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2018

Litigation

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Full-Text Articles in Law

Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff Dec 2018

Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff

All Faculty Scholarship

After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the American Pipe doctrine an active part of its docket. American Pipe addresses the tolling of statutes of limitations in federal class action litigation. When plaintiffs file a putative class action in federal court and class certification is denied, absent members of the putative class may wish to pursue their claims in some kind of further proceeding. If the statute of limitations would otherwise have expired while the class certification issue was being resolved, these claimants may need the benefit of …


The Civil Rights Litigation Clearinghouse: Origins And Goals, Margo Schlanger Nov 2018

The Civil Rights Litigation Clearinghouse: Origins And Goals, Margo Schlanger

Articles

The Civil Rights Litigation Clearinghouse (http://clearinghouse.net) solves a significant information deficit related to civil rights litigation by posting information about thousands of ongoing and closed large-scale civil rights cases. Documents are OCR’d and searchable; cases are searchable by metadata tags as well as full-text searching. Each case has a litigation summary by a law student. We live in a civil rights era—a time when people are using the courts, among other strategies, to fight for civil rights. The Clearinghouse posts the records of those fights, the stories of civil rights cases—across topics, across regions, across organizations—and makes them searchable, usable, …


Law School News: Bailey And Kilpatrick Join Rwu School Of Law Board 11/01/2018, Edward Fitzpatrick Nov 2018

Law School News: Bailey And Kilpatrick Join Rwu School Of Law Board 11/01/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Will Delaware Be Different? An Empirical Study Of Tc Heartland And The Shift To Defendant Choice Of Venue, Ofer Eldar, Neel U. Sukhatme Nov 2018

Will Delaware Be Different? An Empirical Study Of Tc Heartland And The Shift To Defendant Choice Of Venue, Ofer Eldar, Neel U. Sukhatme

Georgetown Law Faculty Publications and Other Works

Why do some venues evolve into litigation havens while others do not? Venues might compete for litigation for various reasons, like enhancing their judges’ prestige and increasing revenues for the local bar. This competition is framed by the party that chooses the venue. Whether plaintiffs or defendants primarily choose venue is crucial because, we argue, the two scenarios are not symmetrical.

The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods LLC illustrates this dynamic. There, the Court effectively shifted venue choice in many patent infringement cases from plaintiffs to corporate defendants. We use TC Heartland to empirically …


Prosecutor In Criminal Proceedings, M Radjapova Oct 2018

Prosecutor In Criminal Proceedings, M Radjapova

ProAcademy

This a rticle enlightens specific features o f the p a rtic ip a tio n o f the p rosecutors in co urt hearings o f crim in a l cases, th e ir p ro c e d u ra l status, tasks a n d p o w e rs in a c c o rd a n c e with the C rim in al P ro ced u ra l C o d e o f the R epublic o f U zbekistan a n d the Law o f the R epublic o f …


When Law Calls, Does Science Answer? A Survey Of Distinguished Scientists & Engineers, Shari Seidman Diamond, Richard O. Lempert Oct 2018

When Law Calls, Does Science Answer? A Survey Of Distinguished Scientists & Engineers, Shari Seidman Diamond, Richard O. Lempert

Articles

Sound legal decision-making frequently requires the assistance of scientists and engineers. The survey we conducted with the cooperation of the American Academy examines the views of the legal system held by some of the nation’s most distinguished scientists and engineers, what motivates them to participate or to refuse to assist in lawsuits when asked, and their assessment of their experiences when they do participate. The survey reveals that a majority of the responding scientists and engineers will agree to participate when asked, and when they turn down requests, the most common reasons are lack of time and absence of relevant …


Buffalo Field Campaign V. Zinke, Hallee C. Kansman Sep 2018

Buffalo Field Campaign V. Zinke, Hallee C. Kansman

Public Land & Resources Law Review

Despite years of litigation and legislation, the protection status of bison in and around Yellowstone National Park remains unsettled. Buffalo Field Campaign, a non-profit group, has spent decades spearheading the fight to list the species as either endangered or threatened under the Endangered Species Act. Buffalo Field Campaign v. Zinke tests the scope of agency directives and the strictness of the statutory language which guides agency actions.


