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1983

Civil Procedure

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Full-Text Articles in Law

Statutes Of Limitations And Defendant Class Actions, Michigan Law Review Nov 1983

Statutes Of Limitations And Defendant Class Actions, Michigan Law Review

Michigan Law Review

This Note argues that in defendant class actions the statute of limitations should be tolled as to all named and absent class members upon informal notice given by the plaintiff at the beginning of the suit. Part I examines the purposes of statutes of limitations and class actions, and the manner in which these purposes were reconciled in American Pipe. It concludes that American Pipe requires the creation of a tolling doctrine that promotes both the fair notice policy that underlies statutes of limitations and the concern for litigative economy that underlies rule 23 class actions. Part II then demonstrates ...


Twisting The Purposes Of Discovery: Expert Witnesses And The Deposition Dilemma, Steven D. Parman Nov 1983

Twisting The Purposes Of Discovery: Expert Witnesses And The Deposition Dilemma, Steven D. Parman

Vanderbilt Law Review

The system of discovery that the Federal Rules establish theoretically entitles all parties in civil actions, prior to commencement of trial, to disclosure of all relevant nonprivileged information in he possession of any person. Thus, federal discovery rules should not force litigants to choose between failing to depose a party-opponent's expert witness and thereby preparing inadequately for trial, and deposing the expert witness and consequently risking that opposing counsel will use the deposition against him at trial without the benefit of cross-examination. Part H of this Note reviews common law disagreement over the appropriateness of expert witness discovery and ...


Seattle Times, Co. V. Rhinehart, Lewis F. Powell Jr. Oct 1983

Seattle Times, Co. V. Rhinehart, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Doe, Lewis Powell Jr. Oct 1983

United States V. Doe, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Civil Procedure—Collateral Estoppel—The Evolution Of Collateral Estoppel In Arkansas: Is Mutuality Of Estoppel An Anachronism, Ronald Carl Wilson Oct 1983

Civil Procedure—Collateral Estoppel—The Evolution Of Collateral Estoppel In Arkansas: Is Mutuality Of Estoppel An Anachronism, Ronald Carl Wilson

University of Arkansas at Little Rock Law Review

No abstract provided.


Helicoptieros Nationales De Colombia, S.A. V. Hall, Lewis F. Powell Jr. Oct 1983

Helicoptieros Nationales De Colombia, S.A. V. Hall, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Calder V. Jones, Lewis F. Powell Jr. Sep 1983

Calder V. Jones, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Minimum Contacts And Contracts: The Breached Relationship Sep 1983

Minimum Contacts And Contracts: The Breached Relationship

Washington and Lee Law Review

No abstract provided.


When Does A Limited Waiver Of The Attorney-Client Privilege Occur?, Nancy Mayer Hughes Sep 1983

When Does A Limited Waiver Of The Attorney-Client Privilege Occur?, Nancy Mayer Hughes

Boston College Law Review

No abstract provided.


Class Actions For Punitive Damages, Michigan Law Review Aug 1983

Class Actions For Punitive Damages, Michigan Law Review

Michigan Law Review

This Note argues that a Rule 23 class action offers the best way to manage multiple actions for punitive damages. It begins by examining the policy underlying punitive damages and the plaintiffs interest in recovering them. It then explains why a limited fund is created when courts deny punitive damage recovery as a matter of law or when punitive claims exceed defendant's assets. The Note contends that a Rule 23(b)(l)(B) class action provides the best means to manage this limited fund and reviews the circumstances in which a district court may properly certify a class action ...


Surveying Work Product, Kevin M. Clermont Aug 1983

Surveying Work Product, Kevin M. Clermont

Cornell Law Faculty Publications

Work product is the legal doctrine that central casting would send over. First, it boasts profundities, arising as it does from the colliding thrusts of our discovery and trial processes and from conflicting currents in our modified adversary system. Second, it will surface frequently, because the protected materials are commonly created by each side but uncommonly useful to the opponent. Third, it has generated a small mountain of lower-court case law, with the foothills forming a labyrinth of rules and wrinkles. In short, work product has for a couple of generations dramatically bewitched academics, bothered practitioners, and bewildered students.

Significant ...


An Overview Of The Oklahoma Discovery Code, David Swank May 1983

An Overview Of The Oklahoma Discovery Code, David Swank

David Swank

No abstract provided.


Iii. Civil Procedure Mar 1983

Iii. Civil Procedure

Washington and Lee Law Review

No abstract provided.


Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr. Mar 1983

Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.

Michigan Law Review

A Review of Federal Practice and Procedure, Volumes 13-19: Jurisdiction and Related Matters by Charles Alan Wright, Arthur R. Miller, and Edward H. Cooper


Kentucky Law Survey: Civil Procedure, John R. Leathers Jan 1983

Kentucky Law Survey: Civil Procedure, John R. Leathers

Kentucky Law Journal

No abstract provided.


Chapter 12: Civil Procedure, Michael F. Magistrali Jan 1983

Chapter 12: Civil Procedure, Michael F. Magistrali

Annual Survey of Massachusetts Law

No abstract provided.


