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1989

Civil Procedure

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Articles 1 - 30 of 49

Full-Text Articles in Law

Stalking The Meritless Claim: Summary Judgment In The Federal Courts After Celotex, Anderson And Matsushita, Paul Lund Nov 1989

Stalking The Meritless Claim: Summary Judgment In The Federal Courts After Celotex, Anderson And Matsushita, Paul Lund

Paul Lund

Article received award for best lead article published in the Florida Bar Journal in 1989-1990.


Insuring Rule 11 Sanctions, Cary Coglianese Nov 1989

Insuring Rule 11 Sanctions, Cary Coglianese

Michigan Law Review

Federal Rule of Civil Procedure 11 requires courts to sanction attorneys who file frivolous papers. Since 1983, when the rule was amended, attorney sanctions have emerged as an increasingly significant aspect of civil litigation in the United States.

Can these and other attorneys find coverage for sanctions under their existing policies? Should they be allowed to obtain coverage for sanctions at all? This Note addresses these questions and attempts to sketch the landscape surrounding the looming issue of insurance coverage for rule 11 sanctions. To determine whether sanctions can and should be insurable, it is necessary first to understand the …


The Constitutional Conundrum Of Black Lung Appeals: Two Proposed Solutions, Pete S. Michaels Oct 1989

The Constitutional Conundrum Of Black Lung Appeals: Two Proposed Solutions, Pete S. Michaels

University of Michigan Journal of Law Reform

Part I of this Article explains the statutory requirements that a black lung benefits claimant must meet and how these claimants' failure to meet statutory prerequisites results in the dismissal of their claims. Part II argues that the current procedures are inadequate to protect the rights of black lung benefits claimants. Dismissal of their claims violates the petitioners' rights to due process of law and pro se representation. Part III proposes two solutions to the crisis. The first proposal is simply a form that would be distributed to all claimants explaining the procedures they must follow to avoid dismissal. Part …


Blind Man's Bluff: An Analysis Of The Discovery Of Expert Witnesses Under Federal Rule Of Civil Procedure 26(B)(4) And A Proposed Amendment, Mathew R. Wildermuth Oct 1989

Blind Man's Bluff: An Analysis Of The Discovery Of Expert Witnesses Under Federal Rule Of Civil Procedure 26(B)(4) And A Proposed Amendment, Mathew R. Wildermuth

Indiana Law Journal

No abstract provided.


Appellate Review Of Rule 11 Issues-De Novo Or Abuse Of Discretion? Thomas V. Capital Security Services, Inc., D. Lee Decker Sep 1989

Appellate Review Of Rule 11 Issues-De Novo Or Abuse Of Discretion? Thomas V. Capital Security Services, Inc., D. Lee Decker

BYU Law Review

No abstract provided.


Gaining Access To The Jury: A Critical Guide To The Law Of Jury Selection In West Virginia, Part Two, Charles R. Disalvo Sep 1989

Gaining Access To The Jury: A Critical Guide To The Law Of Jury Selection In West Virginia, Part Two, Charles R. Disalvo

West Virginia Law Review

No abstract provided.


Equitable Tolling Of Statutory Benefit Time Limitations: A Congressional Intent Analysis, David D. Doran Jul 1989

Equitable Tolling Of Statutory Benefit Time Limitations: A Congressional Intent Analysis, David D. Doran

Washington Law Review

Courts toll time limitations that limit a statutory right to sue when tolling is consonant with congressional intent. Courts have left open, however, whether to extend this congressional intent analysis to toll time limitations that limit a statutory right to receive a benefit. This Comment analyzes how the United States Supreme Court's 1988 decision in INS v. Pangilinan affects the power of courts to equitably toll time limitations limiting the application period for a statutory benefit. The Comment concludes that these benefit time limitations should be tollable when they are consonant with congressional intent.


Rhetoric And Reality In The Law Of Federal Courts: Professor Fallon's Faulty Premise, Michael L. Wells Jul 1989

Rhetoric And Reality In The Law Of Federal Courts: Professor Fallon's Faulty Premise, Michael L. Wells

Scholarly Works

Richard Fallon's recent article, "The Ideologies of Federal Courts Law," [74 Va. L. Rev. 1141 (1988)] offers valuable insights into a bewildering body of Supreme Court doctrine. He effectively demonstrates the "substantial doctrinal instability" of this body of law, and also discerns a pattern amid the chaos. Fallon's treatment of the case law and the scholarship is fair-minded, meticulous, and incisive.

