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An Updated Quantitative Study Of Iqbal's Impact On 12(B)(6) Motions, Patricia Hatamayar Moore Jan 2012

An Updated Quantitative Study Of Iqbal's Impact On 12(B)(6) Motions, Patricia Hatamayar Moore

University of Richmond Law Review

The effect of Ashcroft v. Iqbal on pleadingstandardsandbehavior is a source of significant legal debate. This article serves as a follow-up to Professor Moore's 2010 empirical study on Iqbal's effect on courts' rulings on motions to dismiss complaints for failure to state a claim under Rule12(b)(6) of the Federal Rules of Civil Procedure. Professor Moore's previous study found a statistically significant increase in the likelihood that a court grants a 12(b)(6) motion with leave to amend following Iqbal. In this article, Professor Moore updates and increases the pool of cases in her database. The updated data reveals several empirical trends. …


Civil Procedure By Contract: A Convoluted Confluence Of Private Contract And Public Procedure In Need Of Congressional Control, David H. Taylor, Sara M. Cliffe Jan 2002

Civil Procedure By Contract: A Convoluted Confluence Of Private Contract And Public Procedure In Need Of Congressional Control, David H. Taylor, Sara M. Cliffe

University of Richmond Law Review

There is great appeal to the notion that parties to a contract may provide in their agreement for how certain aspects of any dispute that may subsequently arise will be resolved. The appeal is so great, in fact, that both parties and courts have embraced the use and enforcement of pre-litigation agreements ("PLAs"). These agreements take a variety of forms. Parties may agree to the forum in which their dispute will be resolved. They may designate the law that will be applied to the resolution of the dispute. Parties may designate what evidence may or may not be presented as …


"Yer Outa Here!" A Framework For Analyzing The Potential Exclusion Of Expert Testimony Under The Federal Rules Of Evidence, Stephen D. Easton Jan 1998

"Yer Outa Here!" A Framework For Analyzing The Potential Exclusion Of Expert Testimony Under The Federal Rules Of Evidence, Stephen D. Easton

University of Richmond Law Review

It does not take long for even a casual observer of criminal and civil trials to make two observations about expert witnesses. The first of these observations comes almost immediately: experts are vitally important to the judicial process. In many trials, the outcome largely depends upon which set of impressively credentialed experts the jurors (and the judge) believe. The second observation generally comes later than the first: a significant amount of shoddy "science," phony logic, faulty analysis, sleight of hand, and other assorted junk enters the courtroom dressed up in the emperor's clothes of expert testimony.


Interview: The Federal Courts: Observations From Thirty Years On The Bench, Robert R. Merhige Jr., J. Christopher Lemons Jan 1998

Interview: The Federal Courts: Observations From Thirty Years On The Bench, Robert R. Merhige Jr., J. Christopher Lemons

University of Richmond Law Review

This is an interview of Judge Robert R. Merhige, Jr of the Eastern District of Virginia.


Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North Jan 1997

Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North

University of Richmond Law Review

In deciding cases under the Age Discrimination in Employment Act (ADEA), several circuit courts of appeals have interpreted the tripartite test set forth in McDonnell Douglas v. Green to mean that a plaintiff could prevail in proving individual disparate treatment by proving a prima facie case and that the employer's proffered reasons were a pretext. The Third, Seventh and Eighth Circuits concluded that a showing that a proffered justification is pretextual is equivalent to a finding that the employer intentionally discriminated. In other words, "the plaintiff is entitled to judgment as a matter of law when, in the third stage …


Annual Survey Of Virginia Law: Business And Corporate Law, William A. Musgrove Jan 1996

Annual Survey Of Virginia Law: Business And Corporate Law, William A. Musgrove

University of Richmond Law Review

This article reviews recent developments in the law affecting Virginia businesses and corporations. Part II discusses recent judicial decisions, including: two Fourth Circuit Court of Appeals opinions, one interpreting and upholding the constitutionality of the Virginia statutes regulating hostile takeovers, and the other determining the owner of partnership property upon dissolution of the partnership; two Supreme Court of Virginia decisions regarding non-stock corporations, one determining the validity of the board of directors, and one deciding whether the Property Owners' Association Act supersedes the bylaws of an incorporated non-stock property owners' association; four Supreme Court of Virginia decisions including one denying …


Expert Witness Testimony: Back To The Future, L. Timothy Perrin Jan 1995

Expert Witness Testimony: Back To The Future, L. Timothy Perrin

University of Richmond Law Review

Expert witnesses are at once detested and treasured. The scorn is significant because of the increasingly prominent role experts play in both civil and criminal litigation. Experts are seen as mercenaries, prostitutes or hired guns, witnesses devoid of principle who sell their opinions to the highest bidder. Experts are not impartial professionals who explain difficult concepts to the trier of fact. Rather, experts become advocates for the side who hired them. The consequences of this role change are not desirable: experts testify to matters beyond their expertise, render opinions that are unreliable, speculative or outside what the experts would be …


The Specificity Of Pleading In Modern Civil Practice: Addressing Common Misconceptions, Ian James Wilson, William Louis Payne Jan 1990

The Specificity Of Pleading In Modern Civil Practice: Addressing Common Misconceptions, Ian James Wilson, William Louis Payne

University of Richmond Law Review

The pleading procedure serves as the foundation for the entire legal process. Pleadings focus the issues, narrow the evidence admissible at trial, apprise the adverse party and the court of the matter in dispute, and provide the extent of the res judicata effect of the judgment. To secure the foundation and to effectuate the purposes of the pleading procedure, it is imperative that the pleading set forth sufficient allegations. The standard for determining the sufficiency of the allegations is referred to as the specificity requirement and serves as the focus of this Note.


