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1997

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Mercer Law Review

Litigation

Articles 1 - 4 of 4

Full-Text Articles in Law

Class Action Law In Georgia: Emerging Trends In Litigation, Certification, And Settlement, Jeffrey G. Casurella, John R. Bevis Dec 1997

Class Action Law In Georgia: Emerging Trends In Litigation, Certification, And Settlement, Jeffrey G. Casurella, John R. Bevis

Mercer Law Review

In the litigation world, few words trigger more attention and more debate than the term "class action." At the term's first appearance, the playing field is set. Plaintiffs urge that class actions are a necessary vehicle to litigate paltry and duplicitous claims otherwise inconvenient or uneconomical to prosecute. In response, defendants argue class actions constitute an abuse complicated by individuality and unmanageability. Rarely do the parties agree to the utility of class actions. Notwithstanding this classic disagreement, this type of litigation serves a useful purpose, filling a vacuum left otherwise empty when legislatures fail to legislate and attorneys general fail …


Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell Dec 1997

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell

Mercer Law Review

The most interesting and significant developments in the area of trial practice and procedure during the survey period came not from Georgia's appellate courts but from the Georgia General Assembly. This Article will first analyze the significant legislation that came from beneath the gold dome in 1997. It will then review the most significant appellate cases.


Trial Practice And Procedure, Philip W. Savrin Jul 1997

Trial Practice And Procedure, Philip W. Savrin

Mercer Law Review

This Article surveys the 1996 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.


Appellate Practice And Procedure, Lawrence A. Slovensky Jul 1997

Appellate Practice And Procedure, Lawrence A. Slovensky

Mercer Law Review

The United States Court of Appeals for the Eleventh Circuit decided several cases during 1996 which represented significant additions or modifications to the law governing appellate practice and procedure in this circuit. For example, the court attempted to clarify the circumstances in which interlocutory collateral orders involving the qualified immunity defense can be appealed, announced a new definition for "excusable neglect" in determining whether an untimely notice of appeal can be allowed, and analyzed the use of the harmless error rule in instructional omission cases. This Article will survey developments in appellate practice and procedure in the Court of Appeals …