, Vioxx, pharmaceutical company, Merck, voluntarily withdrew the prescription pain-killer after a clinical study suggested that the drug increased the risk of heart attack and stroke. But in that relatively short time, an estimated 20 million Americans had already taken the drug. By late 2007, Merck announced it would pay $4.85 billion — the largest drug settlement ever — in “global settlements” for Vioxx-related claims. These settlements ultimately included roughly 47,000 individual lawsuits and about 265 potential class actions, but the Vioxx settlements were far from global.

In 2012, a purported parallel …


American Pipe Tolling: Assessing Outer Limits And Avoiding Bright Lines, Tanya Pierce Feb 2015

American Pipe Tolling: Assessing Outer Limits And Avoiding Bright Lines, Tanya Pierce

Tanya Pierce

No abstract provided.


Class Action Tolling Issues, Tanya Pierce Jan 2015

Class Action Tolling Issues, Tanya Pierce

Tanya Pierce

No abstract provided.


Hot Topics In Legal Writing Curricular Development, Tanya Pierce Nov 2014

Hot Topics In Legal Writing Curricular Development, Tanya Pierce

Tanya Pierce

No abstract provided.


Cross-Jurisdictional Tolling, Tanya Pierce Sep 2014

Cross-Jurisdictional Tolling, Tanya Pierce

Tanya Pierce

No abstract provided.


Proper Citations In Scholarly Works, Tanya Pierce Jul 2014

Proper Citations In Scholarly Works, Tanya Pierce

Tanya Pierce

No abstract provided.


How Expanded Pretrial Consolidation Can Discourage Duplicative Litigation And Facilitate Global Settlements In Mass Torts, Tanya Pierce Feb 2014

How Expanded Pretrial Consolidation Can Discourage Duplicative Litigation And Facilitate Global Settlements In Mass Torts, Tanya Pierce

Tanya Pierce

No abstract provided.


Legal Writing Concepts And Issues, Tanya Pierce Oct 2013

Legal Writing Concepts And Issues, Tanya Pierce

Tanya Pierce

No abstract provided.


Proper Citations In Scholarly Works, Tanya Pierce Jul 2013

Proper Citations In Scholarly Works, Tanya Pierce

Tanya Pierce

No abstract provided.


Reading And Writing Workshop/Road To Law School, Tanya Pierce Aug 2012

Reading And Writing Workshop/Road To Law School, Tanya Pierce

Tanya Pierce

No abstract provided.


Expressly Authorizing Injunctions Under The Multidistrict Litigation Statute, Tanya Pierce Feb 2012

Expressly Authorizing Injunctions Under The Multidistrict Litigation Statute, Tanya Pierce

Tanya Pierce

No abstract provided.


Texas Wesleyan Law Review Energy Symposium, Tanya Pierce Feb 2012

Texas Wesleyan Law Review Energy Symposium, Tanya Pierce

Tanya Pierce

No abstract provided.


Anti-Injunction Act And Injunctions Under The Multidistrict Litigation Statute, Tanya Pierce Jan 2012

Anti-Injunction Act And Injunctions Under The Multidistrict Litigation Statute, Tanya Pierce

Tanya Pierce

No abstract provided.


Grading Papers And Conducting Student Conferences, Tanya Pierce Nov 2011

Grading Papers And Conducting Student Conferences, Tanya Pierce

Tanya Pierce

No abstract provided.


Reading And Writing Workshop/Road To Law School, Tanya Pierce Aug 2011

Reading And Writing Workshop/Road To Law School, Tanya Pierce

Tanya Pierce

No abstract provided.


Reading And Writing Workshop/Road To Law School, Tanya Pierce Aug 2010

Reading And Writing Workshop/Road To Law School, Tanya Pierce

Tanya Pierce

No abstract provided.