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Articles 1 - 30 of 30
Full-Text Articles in Law
Neutralizing The Stratagem Of "Snap Removal": A Proposed Amendment To The Judicial Code, Joan E. Steinman, Arthur Hellman, Lonny Hoffman, Thomas Rowe, Georgene Vairo
Neutralizing The Stratagem Of "Snap Removal": A Proposed Amendment To The Judicial Code, Joan E. Steinman, Arthur Hellman, Lonny Hoffman, Thomas Rowe, Georgene Vairo
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The “Removal Jurisdiction Clarification Act” is a narrowly tailored legislative proposal designed to resolve a widespread conflict in the federal district courts over the proper interpretation of the statutory “forum-defendant” rule. The forum-defendant rule prohibits removal of a diversity case “if any of the parties in interest properly joined and served as defendants is a citizen of the [forum state].” 28 U.S.C. § 1441(b)(2) (emphasis added). Some courts, following the “plain language” of the statute, hold that defendants can avoid the constraints of the rule by removing diversity cases to federal court when a citizen of the forum state has …
Appellate Courts As First Responders: The Constitutionality And Propriety Of Appellate Courts' Resolving Issues In The First Instance, 87 Notre Dame Law Review 1521 (2012)., Joan E. Steinman
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No abstract provided.
Irregulars: The Appellate Rights Of Persons Who Are Not Full-Fledged Parties, Joan E. Steinman
Irregulars: The Appellate Rights Of Persons Who Are Not Full-Fledged Parties, Joan E. Steinman
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No abstract provided.
Teaching Civil Procedure Stories (Reviewing Civil Procedure Stories, Foundation Press 2004), Nancy S. Marder
Teaching Civil Procedure Stories (Reviewing Civil Procedure Stories, Foundation Press 2004), Nancy S. Marder
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No abstract provided.
Shining A Light In A Dim Corner: Standing To Appeal And The Right To Defend A Judgment In The Federal Courts, Joan E. Steinman
Shining A Light In A Dim Corner: Standing To Appeal And The Right To Defend A Judgment In The Federal Courts, Joan E. Steinman
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No abstract provided.
After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman
After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman
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In Steel Co. v. Citizens for a Better Environment, the United States Supreme Court, sua sponte, denounced the doctrine of "hypothetical jurisdiction," a doctrine that, in some circumstances, allowed courts to assume, arguendo, the existence of jurisdiction and to address the merit questions presented by cases. Several of the Justices distanced themselves from the denunciation, however, and despite the vociferousness of the position taken by the majority, even it found that there were exceptional circumstances in which the Court had acted properly (and presumably in which other courts would act appropriately) in assuming jurisdiction arguendo and addressing merits questions. The …
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
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In this Article, I consider whether "limited generosity" classes may be used to determine a defendant's entire liability for punitive damages arising from a defined course of conduct. The goals of such a class action would include adequately punishing and deterring the defendant, keeping the defendant's liability within state-mandated and constitutional limits, and facilitating equitable distribution of the damages among injured plaintiffs. The Article describes the legal limits on punitive damages liability that states have established and that the Supreme Court has held substantive due process to impose, and then carefully examines whether such limits constitute a predicate for mandatory …
Part Ii: Special Considerations Applicable To Anti-Suit Injunctions In Class Actions, Joan E. Steinman
Part Ii: Special Considerations Applicable To Anti-Suit Injunctions In Class Actions, Joan E. Steinman
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No abstract provided.
The Newest Frontier Of Judicial Activism: Removal Under The All Writs Act, Joan E. Steinman
The Newest Frontier Of Judicial Activism: Removal Under The All Writs Act, Joan E. Steinman
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No abstract provided.
Achieving Legal And Business Order In Cyberspace: A Report On Global Jurisdictional Issues Created By The Internet, Margaret G. Stewart
Achieving Legal And Business Order In Cyberspace: A Report On Global Jurisdictional Issues Created By The Internet, Margaret G. Stewart
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No abstract provided.
An Historical Analysis Of The Binding Effect Of Class Suits (Co-Authored With G. Hazard Jr. & J. Gedid), Stephen D. Sowle
An Historical Analysis Of The Binding Effect Of Class Suits (Co-Authored With G. Hazard Jr. & J. Gedid), Stephen D. Sowle
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No abstract provided.
Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan E. Steinman
Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan E. Steinman
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No abstract provided.
The Scope Of Appellate Jurisdiction: Pendent Appellate Jurisdiction Before And After Swint, Joan E. Steinman
The Scope Of Appellate Jurisdiction: Pendent Appellate Jurisdiction Before And After Swint, Joan E. Steinman
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No abstract provided.
The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part I: Justiciability And Jurisdiction (Original And Appellate), Joan E. Steinman
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No abstract provided.
The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part Ii: Non-Jurisdictional Matters, Joan E. Steinman
The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part Ii: Non-Jurisdictional Matters, Joan E. Steinman
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No abstract provided.