I disagree, however, with one aspect of Fallon's thesis. In my view, he falters when identifying sources of the discontinuity in the doctrine. In Part I of his article he argues that the decisions reflect "two sets of incompatible …


Civil Procedure—Arkansas Rule Of Civil Procedure 53(B)—An End To The Use Of Special Referees In Arkansas. Hutton V. Savage, Richard E. Olszewski Jul 1989

Civil Procedure—Arkansas Rule Of Civil Procedure 53(B)—An End To The Use Of Special Referees In Arkansas. Hutton V. Savage, Richard E. Olszewski

University of Arkansas at Little Rock Law Review

No abstract provided.


Rule 11 Sanctions: The Special Problem Of Local Counsel, Steve Leben Jun 1989

Rule 11 Sanctions: The Special Problem Of Local Counsel, Steve Leben

Faculty Works

No abstract provided.


God, Metaprocedure, And Metarealism At Yale, Linda S. Mullenix May 1989

God, Metaprocedure, And Metarealism At Yale, Linda S. Mullenix

Michigan Law Review

A Review of Procedure by Robert M. Cover, Owen M. Fiss, and Judith F. Resnik


The Right To Appointed Counsel For Indigent Civil Litigants: The Demands Of Due Process, William L. Dick Jr. Apr 1989

The Right To Appointed Counsel For Indigent Civil Litigants: The Demands Of Due Process, William L. Dick Jr.

William & Mary Law Review

No abstract provided.


A New Litany Of Personal Jurisdiction, Margaret G. Stewart Mar 1989

A New Litany Of Personal Jurisdiction, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.


Civil Procedure - Avoiding Duplicative Litigation - The First-Filed Rule, Jean D. Renshaw Jan 1989

Civil Procedure - Avoiding Duplicative Litigation - The First-Filed Rule, Jean D. Renshaw

Villanova Law Review

No abstract provided.


Consolidating The Preliminary Injunction Hearing And Trial: Changing The Rules In The Middle Of The Game, Arthur D. Wolf Jan 1989

Consolidating The Preliminary Injunction Hearing And Trial: Changing The Rules In The Middle Of The Game, Arthur D. Wolf

Faculty Scholarship

In this Article the Author addresses the issues surrounding consolidation, the situation that arises when a court decides the merits of a dispute based solely on the record produced at a hearing on motion for a preliminary injunction. The Author identifies some of the more flagrant abuses that trial and appellate courts have committed in reaching the merits after only a hearing on a motion for preliminary relief. The proposed amendments discussed in the Article would serve both courts and parties. They would prevent the kind of abuses discussed in this article by requiring that the parties be informed of …


Attorney Sanctions In Illinois Under Illinois Supreme Court Rule 137, George W. Timberlake Honorable, Nancy Pionk Jan 1989

Attorney Sanctions In Illinois Under Illinois Supreme Court Rule 137, George W. Timberlake Honorable, Nancy Pionk

Loyola University Chicago Law Journal

No abstract provided.


Trower V. Jones: Expanding The Scope Of Permissible Cross-Examination Of Expert Witnesses, Julie A. Correll Jan 1989

Trower V. Jones: Expanding The Scope Of Permissible Cross-Examination Of Expert Witnesses, Julie A. Correll

Loyola University Chicago Law Journal

No abstract provided.


The Civil Pro Se Litigant V. The Legal System, Howard M. Rubin Jan 1989

The Civil Pro Se Litigant V. The Legal System, Howard M. Rubin

Loyola University Chicago Law Journal

No abstract provided.


Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson Jan 1989

Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson

Law Faculty Publications

Rules 2:41 and 3:3(c) of the Rules of Virginia Supreme Court ("Rules of Court") require the dismissal of an action if service of process is not accomplished within one year after the filing thereof unless the plaintiff can show "due diligence" or good cause for the delay. 3 Since the plaintiff can get personal service on a defendant who has absconded by means of the general long arm statute,4 it will be a heavy burden in practice to show due diligence or good cause or it will be a highly unusual situation. Recently, two issues have arisen regarding these rules.