Law Library Blog (September 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2018

Law Library Blog (September 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Guidelines And Best Practices For Large And Mass-Tort Mdls (Second Edition), Bolch Judicial Institute Sep 2018

Guidelines And Best Practices For Large And Mass-Tort Mdls (Second Edition), Bolch Judicial Institute

Bolch Judicial Institute Publications

Mass-tort MDLs dominate the federal civil docket, yet they present enormous challenges to transferee judges assigned to manage them. There is little official guidance and no rules specific to the management of mass-tort MDLs, often requiring the transferee judge to develop procedures out of whole cloth.

Beginning in 2013, the Bolch Judicial Institute (then the Center for Judicial Studies) sought to address this issue through a series of annual bench-bar conferences. From these conferences came the Guidelines and Best Practices for Large and Mass-Tort MDLs document — now in its Second Edition — which is designed to help judges and …


Looking For Venue In The Patently Right Places: A Parallel Study Of The Venue Act And Venue In Anda Litigation, Mengke Xing Aug 2018

Looking For Venue In The Patently Right Places: A Parallel Study Of The Venue Act And Venue In Anda Litigation, Mengke Xing

San Diego Law Review

Like any other type of litigation, venue is often an important strategic decision for patent infringement litigants. Under the traditional nation-wide venue rule, a patent owner was able to sue a corporate defendant almost in every district in the country, giving rise to abusive forum shopping and the popularity of the Eastern District of Texas. Last year, the Supreme Court in TC Heartland dramatically changed the legal framework of venue in patent litigation, while leaving some issues unaddressed. After a discussion of the evolvement of venue laws and the significance of TC Heartland, this Comment focuses on the Venue Equity …


Book Review Of The Measure Of Injury: Race, Gender, And Tort Law, By Martha Chamallas And Jennifer B. Wriggins, Anne Bloom, Julie Davies May 2018

Book Review Of The Measure Of Injury: Race, Gender, And Tort Law, By Martha Chamallas And Jennifer B. Wriggins, Anne Bloom, Julie Davies

Anne Bloom

No abstract provided.


Litigating Trauma As Disability In American Schools, Taylor N. Mullaney May 2018

Litigating Trauma As Disability In American Schools, Taylor N. Mullaney

Northwestern Journal of Law & Social Policy

No abstract provided.


The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto May 2018

The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto

Student Theses 2015-Present

Abstract

We are raised from the early days of our youth to distinguish right from wrong, evil from good. Though there are many careers that have easily distinguishable ethics from their day of creation, others require spend their entire professional careers floating in a grey area. Being a lawyer can leave you in limbo very often. The ethical battle between prosecuting people whose actions go against everything you believe in and defending someone who actions you struggle to rationalize, looking for a “nail in the coffin” or finding a way to pry it open can play a large role in …


“Nationwide” Injunctions Are Really “Universal” Injunctions And They Are Never Appropriate, Howard Wasserman May 2018

“Nationwide” Injunctions Are Really “Universal” Injunctions And They Are Never Appropriate, Howard Wasserman

Howard M Wasserman

Federal district courts are routinely issuing broad injunctions prohibiting the federal government from enforcing constitutionally invalid laws, regulations, and policies on immigration and immigration-adjacent issues. Styled “nationwide injunctions,” they prohibit enforcement of the challenges laws not only against the named plaintiffs, but against all people and entities everywhere.

