Law Commons^™

Civil Justice Reform In The Western District Of Missouri, Carl W. Tobias

Law Faculty Publications

Congress passed the Civil Justice Reform Act (CJRA) of 1990 out of growing concern about litigation abuse in federal civil lawsuits, increasing cost and delay in those cases, and declining federal court access. The legislation commands every federal district court to promulgate a civil justice expense and delay reduction plan by December 1993. The statute also creates a demonstration program and designates the Northern District of California, the Northern District of West Virginia, and the Western District of Missouri as courts that are to "experiment with various methods of reducing cost and delay in civil litigation, including alternative dispute resolution. …

Opt-Outs At The Outlaw Inn: A Report From Montana, Carl W. Tobias

Law Faculty Publications

Report of Prof. Tobias' CLE presentation at the Montana State Bar Association's annual meeting, highlighting the 1993 revisions to the Federal Rules of Civil Procedure and the Civil Justice Reform Act.

Recalibrating The Civil Justice Reform Act, Carl W. Tobias

Law Faculty Publications

In 1990, Congress enacted the Civil Justice Reform Act ("CJRA"), a measure which could substantially change the nature of federal civil litigation. One aspect of the CJRA that provides evidence respecting the progress of civil justice reform is the civil justice expense and delay reduction plans issued in late 1991 by the thirty-four federal district courts which the Judicial Conference of the United States designated as Early Implementation District Courts ("EIDCs").

Congress is currently attempting to assess the reforms included in these plans, which constitute the initial significant step in implementing the CJRA. By some oversight, Congress has not invited …

Civil Justice Reform In The Fourth Circuit, Carl W. Tobias

Law Faculty Publications

Congress passed the Civil Justice Reform Act of 1990 (CJRA) because it was increasingly concerned about litigation and discovery abuse in federal civil cases, growing cost and delay in such suits, and decreasing access to federal courts. The statute requires that all ninety-four federal district courts develop civil justice expense and delay reduction plans by December 1993. Thirty-four districts issued plans by December 1991, and the Judicial Conference of the United States recently designated these districts as Early Implementation District Courts (EIDC).

Three of those EIDCs, the Eastern District of Virginia, the Northern District of West Virginia, and the Southern …

Executive Branch Civil Justice Reform, Carl W. Tobias

Law Faculty Publications

The authors of several papers in this Symposium have justifiably criticized the essay that former Vice President Dan Quayle published in Volume 41 of The American University Law Review. Many knowledgeable observers of the civil justice system have leveled equally legitimate criticism at civil justice reform initiatives that the Bush administration instituted. Questionable data, arguable policy, or overheated political rhetoric supported certain aspects of the Vice President's paper, as well as most of the proposals developed by the Competitiveness Council that the Vice President chaired and numerous efforts of the Republican administration in the area of civil justice reform.

One …

Silver Linings In Federal Civil Justice Reform, Carl W. Tobias

Law Faculty Publications

Many observers, including most of the participants in the civil litigation symposium, have levelled considerable criticism at the Civil Justice Reform Act of 1990 ("CJRA" or "Act") and its implementation. This criticism--which encompasses numerous phenomena, as abstract as constitutional theory and as pragmatic as numerical limitations on interrogatories--emanates from several quarters and ranges across the political spectrum.

Notwithstanding the numerous criticisms that observers have lodged at the statute and its effectuation, a number of which have considerable validity, the federal reform initiative has afforded many advantages. Unfortunately, these benefits have received comparatively little recognition. Because the reform's salutary aspects could …