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Full-Text Articles in Law
The Right To Jury Trial In Idaho Civil Cases: Origins, Purpose, And Selected Applications, John E. Rumel
The Right To Jury Trial In Idaho Civil Cases: Origins, Purpose, And Selected Applications, John E. Rumel
Articles
No abstract provided.
Patagonia Vs. Trump, Richard Henry Seamon
Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture
Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture
Articles
No abstract provided.
Fresh Look At Punitive Damages, Richard Henry Seamon
Iqbal, Twombly, And The Expected Cost Of False Positive Error, Mark Anderson
Iqbal, Twombly, And The Expected Cost Of False Positive Error, Mark Anderson
Articles
Iqbal and Twombly introduced a new standard for pleading federal claims by overruling five-decades old language from Conley v. Gibson. Instead of plaintiffs being entitled to discovery unless the complaint affirmatively forecloses the possibility of recovery, Iqbal and Twombly require a more searching evaluation of the complaint under an ambiguous "plausibility" standard. The policy behind this increased burden on plaintiffs is to prevent the false positive error that burdensome discovery creates. How the plausibility standard from Iqbal and Twombly should operate in the real world is poorly understood. There is general acknowledgement that no clear guidance exists about how to …
Civil Procedure In Idaho: An Examination Of Significant Differences Between The Rules Of Procedure Of The Idaho State And Federal Courts, Katie Ball
Articles
The University of Idaho College of Law celebrates its centennial this year. The rules of civil procedure do not have that lengthy a history, but they are still a critical part of current legal education and any civil practice. Civil practitioners choosing an Idaho forum have two court system options for many types of cases-the federal courts or the state courts. The goal of this article is to point out the significant differences in the state and federal civil procedural rules for Idaho practitioners. It is meant to particularly address those Idaho attorneys who have practiced primarily or exclusively in …
Loud Rules, Wendy Gerwick Couture
An Analysis Of Jurisdictional Issues Arising From Eastern Enterprises V. Apfel, Richard Henry Seamon
An Analysis Of Jurisdictional Issues Arising From Eastern Enterprises V. Apfel, Richard Henry Seamon
Articles
No abstract provided.
The Hourglass And Due Process: The Propriety Of Time Limits On Civil Trials, John E. Rumel
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
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
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt
Articles
No abstract provided.