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UIdaho Law

Civil Procedure

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Full-Text Articles in Law

Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders Jan 2016

Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders

Articles

In many states, legislatures have mandated juryless fact-finding in common law– based civil cases by imposing compensatory damage caps that effectively lessen the jury’s traditional and historic role as injury valuator. The primary purpose of most caps was to reign in “excessive” civil jury verdicts, which allegedly caused “skyrocketing” medical malpractice insurance premiums and litigation costs. But no legislatively imposed cap is triggered by a preliminary finding of excessiveness. Trial judges have no authority to determine whether application of a cap is just or fair to the (often) severely injured plaintiff. Despite a shared interpretive methodology with regards to ...


Uncapping Compensation In The Gore Punitive Damage Analysis, Shaakirrah R. Sanders Jan 2015

Uncapping Compensation In The Gore Punitive Damage Analysis, Shaakirrah R. Sanders

Articles

BMW of North America, Inc. v. Gore rests, in part, on the “understandable relationship” between a civil jury’s award of compensatory and punitive damages. Gore designates Due Process a protectant against excessive civil jury awards, in effect outmaneuvering the civil jury trial right. Gore identifies three guideposts to determine whether punitive damages are excessive: (1) the degree of reprehensibility of a defendant’s conduct; (2) the disparity between compensatory and punitive damages; and (3) the difference between punitive damages and civil penalties authorized or imposed in comparable cases.

This Article focuses on the second of Gore’s three guideposts ...


Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture Jan 2014

Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture

Articles

No abstract provided.


Loud Rules, Wendy Gerwick Couture Jan 2007

Loud Rules, Wendy Gerwick Couture

Articles

No abstract provided.


The Hourglass And Due Process: The Propriety Of Time Limits On Civil Trials, John E. Rumel Jan 1992

The Hourglass And Due Process: The Propriety Of Time Limits On Civil Trials, John E. Rumel

Articles

No abstract provided.


Post-Trial Motions In Private Antitrust Actions: A Practitioner's Guide, John E. Rumel Jan 1990

Post-Trial Motions In Private Antitrust Actions: A Practitioner's Guide, John E. Rumel

Articles

No abstract provided.


Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt Jan 1990

Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt

Articles

No abstract provided.