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Articles 1 - 30 of 99
Full-Text Articles in Law
Introduction To The Civil Procedure Puzzle, Robert Bloom
Introduction To The Civil Procedure Puzzle, Robert Bloom
Robert Bloom
No abstract provided.
Summary Of In The Matter Of The Estate Of John W. Bowlds, 120 Nev. Adv. Rep. 100, Kristen T. Gallagher
Summary Of In The Matter Of The Estate Of John W. Bowlds, 120 Nev. Adv. Rep. 100, Kristen T. Gallagher
Nevada Supreme Court Summaries
An appeal from both parties regarding a court’s review of fee agreements between an estate and its attorneys.
Summary Of State V. Sutton, 120 Nev. Adv. Rep. 99, Kristen T. Gallagher
Summary Of State V. Sutton, 120 Nev. Adv. Rep. 99, Kristen T. Gallagher
Nevada Supreme Court Summaries
Appeal from a final judgment from a breach of contract and breach of the implied covenant of good faith and fair dealing in an employment law case.
Appellate Practice And Procedure, Roland F. L. Hall
Appellate Practice And Procedure, Roland F. L. Hall
Mercer Law Review
This Article surveys noteworthy decisions addressing appellate practice and procedure handed down by the Georgia appellate courts. The reviewed decisions fall into the following categories: (1) appellate jurisdiction; (2) preserving the record; (3) notice of appeal; (4) timeliness of appeal; and (5) miscellaneous cases of interest. Although there were no dramatic developments during the survey period, the courts addressed several topics of interest to the practitioner, particularly in the areas of preserving issues for appeal and correctly drafting the notice of appeal.
Trial Practice And Procedure, Jason L. Crawford, J. Clay Fuller, Dustin T. Brown, Kate S. Cook
Trial Practice And Procedure, Jason L. Crawford, J. Clay Fuller, Dustin T. Brown, Kate S. Cook
Mercer Law Review
During this survey period, the Georgia Supreme Court and Georgia Court of Appeals issued several noteworthy opinions on topics of interest to practitioners. This Article will address these judicial opinions that cover, among other topics, the issues of damages, immunity, the attorney-client relationship, indemnification, jurisdiction and venue, statutes of limitation, standing, and trial procedure. This Article will also address several developments in Georgia's statutory law impacting trial practice and procedure.
Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse
Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse
Nevada Law Journal
No abstract provided.
The Lawyer's Role(S) In Deliberative Democracy, Carrie Menkel-Meadow
The Lawyer's Role(S) In Deliberative Democracy, Carrie Menkel-Meadow
Nevada Law Journal
No abstract provided.
A Plumber Responds To The Philosophers: A Comment On Professor Menkel-Meadow's Essay On Deliberative Democracy, Philip J. Harter
A Plumber Responds To The Philosophers: A Comment On Professor Menkel-Meadow's Essay On Deliberative Democracy, Philip J. Harter
Nevada Law Journal
No abstract provided.
Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbie Mcadoo, Nancy A. Welsh
Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbie Mcadoo, Nancy A. Welsh
Nevada Law Journal
No abstract provided.
Summary Of United Insurance Company Of America Vs. Chapman, 120 Nev. Adv. Rep. 83, Ryan Hall
Summary Of United Insurance Company Of America Vs. Chapman, 120 Nev. Adv. Rep. 83, Ryan Hall
Nevada Supreme Court Summaries
The Nevada Supreme Court ruled that the prejudgment interest awarded to Chapman should have been calculated pursuant to the specific interest statute, rather than the general interest statute, because the special interest statute was in effect when the judgment was entered. The district court had erred by awarding the attorney fees to Chapman, because United’s claim was brought on reasonable ground. The award of postjudgment interest awarded to Chapman was also reversed.
