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Election Law Pleading, Joshua A. Douglas Nov 2013

Election Law Pleading, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article explores how the Supreme Court’s recent pleading decisions in Twombly and Iqbal have impacted election litigation. It explains how Twombly and Iqbal’s “factual plausibility” standard usually does not help in an election case, because there is often little factual dispute regarding the operation of the election practice. Instead, the real question in a motion to dismiss is whether the plaintiff has stated a viable cause of action against the government defendant who is administering the election. But Twombly and Iqbal’s rule does not assist in answering this question. That is, Twombly and Iqbal are incongruent with …

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An Unnecessary Conflict: Bifurcated Civil Trials And States' Need For An Alternate Rule For Alternate Jurors, Craig M. Brunson Jan 2011

An Unnecessary Conflict: Bifurcated Civil Trials And States' Need For An Alternate Rule For Alternate Jurors, Craig M. Brunson

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Civil Procedure, John R. Leathers, Matthew L. Mooney Jan 1985

Kentucky Law Survey: Civil Procedure, John R. Leathers, Matthew L. Mooney

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Civil Procedure, William H. Fortune Jan 1975

Kentucky Law Survey: Civil Procedure, William H. Fortune

Law Faculty Scholarly Articles

This article provides a survey of civil procedure developments in the Commonwealth of Kentucky. The most significant civil procedure case decided by the Kentucky Court of Appeals during the period covered by this Survey is Nazareth Literary and Benevolent Institution v. Stephenson. That case, which deals with discovery of privileged communications, may have created problems that will require legislative action. Other decisions by the Court during this period serve to illustrate and amplify existing procedural points. The more important of these decisions will be briefly discussed prior to the consideration of Stephenson.

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Pendent Jurisdiction - The Problem Of "Pendenting Parties", William H. Fortune Jan 1972

Pendent Jurisdiction - The Problem Of "Pendenting Parties", William H. Fortune

Law Faculty Scholarly Articles

Federal courts have generally discouraged the joinder of a third party solely on the basis of a claim pendent to a federal cause of action. They have, however, been more liberal in allowing joinder in diversity cases. The author reviews the case law and argues that a more liberal attitude toward joinder should be adopted, except in diversity cases where, he believes, liberal joinder erodes the requirement of complete diversity.

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Venue Of Civil Actions In Kentucky, William H. Fortune Jan 1972

Venue Of Civil Actions In Kentucky, William H. Fortune

Law Faculty Scholarly Articles

The purpose of this paper is primarily to analyze Kentucky’s venue statutes, and secondarily to suggest the path to reform. The paper is divided into four parts. Part I is a brief history of the confusion in Kentucky between jurisdiction and venue. Some exposure to this history is essential to an understanding of the older cases, which in some areas are the only cases in point. Part II is an analysis of the four major venue statutes in KRS Chapter 454: KRS § 452.400—actions involving land; KRS § 452.450-actions against corporations; KRS § 452.460—actions for personal injury or property damage; …

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Civil Procedure--Insurance Companies As Real Parties In Interest, Joseph B. Helm Jan 1957