The first problem with these injunctions is one of nomenclature. “Nationwide” suggests something about the “where” of the injunction, the geographic scope in which it protects. The better term is “universal injunction,” which captures the real controversy over the “who” of the injunction, as courts purport to protect the universe of all …


On Drugs: Preemption, Presumption, And Remedy, Elizabeth Mccuskey May 2018

On Drugs: Preemption, Presumption, And Remedy, Elizabeth Mccuskey

Faculty Scholarship

This essay explores the role of litigation in drug safety regulation and the role of drug safety regulation in litigation, exemplified by the 2017 National Health Law Moot Court Problem. Using the example of failure-to-update claims against generic drug manufacturers, this essay argues that pharmaceutical preemption doctrine would benefit from a tailored application of the presumption against preemption. It proposes a presumption that Congress does not intend to displace historic state remedies for injury without clearly saying so, focusing on the role of remedy to account for the evolving overlap in federal and state police powers over health and to …


Trends In Private Patent Costs And Rents For Publicly-Traded United States Firms, James Bessen, Peter Neuhausler, John L. Turner, Jonathan Williams May 2018

Trends In Private Patent Costs And Rents For Publicly-Traded United States Firms, James Bessen, Peter Neuhausler, John L. Turner, Jonathan Williams

Faculty Scholarship

We use detailed data to estimate the private costs and private rents of United States patents for publicly-traded firms. In analyzing costs, we first introduce a novel theoretical model to interpret our estimates. We then combine lawsuit data from Derwent Litalert with non-practicing entity (NPE) lawsuits collected by Patent Freedom, and use an event-study approach to estimate losses suffered by alleged infringers during 1984-2009. To estimate rents, we combine patent data from the USPTO and EPO with financial data from COMPUSTAT, and use market-value regressions to estimate the value of patent rents for publicly-traded US firms during 1979-2002. We find …


Newsletter, Spring 2018, Golden Gate University School Of Law Apr 2018

Newsletter, Spring 2018, Golden Gate University School Of Law

Litigation Center at Golden Gate University School of Law

No abstract provided.


Rethinking Judicial Review Of High Volume Agency Adjudication, Jonah B. Gelbach, David Marcus Apr 2018

Rethinking Judicial Review Of High Volume Agency Adjudication, Jonah B. Gelbach, David Marcus

All Faculty Scholarship

Article III courts annually review thousands of decisions rendered by Social Security Administrative Law Judges, Immigration Judges, and other agency adjudicators who decide large numbers of cases in short periods of time. Federal judges can provide a claim for disability benefits or for immigration relief the sort of consideration that an agency buckling under the strain of enormous caseloads cannot. Judicial review thus seems to help legitimize systems of high volume agency adjudication. Even so, influential studies rooted in the gritty realities of this decision-making have concluded that the costs of judicial review outweigh whatever benefits the process creates.

We …


Deterrence And Aggregate Litigation, Keith N. Hylton Apr 2018

Deterrence And Aggregate Litigation, Keith N. Hylton

Faculty Scholarship

This paper examines the deterrence properties of aggregate litigation and class actions, with an emphasis on positive value claims. In the multiple victim scenario with positive value claims, the probability that an individual victim will bring suit falls toward zero with geometric decay as the number of victims increases. The reason is that the incentive to free ride increases with the number of victims. Deterrence does not collapse but is degraded. Undercompliance is observed, which worsens as the number of victims increases. Compliance is never socially optimal, and the shortfall from optimality increases with the number of victims. These results, …


Rwu First Amendment Blog: David Logan's Blog: Weather Forecast For March 25: Stormy On 60 Minutes? 03-18-2018, David A. Logan Mar 2018

Rwu First Amendment Blog: David Logan's Blog: Weather Forecast For March 25: Stormy On 60 Minutes? 03-18-2018, David A. Logan

Law School Blogs

No abstract provided.


Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter Reilly Mar 2018

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter Reilly

Peter R. Reilly

According to the U.S. Department of Justice (“DOJ”), deferred prosecution agreements are said to occupy an “important middle ground” between declining to prosecute on the one hand, and trials or guilty pleas on the other. A top DOJ official has declared that, over the last decade, the agreements have become a “mainstay” of white collar criminal law enforcement; a prominent criminal law professor calls their increased use part of the “biggest change in corporate law enforcement policy in the last ten years.”

However, despite deferred prosecution’s apparent rise in popularity among law enforcement officials, the article sets forth the argument …


"Special Solicitude": The Growing Power Of State Attorneys General, Mark L. Earley Mar 2018

"Special Solicitude": The Growing Power Of State Attorneys General, Mark L. Earley

University of Richmond Law Review

No abstract provided.