Appeal Rates And Outcomes In Tried And Nontried Cases: Further Exploration Of Anti-Plaintiff Appellate Outcomes, Theodore Eisenberg
Appeal Rates And Outcomes In Tried And Nontried Cases: Further Exploration Of Anti-Plaintiff Appellate Outcomes, Theodore Eisenberg
Cornell Law Faculty Publications
Federal data sets covering district court and appellate court civil cases for cases terminating in fiscal years 1988 through 2000 are analyzed. Appeals are filed in 10.9 percent of filed cases, and 21.0 percent of cases if one limits the sample to cases with a definitive judgment for plaintiff or defendant. The appeal rate is 39.6 percent in tried cases compared to 10.0 percent of nontried cases. For cases with definitive judgments, the appeal filing rate is 19.0 percent in nontried cases and 40.9 percent in tried cases. Tried cases with definitive judgments are appealed to a conclusion on the …
Civil Practice And Procedure, John R. Walk
Civil Practice And Procedure, John R. Walk
University of Richmond Law Review
No abstract provided.
Summary Of Middleton Vs. Warden, 120 Nev. Adv. Rep. 74, Ryan Hall
Summary Of Middleton Vs. Warden, 120 Nev. Adv. Rep. 74, Ryan Hall
Nevada Supreme Court Summaries
The Nevada Supreme Court removed Middleton’s appointed appellate counsel due to substandard representation. On initial review, the Nevada Supreme Court ordered Middleton's counsel to submit an amended brief, limited to 80 pages. Counsel's "amended" brief was simply the original brief with the final few pages removed so as to meet the 80-page requirement. Counsel had repeatedly violated court orders, and the work product he ultimately submitted was unacceptable for representation of a client who was facing a death sentence.
A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck
A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck
Articles in Law Reviews & Other Academic Journals
In the past decade, the number of small, entrepreneurial businesses participating in the global economy has tripled. With this increase comes a rise in the number of cross-border commercial disputes. The unwary small business, not familiar with international transactions, may commit errors that adversely affect their ability to do and stay in business. This article focuses on analyzing which methods small businesses should use in constructing their dispute resolution provisions and how to avoid errors in drafting and negotiation.
Privacy, Plaintiff, And Pseudonyms: The Anonymous Doe Plaintiff In The Information Age, Jayne S. Ressler
Privacy, Plaintiff, And Pseudonyms: The Anonymous Doe Plaintiff In The Information Age, Jayne S. Ressler
Faculty Scholarship
No abstract provided.
Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala
Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
The Law Of Unintended Consequences: Supreme Court Jurisdiction Over Interlocutory Class Certification Rulings, Scott E. Gant
The Law Of Unintended Consequences: Supreme Court Jurisdiction Over Interlocutory Class Certification Rulings, Scott E. Gant
The Journal of Appellate Practice and Process
No abstract provided.
Mcdaniel V. Mcbrayer: Reform Need For Rule 68 - The Pendulum Of Protection Is Swinging Unevenly, Ladonna Williams
Mcdaniel V. Mcbrayer: Reform Need For Rule 68 - The Pendulum Of Protection Is Swinging Unevenly, Ladonna Williams
North Carolina Central Law Review
No abstract provided.
The Role Of Opt-Outs And Objectors In Class Action Litigation: Theoretical And Empirical Issues, Theodore Eisenberg, Geoffrey P. Miller
The Role Of Opt-Outs And Objectors In Class Action Litigation: Theoretical And Empirical Issues, Theodore Eisenberg, Geoffrey P. Miller
Cornell Law Faculty Publications
No abstract provided.
Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer
Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer
Faculty Publications
In Calder v. Jones, the Supreme Court clearly and succinctly determined that personal jurisdiction is appropriate over a defendant whose only contact with the forum state is its intentional actions aimed at and having harmful "effects" in the forum state. Illustrating the extent to which the law of personal jurisdiction had been relaxed from the time of Pennoyer v. Neff and International Shoe Co. v. Washington, Calder also extended the reach of state courts by permitting jurisdiction over out-of-state defendants on the strength of the plaintiffs' connections with the forum state. Although Calder provided a welcome and much …
How Like A Winter? The Plight Of Absent Class Members Denied Adequate Representation, Susan P. Koniak
How Like A Winter? The Plight Of Absent Class Members Denied Adequate Representation, Susan P. Koniak
Faculty Scholarship
Class actions assume absent class members. 2 Notices in class actions tell class members that they need not show up in the courthouse, although they may if they choose.3 Class members are told that class counsel and the named class representatives will look out for them, although if they choose to hire their own lawyer, she may appear on their behalf.4 They are also routinely told that once the decision in the class action becomes final they will be bound by it, losing any and all right to protest the resolution of their claims by the class action …
Summary Of Bohlmann V. Printz, 120 Nev. Adv. Rep. 62, Z. Ryan Pahnke
Summary Of Bohlmann V. Printz, 120 Nev. Adv. Rep. 62, Z. Ryan Pahnke
Nevada Supreme Court Summaries
No abstract provided.