The Equal Access To Justice Act, Pub. L. No. 96-481, 94 Stat. 2325 (1980), P. Scott Mitchell Jan 1983

The Equal Access To Justice Act, Pub. L. No. 96-481, 94 Stat. 2325 (1980), P. Scott Mitchell

Florida State University Law Review

Civil Procedure-ATTORNEY'S FEES-RECOVERY OF ATTORNEY'S FEES AGAINST THE UNITED STATES


Discovery Of Government Attorney Work Product Under The Foia, Richard Allen Vance Jan 1983

Discovery Of Government Attorney Work Product Under The Foia, Richard Allen Vance

Kentucky Law Journal

No abstract provided.


A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler Jan 1983

A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler

Articles & Chapters

Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.


Civil Procedure In The Class Action Mode, 19 Wake Forest L. Rev. 401 (1983), Allen R. Kamp Jan 1983

Civil Procedure In The Class Action Mode, 19 Wake Forest L. Rev. 401 (1983), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

There is a growing movement in the federal courts to redress the grievances of groups, rather than individuals. This movement has resulted in an increasing number of class action suits which has necessitated the emergence of two parallel sets of procedural rules; one for class actions and the other for the traditional, individual suit.

A look at class action procedure as a whole discloses a host of peculiar procedural consequences that occur when adversaries enter into class action litigation. The rules differ from those in non-class actions in such areas as mootness, standing, exhaustion of administrative remedies, subject matter jurisdiction ...


Civil Procedure: A Review Of The Published Opinions Of The United States Court Of Appeals For The Seventh Circuit For The 1981-82 Term, 59 Chi.-Kent L. Rev. 475 (1983), Edward B. Arnolds, Allen R. Kamp Jan 1983

Civil Procedure: A Review Of The Published Opinions Of The United States Court Of Appeals For The Seventh Circuit For The 1981-82 Term, 59 Chi.-Kent L. Rev. 475 (1983), Edward B. Arnolds, Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.


Discovery Of Nonparties' Tangible Things Under The Federal Rules Of Civil Procedure, Sarah N. Welling Jan 1983

Discovery Of Nonparties' Tangible Things Under The Federal Rules Of Civil Procedure, Sarah N. Welling

Law Faculty Scholarly Articles

Federal Rules of Civil Procedure 26 through 37 describe procedures for pretrial discovery. While one may employ all the methods of discovery against parties, discovery methods for nonparties are much more limited. For example, with the exception of the independent action under subdivision (c), the procedures detailed in Federal Rule 34 regarding production of tangible things do not apply to nonparties. Frequently, though, a litigant must discover tangible things in the possession, custody, or control of a nonparty. Although the federal rules do provide alternative methods for the discovery of nonparties' things, the whole discovery scheme for nonparties is rather ...


Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood Jan 1983

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Law Faculty Scholarly Articles

Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class ...


Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary Jan 1983

Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary

Scholarly Works

The most significant developments in trial practice and procedure during the survey period occurred in the legislative rather than in the judicial arena. The General Assembly added a "domestic relations" section to the Georgia long arm statute and enacted other legislation to implement some of the changes in the court system brought about by the new Georgia Constitution, which became effective on July 1, 1983. These legislative changes, along with selected Georgia appellate court decisions, will be discussed starting with the topics of subject matter and personal jurisdiction and venue. This discussion will be followed by an analysis of cases ...


Fraudulent Concealment In Federal Court: Toward A More Disparate Standard?, Richard L. Marcus Jan 1983

Fraudulent Concealment In Federal Court: Toward A More Disparate Standard?, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Myth And Reality In Protective Order Litigation, Richard L. Marcus Jan 1983

Myth And Reality In Protective Order Litigation, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Reducing Court Costs And Delay: The Potential Impact Of The Proposed Amendments To The Federal Rules Of Civil Procedure, Richard L. Marcus Jan 1983

Reducing Court Costs And Delay: The Potential Impact Of The Proposed Amendments To The Federal Rules Of Civil Procedure, Richard L. Marcus

Faculty Scholarship

No abstract provided.


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 ...


The Impact Of Allstate Insurance Co. V. Hague On Constitutional Limitations On Choice Of Law, W. Clark Williams Jr. Jan 1983

The Impact Of Allstate Insurance Co. V. Hague On Constitutional Limitations On Choice Of Law, W. Clark Williams Jr.

University of Richmond Law Review

The development of constitutional limitations on choice of law by the United States Supreme Court has turned primarily on the due process clause and the full faith and credit clause of the United States Constitution. In theory at least, each constitutional provision rests upon separate grounds. The full faith and credit clause, as it applies to public acts, would compel a forum state under appropriate circumstances to honor the sovereignty of a foreign state in the federal system and to apply the law of the foreign state whose interests are sufficiently compelling. The due process clause limits the power of ...


The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy Jan 1983

The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy

University of Richmond Law Review

The rule that a party may rise no higher than his own testimony was first articulated in Virginia in Massie v. Firmstone. It has been criticized, misunderstood, and misapplied, but since its inception in 1922, it has grown into an important rule of evidence and procedure. The practitioner must consider the implications of the rule from the moment he begins to gather evidence that he expects to present in the form of live testimony.