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Articles 1 - 6 of 6
Full-Text Articles in Law
Discovering A Better Way: The Need For Effective Civil Litigation Reform, John H. Beisner
Discovering A Better Way: The Need For Effective Civil Litigation Reform, John H. Beisner
Duke Law Journal
This Article addresses the myriad problems posed by unfettered discovery in the United States Rather than promoting fairness and efficiency in the American legal system, plaintiffs today often use discovery in an abusive and vexatious manner to coerce defendants into accepting quick settlements Over the past several decades, discovery has expanded in both scope and magnitude such that discovery costs now account for at least half of the total litigation costs in any given case The advent of electronic discovery has only exacerbated the problem, given the sheer number of electronic documents generated in the course of business and the …
Sanctions For E-Discovery Violations: By The Numbers, Dan H. Willoughby Jr., Rose Hunter Jones, Gregory R. Antine
Sanctions For E-Discovery Violations: By The Numbers, Dan H. Willoughby Jr., Rose Hunter Jones, Gregory R. Antine
Duke Law Journal
This Article reviews our comprehensive survey of written opinions from cases in federal courts prior to January 1, 2010, involving motions for sanctions relating to the discovery of electronically stored information (ESI) We analyzed each case for various factors, including date, court, type of case, sanctioning authority, sanctioned party, sanctioned misconduct, sanction type, sanctions to counsel, if any, and the protections provided from sanctions by Federal Rule of Civil Procedure 37(e) The survey identified 401 sanction cases and 230 sanction awards and showed that sanction motions and awards have increased over time, particularly in the last five years Sanctions against …
From Conley To Twombly To Iqbal: A Double Play On The Federal Rules Of Civil Procedure, Arthur R. Miller
From Conley To Twombly To Iqbal: A Double Play On The Federal Rules Of Civil Procedure, Arthur R. Miller
Duke Law Journal
This Article discusses the effects of the recent Supreme Court decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal on the model of civil litigation established by the Federal Rules of Civil Procedure in 1938. Those Rules created a procedural system giving a litigant, using plain language and presenting the essential elements of a claim for relief an opportunity to pursue discovery and have his or her rights adjudicated on the merits. This Article discusses the basic values underlying that system and its importance in promoting broad citizen access to our federal courts and enabling the private enforcement …
Iqbal, Twombly, And The Expected Cost Of False Positive Error, Mark Anderson, Max Huffman
Iqbal, Twombly, And The Expected Cost Of False Positive Error, Mark Anderson, Max Huffman
Cornell Journal of Law and Public Policy
No abstract provided.
Discovery From Non-Parties (Third-Party Discovery) In International Arbitration, Charles O. Verrill Jr.
Discovery From Non-Parties (Third-Party Discovery) In International Arbitration, Charles O. Verrill Jr.
Faculty Scholarship
International arbitration rules and many arbitration laws usually provide procedures that permit tribunals to order parties to disclose documents and other materials to the other parties.1 More complex are the rules that determine opportunities to obtain discovery from persons that are not party to the arbitration (third-party discovery). This article will review third-party discovery under the Federal Arbitration Act (FAA) and the provisions of the US Code s.1782 that authorise US courts to act in aid of actions before foreign tribunals. Section 1782 has unique interest at this time because it figured prominently in the EU antitrust investigation of Intel …
May We Plead The Court - Twombly, Iqbal, And The "New" Practice Of Pleading, Jonathan D. Frankel
May We Plead The Court - Twombly, Iqbal, And The "New" Practice Of Pleading, Jonathan D. Frankel
Hofstra Law Review
No abstract provided.