Rule 11 And Civil Rights Litigation, Carl W. Tobias Jan 1989

Rule 11 And Civil Rights Litigation, Carl W. Tobias

Law Faculty Publications

The recent amendment of rule 11 may well have engendered more controversy than any other revision since the Federal Rules of Civil Procedure were first promulgated one-half century ago. The new version essentially requires that judges impose sanctions on lawyers and parties who fail to conduct reasonable inquiries before filing court papers. The amendment's adoption was prompted by increasing concern about abuse of the litigation process and about the "litigation explosion" -the perception that unprecedented numbers of civil cases were being filed and that too many lacked merit. Proponents have hailed the revised rule as the savior of the civil …


Note: Insuring Rule 11 Sanctions, Cary Coglianese Jan 1989

Note: Insuring Rule 11 Sanctions, Cary Coglianese

All Faculty Scholarship

No abstract provided.


Civil Procedure, Michael J. Gallagher Honorable, Mary Beth Snyder Jan 1989

Civil Procedure, Michael J. Gallagher Honorable, Mary Beth Snyder

Loyola University Chicago Law Journal

No abstract provided.


Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson Jan 1989

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

University of Richmond Law Review

Rules 2:4 and 3:3(c) of the Rules of Virginia Supreme Court ("Rules of Court") require the dismissal of an action if service of process is not accomplished within one year after the filing thereof unless the plaintiff can show "due diligence" or good cause for the delay. Since the plaintiff can get personal service on a defendant who has absconded by means of the general long arm statute, it will be a heavy burden in practice to show due diligence or good cause or it will be a highly unusual situation. Recently, two issues have arisen regarding these rules.


Transnational Discovery In The Extraterritorial Application Of U.S. Antitrust Laws, Maria Eugenia Gimenez Jan 1989

Transnational Discovery In The Extraterritorial Application Of U.S. Antitrust Laws, Maria Eugenia Gimenez

LLM Theses and Essays

After World War II, there was a push for economic integration to promote growth and prevent conflict. Multinational corporations became key players, but their mobility and links to different countries created legal challenges, with nations seeking to assert their laws and policies over foreign entities. U.S. courts’ efforts to compel compliance with antitrust laws abroad can lead to conflicts with foreign jurisdictions, especially concerning the disclosure of evidence held by foreign entities. The “effects doctrine” allows U.S. antitrust laws to be applied to foreign conduct if they have intended economic effects in the U.S. Subsequent cases refined this doctrine, considering …


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.


Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall Jan 1989

Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall

University of Richmond Law Review

Once a cornerstone of American jurisprudence, the requirement of prosecution based upon grand jury indictment no longer stands unchallenged. Instead, alternate means of commencing prosecution, most notably by information and the preliminary hearing, have prompted lawmakers to look at the grand jury with a heightened scrutiny. Subsequently, such alternatives have become the primary prosecutorial tools in many states. Virginia, however, retains the grand jury system which was implemented in colonial times.


University Of Richmond Law Review Jan 1989

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Judges Against Juries—Appellate Review Of Federal Civil Jury Verdicts, Eric Schnapper Jan 1989

Judges Against Juries—Appellate Review Of Federal Civil Jury Verdicts, Eric Schnapper

Articles

This Article seeks to assess the treatment of civil jury verdicts by the federal courts of appeals during the two decades in which the Supreme Court has refused to scrutinize the actions of the circuit courts. Part I summarizes the manner in which the Supreme Court, prior to 1968, aggressively enforced the seventh amendment. Part II, focusing on a one-year period between the fall of 1984 and the fall of 1985, describes the actions of the courts of appeals in resolving the 208 reported cases in which a party challenged the sufficiency of the evidence to support a jury verdict. …


Sexual Harassment Cases And The Law Of Evidence: A Proposed Rule, Catherine O'Neill Jan 1989

Sexual Harassment Cases And The Law Of Evidence: A Proposed Rule, Catherine O'Neill

Faculty Articles

Federal Rule of Evidence 412 eliminates from the jury's consideration during a criminal rape trial evidence of the victim's past sexual experiences in all but a few narrowly drawn circumstances. In enacting Rule 412, Congress' primary purpose was to spare victims of rape the degrading and unwarranted intrusions into intimate details of their private lives that had formerly been common practice in the federal courts. Part I of this comment discusses the background, structure and rationale of Federal Rule of Evidence 412. Part II argues that the justifications for the enactment of Rule 412 in the context of rape also …


The Continuing Questions Regarding Citizen Suits Under The Clean Water Act: Gwaltney Of Smithfield, Ltd. V. Chesapeake Bay Foundation Jan 1989

The Continuing Questions Regarding Citizen Suits Under The Clean Water Act: Gwaltney Of Smithfield, Ltd. V. Chesapeake Bay Foundation

Washington and Lee Law Review

No abstract provided.