The Fee Shifting Remedy: Panacea Or Placebo? (Foreward), Harold J. Krent
The Fee Shifting Remedy: Panacea Or Placebo? (Foreward), Harold J. Krent
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No abstract provided.
Reverse Removal, Joan E. Steinman
Reverse Removal, Joan E. Steinman
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Over the past several years, the legal community has given a great deal of thought to the problems created by multiparty, multiclaim, multiforum litigation. A flurry of activity and an outpouring of writing have resulted, including proposals for substantial changes in both substantive and procedural law. Congress legislated a number of the recommendations made by the Federal Courts Study Committee when it passed the Judicial Improvements Act of 1990. Additional legislation concerning the handling of complex cases is pending, and further action by Congress over the next several years is probable, in view of the burden that complex litigation imposes …
Explaining One-Way Fee Shifting, Harold J. Krent
Explaining One-Way Fee Shifting, Harold J. Krent
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No abstract provided.
Fee Shifting Under The Equal Access To Justice Act -- A Qualified Success, Harold J. Krent
Fee Shifting Under The Equal Access To Justice Act -- A Qualified Success, Harold J. Krent
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No abstract provided.
Of Citizen Suits And Citizen Sunstein (With E. Shenkman), Harold J. Krent
Of Citizen Suits And Citizen Sunstein (With E. Shenkman), Harold J. Krent
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No abstract provided.
Supplemental Jurisdiction In § 1441 Removed Cases: An Unsurveyed Frontier Of Congress’ Handiwork, Joan E. Steinman
Supplemental Jurisdiction In § 1441 Removed Cases: An Unsurveyed Frontier Of Congress’ Handiwork, Joan E. Steinman
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Late in 1990, Congress passed a statute that confers on the district courts “supplemental jurisdiction” over a universe of claims that the courts otherwise would, or might, be unable to hear. Essentially, 28 U.S.C. § 1367(a) authorizes the courts to exercise jurisdiction over claims that are part of the same case or controversy, under Article III of the Constitution, as a claim within the court's original jurisdiction. It explicitly grants jurisdiction over claims that involve the joinder or intervention of additional parties, thereby authorizing what had been dubbed pendent party jurisdiction and some forms of ancillary jurisdiction. It also codifies …
Section 1367: Another Party Heard From, Joan E. Steinman
Section 1367: Another Party Heard From, Joan E. Steinman
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No abstract provided.
Reconceptualizing Sovereign Immunity, Harold J. Krent
Reconceptualizing Sovereign Immunity, Harold J. Krent
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No abstract provided.
Post-Removal Changes In The Party Structure Of Diversity Cases: The Old Law, The New Law, And Rule 19, Joan E. Steinman
Post-Removal Changes In The Party Structure Of Diversity Cases: The Old Law, The New Law, And Rule 19, Joan E. Steinman
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A petition for writ of certiorari in Steel Valley Authority v. Union Switch & Signal Division, 809 F.2d 1006 (3d Cir. 1987), presented to the Court the question whether a district court had authority to remand to the state court a case that had been properly removed on diversity grounds but in which the plaintiff, after removal, had amended the complaint to join a nondiverse defendant. In Steel Valley, the court of appeals found the nondiverse defendant to be indispensable, although the original defendants, petitioners to the Supreme Court, contended that plaintiff had asserted no substantive claims or colorable causes …
A New Litany Of Personal Jurisdiction, Margaret G. Stewart
A New Litany Of Personal Jurisdiction, Margaret G. Stewart
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No abstract provided.
Removal, Remand And Review In Pendent Claim And Pendent Party Cases, Joan E. Steinman
Removal, Remand And Review In Pendent Claim And Pendent Party Cases, Joan E. Steinman
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No abstract provided.
Law Of The Case: A Judicial Puzzle In Consolidated And Transferred Cases And In Multidistrict Litigation, Joan E. Steinman
Law Of The Case: A Judicial Puzzle In Consolidated And Transferred Cases And In Multidistrict Litigation, Joan E. Steinman
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No abstract provided.
Forum Non Conveniens: A Doctrine In Search Of A Role, Margaret G. Stewart
Forum Non Conveniens: A Doctrine In Search Of A Role, Margaret G. Stewart
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No abstract provided.
Public Trial, Pseudonymous Parties: When Should Litigants Be Permitted To Keep Their Identities Confidential?, Joan E. Steinman
Public Trial, Pseudonymous Parties: When Should Litigants Be Permitted To Keep Their Identities Confidential?, Joan E. Steinman
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No abstract provided.
The Party Status Of Absent Plaintiff Class Members: Vulnerability To Counterclaims, Joan E. Steinman
The Party Status Of Absent Plaintiff Class Members: Vulnerability To Counterclaims, Joan E. Steinman
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No abstract provided.