The Good, The Bad, And The Ambiguous: Recent Developments In West Virginia's Class Action Jurisprudence, Brad Dorsey
The Good, The Bad, And The Ambiguous: Recent Developments In West Virginia's Class Action Jurisprudence, Brad Dorsey
West Virginia Law Review
No abstract provided.
Riner V. Newbraugh: The Role Of Mediator Testimony In The Enforcement Of Mediated Agreements, Joshua S. Rogers
Riner V. Newbraugh: The Role Of Mediator Testimony In The Enforcement Of Mediated Agreements, Joshua S. Rogers
West Virginia Law Review
No abstract provided.
6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island
6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
First Things First: Federal Courts Should Determine The Legal Status Of Lloyd's Of London Syndicate Before Deciding The Syndicate's Citizenship For Diversity Purposes, John M. Brust
Washington Law Review
Lloyd's of London provides a marketplace where groups of underwriters form syndicates to insure risk. The United States Circuit Courts of Appeals have split on the question of how to determine whether a federal court has diversity jurisdiction over a controversy involving Lloyd's syndicates. In a diversity action, each party must have diverse citizenship from all opposing parties. Circuit courts disagree about which diversity of citizenship test applies to suits involving Lloyd's syndicates. The Second, Third, and Sixth Circuits have applied the real party in interest test. This test looks only to the citizenship of the parties that have a …
Between 'Merit Inquiry' And 'Rigorous Analysis': Using Daubert To Navigate The Gray Areas Of Federal Class Action Certification, Elizabeth Chamblee Burch
Between 'Merit Inquiry' And 'Rigorous Analysis': Using Daubert To Navigate The Gray Areas Of Federal Class Action Certification, Elizabeth Chamblee Burch
Scholarly Works
In recent years, the class action certification hearing has become the latest forum for disputes over the reliability of expert testimony. Since these hearings may involve complex technical matters, litigants frequently try to introduce expert testimony to either establish or challenge the basic requirements for class certification. Yet, most courts do not conduct a Daubert analysis before admitting expert testimony during certification, evaluate the evidence according to a uniform standard, or adequately weigh opposing expert opinions.
Even though the Federal Rules of Evidence codify procedures to ensure the reliability of expert testimony, courts have been reluctant to employ them during …
Summary Of Pan V. Eighth Judicial District Court, 120 Nev. Adv.Op.No.26, Ronda Heilig
Summary Of Pan V. Eighth Judicial District Court, 120 Nev. Adv.Op.No.26, Ronda Heilig
Nevada Supreme Court Summaries
When all of the “prerequisites for finality are met, an order that dismisses a case for forum non conveniens is a final judgment that should be reviewed on appeal,”2 and not via a petition for a writ of mandamus.
Justice For The Collective: The Limits Of The Human Rights Class Action, Paul R. Dubinsky
Justice For The Collective: The Limits Of The Human Rights Class Action, Paul R. Dubinsky
Michigan Law Review
The class action lawsuit is our grand procedural experiment in collective justice. As against the U.S. legal system's strong orientation toward individual rights rather than group rights, the class action is a countercurrent. Through Rule 23 of the Federal Rules of Civil Procedure, large numbers of previously unaffiliated individuals can proceed in federal court as a group, litigating through representatives. A recent form of this litigation, the human rights class action, takes this experiment to its far reaches. In the human rights class action, the tension between individual claimants and the group as a whole can be heightened. The class …