Sanctioning Defendants' Non-Willful Delay:The Failure Of Rule 55 And A Proposal For Its Reform, Carl B. Schultz Jan 1989

Sanctioning Defendants' Non-Willful Delay:The Failure Of Rule 55 And A Proposal For Its Reform, Carl B. Schultz

University of Richmond Law Review

For as long as parties have pursued claims through litigation, those against whom claims are asserted have delayed the litigation process. Defendants, and other parties against whom claims are asserted, (hereinafter collectively referred to as defendants), fail to answer complaints against them in time; they delay in responding to discovery requests, motions and court orders, and they fail to appear for trials and other proceedings.


Protective Orders, Plaintiffs, Defendants And The Public Interest In Disclosure; Where Does The Balance Lie?, Alan B. Morrison Jan 1989

Protective Orders, Plaintiffs, Defendants And The Public Interest In Disclosure; Where Does The Balance Lie?, Alan B. Morrison

University of Richmond Law Review

It is a basic principle of the American system of jurisprudence that the courts of the United States are open. That includes not only the opportunity for the public to attend courtroom proceedings, but also the right to examine the documents that are filed in court. However, this principle of openness can sometimes come into conflict with other principles in our justice system. Everyone recognizes that there are some situations in which information should not be made public, at least not immediately. The problem is how to identify and limit those situations in which information is not made public so …


Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson Jan 1987

Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson

University of Richmond Law Review

This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1986 and May 1987. This article also comments on cases in volumes five through eight of Virginia Circuit Court Opinions, many of which were decided before 1986. It is appropriate to mention them here since they were only recently made generally available through publication. In order to facilitate the discussion of numerous Virginia Code sections, they will be referred to in …


The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens Jan 1984

The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens

University of Richmond Law Review

Twenty years ago, in a clear break with accepted theory, it was suggested that there were certain constitutional limitations on a federal court's authority to exercise personal jurisdiction. Such a departure from the traditional view might be expected to prompt an extensive examination of that issue by commentators. However, while assertions of personal jurisdiction by state courts have been the subject of intense scrutiny and ongoing constitutional refinements, this has not been the case regarding assertions of personal jurisdiction by federal courts. Generally, federal district courts sitting in diversity cases must look to personal jurisdiction limitations inherent in the state …


Corporate And Institutional Accident Investigations As Work Product Pursuant To The Rules Of The Supreme Court Of Virginia, William Todd Benson Jan 1983

Corporate And Institutional Accident Investigations As Work Product Pursuant To The Rules Of The Supreme Court Of Virginia, William Todd Benson

University of Richmond Law Review

If the magnitude of the mishap so warrants, many businesses immediately call their insurance adjuster or other accident investigator. In some of the larger businesses, accident investigation and insurance have become in-house operations. This quick reflex toward early fact investigation is prompted, in part, by a healthy respect for the potentiality of claims arising out of the day to day conduct of business affairs. When a suit against such company ultimately is ified and discovery sought, an issue often arises concerning whether early institutional investigations are "work product" for purposes of the federal or Virginia rules of civil procedure. This …


Non-Jury Trial Of Civil Litigation: Justifying A Complexity Exception To The Seventh Amendment, Barrett E. Pope Jan 1981

Non-Jury Trial Of Civil Litigation: Justifying A Complexity Exception To The Seventh Amendment, Barrett E. Pope

University of Richmond Law Review

The seventh amendment to the United States Constitution states that "[i]n Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved."' When Congress enacted the Federal Rules of Civil Procedure, the right to jury trial at common law remained undisturbed.


A Review Of Prisoners' Rights Litigation Under 42 U .S.C . §1983, Scott D. Anderson, Theodore I. Brenner, Vera Duke, James E. Gray, Ronald M. Maupin Jan 1977

A Review Of Prisoners' Rights Litigation Under 42 U .S.C . §1983, Scott D. Anderson, Theodore I. Brenner, Vera Duke, James E. Gray, Ronald M. Maupin

University of Richmond Law Review

Before the mid-1960's, the federal courts frequently invoked the "hands-off" doctrine, a rule of deference to state correctional administrators, when petitioned by inmates to review conditions in state jails and prisons. When applied, the doctrine essentially held that a state prisoner's grievance was beyond the scope of authority or competence ofthe federal judiciary. With an increasing realization during the late 1960's and early 1970's that federal court intervention into state prison matters would be necessary, the 42 U.S.C. § 19831 civil rights complaint became the leading tool for effecting change in the area of prisoners rights. In order to gain …


