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Articles 1 - 30 of 35
Full-Text Articles in Law
Twisting The Purposes Of Discovery: Expert Witnesses And The Deposition Dilemma, Steven D. Parman
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 the …
Statutes Of Limitations And Defendant Class Actions, Michigan Law Review
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 …
Civil Procedure—Collateral Estoppel—The Evolution Of Collateral Estoppel In Arkansas: Is Mutuality Of Estoppel An Anachronism, Ronald Carl Wilson
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.
Minimum Contacts And Contracts: The Breached Relationship
Minimum Contacts And Contracts: The Breached Relationship
Washington and Lee Law Review
No abstract provided.
Class Actions For Punitive Damages, Michigan Law Review
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 for punitive damages. It …
Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.
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
Should Contribution Among Tortfeasors Be Permitted In Actions Arising Under The Illinois Dram Shop Act?, Pete Almeroth
Should Contribution Among Tortfeasors Be Permitted In Actions Arising Under The Illinois Dram Shop Act?, Pete Almeroth
Loyola University Chicago Law Journal
No abstract provided.
Larson V. Buschkamp: The Effect Of Contribution On The Parent-Child Tort Immunity Doctrine And Its Implications For Strict Liability In Illinois, Celeste Marie King
Larson V. Buschkamp: The Effect Of Contribution On The Parent-Child Tort Immunity Doctrine And Its Implications For Strict Liability In Illinois, Celeste Marie King
Loyola University Chicago Law Journal
No abstract provided.
Discovery Of Government Attorney Work Product Under The Foia, Richard Allen Vance
Discovery Of Government Attorney Work Product Under The Foia, Richard Allen Vance
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Civil Procedure, John R. Leathers
Kentucky Law Survey: Civil Procedure, John R. Leathers
Kentucky Law Journal
No abstract provided.
Third-Party Actions: A Plaintiff's Perspective, Curt N. Rodin
Third-Party Actions: A Plaintiff's Perspective, Curt N. Rodin
Loyola University Chicago Law Journal
No abstract provided.
Risk Shifting Devices And Third-Party Practice: The Impact Of Skinner And Alvis, Miles J. Zaremski, Paul Cottrell
Risk Shifting Devices And Third-Party Practice: The Impact Of Skinner And Alvis, Miles J. Zaremski, Paul Cottrell
Loyola University Chicago Law Journal
No abstract provided.
Foreword, Allen Hartman Honorable
Foreword, Allen Hartman Honorable
Loyola University Chicago Law Journal
No abstract provided.
The Application Of Federal Rule Of Civil Procedure 13(A) In Mcdonald's Corp. V. Levine, Mark E. Shure
The Application Of Federal Rule Of Civil Procedure 13(A) In Mcdonald's Corp. V. Levine, Mark E. Shure
Loyola University Chicago Law Journal
No abstract provided.
The Equal Access To Justice Act, Pub. L. No. 96-481, 94 Stat. 2325 (1980), P. Scott Mitchell
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
Implied Indemnity After Skinner And The Illinois Contribution Act: The Case For A Uniform Standard, Suzanne Haraburd Anich
Implied Indemnity After Skinner And The Illinois Contribution Act: The Case For A Uniform Standard, Suzanne Haraburd Anich
Loyola University Chicago Law Journal
No abstract provided.
A Survey Of Contribution: Equal Or Fault-Based Shares?, Donald A. Smith
A Survey Of Contribution: Equal Or Fault-Based Shares?, Donald A. Smith
Loyola University Chicago Law Journal
No abstract provided.
Ancillary Jurisdiction: Plaintiffs' Claims Against Nondiverse Third-Party Defendants, Pamela J. Stephens
Ancillary Jurisdiction: Plaintiffs' Claims Against Nondiverse Third-Party Defendants, Pamela J. Stephens
Loyola University Chicago Law Journal
No abstract provided.
The Constitutionality Of The Federal Magistrate System After The Northern Pipeline Decision, Kenneth J. Phelan
The Constitutionality Of The Federal Magistrate System After The Northern Pipeline Decision, Kenneth J. Phelan
Villanova Law Review
No abstract provided.
Everybody's Doing It—But Who Should Be? Standing To Make A Disqualification Motion Based On An Attorney's Representation Of A Client With Interests Adverse To Those Of A Former Client, Andra Barmash Greene
Everybody's Doing It—But Who Should Be? Standing To Make A Disqualification Motion Based On An Attorney's Representation Of A Client With Interests Adverse To Those Of A Former Client, Andra Barmash Greene
Seattle University Law Review
This article examines the issue of standing for disqualification motions based on an attorney’s representation of a client with interest adverse to those of a former client of the attorney. The article focuses on the appropriateness of granting standing to nonclients to make disqualification motions, particularly when the former client has not objected to the attorney’s alleged conflict of interest. First, the article examines the Model Code of Professional Responsibility provisions implicated when an attorney is charged with a conflict of interest between present and former clients to discern what rights the Code wanted to safeguard. Second, this article considers …
Discovery Of Non-Testifying "In-House" Experts Under Federal Rule Of Civil Procedure 26, James R. Pielemeier
Discovery Of Non-Testifying "In-House" Experts Under Federal Rule Of Civil Procedure 26, James R. Pielemeier
Indiana Law Journal
No abstract provided.
Class Actions: Judicial Control Of Defense Communication With Absent Class Members, Donald D. Levenhagen
Class Actions: Judicial Control Of Defense Communication With Absent Class Members, Donald D. Levenhagen
Indiana Law Journal
No abstract provided.
Corporate And Institutional Accident Investigations As Work Product Pursuant To The Rules Of The Supreme Court Of Virginia, William Todd Benson
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 Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy
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.
The Abolition Of The Forms Of Action In Virginia, W. Hamilton Bryson
The Abolition Of The Forms Of Action In Virginia, W. Hamilton Bryson
University of Richmond Law Review
The common law procedure for initiating actions at law in the English courts required a plaintiff to obtain a writ invoking the jurisdiction of the court and to file a declaration setting forth the facts that justified instigation of the suit and established the cause of the action. This clumsy and archaic system of litigation was abolished by a single chop of the legislative guillotine in New York in 1848. England followed suit in 1875, and the United States federal courts in 1938. Writs and declarations were replaced by simple forms which were copied from the practice of the equity …
The Impact Of Allstate Insurance Co. V. Hague On Constitutional Limitations On Choice Of Law, W. Clark Williams Jr.
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 …
Civil Procedure - Federal Courts - Appellate Jurisdiction - Pendent Interlocutory Denial Of Class Certification May Not Be Reviewed With Appealable Interlocutory Order Denying Preliminary Injunction, Charles B. Congdon
Villanova Law Review
No abstract provided.
The Demand Requirement Of Rule 23.1 In Actions Brought Under Section 36(B) Of The Investment Company Act Of 1940, Lawrence F. Flick Ii
The Demand Requirement Of Rule 23.1 In Actions Brought Under Section 36(B) Of The Investment Company Act Of 1940, Lawrence F. Flick Ii
Villanova Law Review
No abstract provided.
Civil Procedure - A Prior Guilty Plea Is Sufficient To Raise And Establish The Affirmative Defense Of Collateral Estoppel Even Though That Defense Is Neither Pleaded Nor Articulated And No Record Of The Prior Proceeding Is Offered Into Evidence, Susan M. Harrison
Villanova Law Review
No abstract provided.