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Consolidating The Preliminary Injunction Hearing And Trial: Changing The Rules In The Middle Of The Game, Arthur D. Wolf
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 …
Mistakes Lawyers Make In Discovery, William W. Schwarzer
Mistakes Lawyers Make In Discovery, William W. Schwarzer
Faculty Scholarship
No abstract provided.
The Federal Rules, The Adversary Process, And Discovery Reform, William W. Schwarzer
The Federal Rules, The Adversary Process, And Discovery Reform, William W. Schwarzer
Faculty Scholarship
No abstract provided.
Nationwide Personal Jurisdiction In All Federal Question Cases: A New Rule 4 Note, Howard M. Erichson
Nationwide Personal Jurisdiction In All Federal Question Cases: A New Rule 4 Note, Howard M. Erichson
Faculty Scholarship
Every litigator who remembers first year civil procedure knows that the personal jurisdiction1 of federal courts is limited by state territorial boundaries. That limitation, however, may soon disappear in federal question cases. A new rule of civil procedure, currently under consideration by the federal rulemakers, would provide for nationwide service of process in all federal question cases. The proposed rule would profoundly affect forum selection in the federal courts. This Note argues in favor of the adoption of the new Rule 4's nationwide personal jurisdiction provision. Not only would the new Rule 4 be a legitimate exercise of authority, but …
Completing Equity's Conquest? Reflections On The Future Of Trial Under The Federal Rules Of Civil Procedure, Richard L. Marcus
Completing Equity's Conquest? Reflections On The Future Of Trial Under The Federal Rules Of Civil Procedure, Richard L. Marcus
Faculty Scholarship
No abstract provided.