Discovery Of Expert Information Under The Federal Rules Jan 1976

Discovery Of Expert Information Under The Federal Rules

University of Richmond Law Review

With the adoption of extensive pretrial discovery mechanisms, preparation for trial in the federal system underwent a dramatic alteration. Instead of relying upon pleadings to perform the tasks of notice-giving, issue formulation, and fact-revelation, the various discovery devices available under the Federal Rules of Civil Procedure allow the parties "to obtain the fullest possible knowledge of the issues and facts before trial."' Discovery was created to promote the just, speedy, and inexpensive disposal of litigation. To this end, discovery serves to (1) facilitate the formulation and narrowing of issues; (2) protect against unfair surprise during trial; (3) detect any superflous …


A Guide To The Law Of Fair Employment, Benjamin Werne Jan 1976

A Guide To The Law Of Fair Employment, Benjamin Werne

University of Richmond Law Review

In the field of civil rights, there are broad, cumulative remedies available to the aggrieved party. The fabric of these remedies is an amalgam of various and varying statutes, judicial holdings, administrative determinations and arbitral awards. The following article attempts a distillation of current law-much of which is further complicated by conflicting decisions.


The Class Action And Title Vii- An Overview Jan 1976

The Class Action And Title Vii- An Overview

University of Richmond Law Review

The class action device and Title VII enforcement go hand in hand. In a proper case, a suit alleging a violation of Title VII is by nature a class action since it attempts to remedy the effects of employment discrimination on the basis of a class characteristic. As in any other case, however, a class action is permitted only if the requirements of Rule 23 of the Federal Rules of Civil Procedure are met. Before certifying an action as a class action' the court must determine that (1) the class is so numerous that joinder of its members is impracticable …


Constitutional Law- Civil Rights- Representative Party Need Only Show Sufficient Nexus With Class For Title Vii Class Action To Continue Jan 1976

Constitutional Law- Civil Rights- Representative Party Need Only Show Sufficient Nexus With Class For Title Vii Class Action To Continue

University of Richmond Law Review

For many years the brunt of racial discrimination was sorely felt in the area of employment. Today, however, an employee or job applicant who desires to redress an alleged racially discriminatory employment practice has two statutory remedies: 42 U.S.C. § 1981, and Title VII of the Civil Rights Act of 1964. Under section 1981, all citizens "have the same right .. . to make and enforce contracts," which necessarily includes the right to contract for employment. It has been established that an action under this section may be brought alleging racial discrimination in employment without demonstrating state action. Title VII …


Federal Civil Procedure- Work Product Doctrine Jan 1974

Federal Civil Procedure- Work Product Doctrine

University of Richmond Law Review

The work product doctrine protects from pretrial discovery witness statements and other documents gathered by an adversary's counsel in the course of preparation for possible litigation. The purpose of the work product doctrine is to preserve the privacy and independence of lawyers by denying unwarranted intrusions into their private files and mental processes. Prior to the 1970 amendments to the Federal Rules of Civil Procedure, courts applied two distinct tests when considering whether to allow pretrial discovery of documents and witness statements. One test required the party seeking discovery to show good cause why discovery should be allowed. The alternative …


Counsel Fees In Stockholders' Derivative And Class Actions-Hornstein Revisited, Douglas G. Cole Jan 1972

Counsel Fees In Stockholders' Derivative And Class Actions-Hornstein Revisited, Douglas G. Cole

University of Richmond Law Review

In 1939, the first in a series of four comprehensive law review articles by Professor George D. Hornstein was published on the subject of the award of counsel fees in stockholders' derivative suits and corporate class actions. These articles highlighted equitable principles peculiar to such actions, previously not fully understood by either attorneys or the courts, which have made derivative and class actions extremely effective weapons in the battle for corporate democracy. Three very basic questions were posed and answered: 1) Who will pay for the attorneys fees and expenses incurred in such litigation? 2) What factors govern the award …


Should Virginia Adopt The Federal Rules Of Discovery?, Emanuel Emroch Jan 1966

Should Virginia Adopt The Federal Rules Of Discovery?, Emanuel Emroch

University of Richmond Law Review

More than fifteen years -ago Virginia made a very important and progressive modification of the rules of practice and procedure in actions at law and suits in equity. The promulgation of the Rules of the Supreme Court of Appeals in 1950 substituted a modern system for an archaic, outmoded, and cumbersome one. Under the Rules litigants can state their case and plead in a brief and succinct manner, unhampered with unnecessary and ancient verbiage. There is less emphasis on form and more on substance, and this facilitates the better administration of justice. Generally, the Rules have unquestionably served the purposes …


Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers Jan 1961

Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers

University of Richmond Law Review

Important amendments to its Rules, effective April 1, 1961, were recently adopted by the Supreme Court of Appeals of Virginia. Perhaps the change of most interest to trial lawyers was the revision of Rule 3:23 relating to D'epositions and Discovery in Actions at Law.