Allocating Patent Litigation Risk Across The Supply Chain, Michael J. Meurer Mar 2018

Allocating Patent Litigation Risk Across The Supply Chain, Michael J. Meurer

Faculty Scholarship

The paradigmatic defendant in a patent lawsuit is a vertically integrated manufacturer. But much economic activity is conducted collaboratively by a supply chain of vertically disintegrated firms, and sometimes multiple firms are implicated in infringing activities, by making, selling, or using patented technology, or by contributing to or inducing another firm’s infringement. Often patent owners have the option of suing some or all of the members of a supply chain who contribute to the design, creation and marketing of a new technology.

Businesses increasingly contemplate the risk of patent infringement when they negotiate contractual relations to form a supply chain. …


How Commonsense Consumption Acts Are Preventing “Big Food” Litigation, Grace Thompson Feb 2018

How Commonsense Consumption Acts Are Preventing “Big Food” Litigation, Grace Thompson

Seattle University Law Review

This Note takes a critical look at Commonsense Consumption Acts and how they are detrimental to the possibility of “Big Food” litigation. The tobacco industry was held accountable through the effective use of tort litigation (commonly referred to as “Big Tobacco” litigation), and the food industry could theoretically be held similarly accountable, but CCAs are preventing the possibility of similar reform. Therefore, in order for health reform to be as effective as tobacco reform, CCAs must be repealed in the states where they exist. Part I of this Note discusses why the food industry needs tort reform. Specifically, it argues …


Book Review Of The Inception Of Modern Professional Education: C.C. Langdell, 1826-1906, By Bruce A. Kimball, Christopher Tomlins Feb 2018

Book Review Of The Inception Of Modern Professional Education: C.C. Langdell, 1826-1906, By Bruce A. Kimball, Christopher Tomlins

Christopher Tomlins

No abstract provided.


See You In Court: Around The World In Eight Climate Change Lawsuits, Myanna Dellinger Feb 2018

See You In Court: Around The World In Eight Climate Change Lawsuits, Myanna Dellinger

William & Mary Environmental Law and Policy Review

No abstract provided.


A Prelude To Jenkins V. Ncaa: Amateurism, Antitrust Law, And The Role Of Consumer Demand In A Proper Rule Of Reason Analysis, Marc Edelman Jan 2018

A Prelude To Jenkins V. Ncaa: Amateurism, Antitrust Law, And The Role Of Consumer Demand In A Proper Rule Of Reason Analysis, Marc Edelman

Louisiana Law Review

The article focuses on prelude to the litigation in Jenkins v. National Collegiate Athletic Association (NCAA) and the underlying antitrust challenges to the NCAA rules in the case O'Bannon v. National Collegiate Athletic Association on the issue of consumer demand.


Insuring Failure: How Crowd-Sourcing Sites May Be Forced Into The Role Of Patent Insurance, Spencer S. Haley Jan 2018

Insuring Failure: How Crowd-Sourcing Sites May Be Forced Into The Role Of Patent Insurance, Spencer S. Haley

Journal of Intellectual Property Law

No abstract provided.


Overcoming Roadblocks To Reaching Settlement In Family Law Cases, John M. Lande Jan 2018

Overcoming Roadblocks To Reaching Settlement In Family Law Cases, John M. Lande

Faculty Publications

In “litigation as usual,” settlement often comes only after adversarial posturing, the original conflict escalates, the relationships deteriorate, the process takes too long and costs too much, and nobody is really happy with the resolution. This article describes roadblocks to negotiation and ways to overcome them to reach good settlements in family law cases.


The Dtsa At One: An Empirical Study Of The First Year Of Litigation Under The Defend Trade Secrets Act, David S. Levine, Christopher B. Seaman Jan 2018

The Dtsa At One: An Empirical Study Of The First Year Of Litigation Under The Defend Trade Secrets Act, David S. Levine, Christopher B. Seaman

Scholarly Articles

This article represents the first comprehensive empirical study of the Defend Trade Secrets Act (“DTSA”), the law enacted by Congress in 2016 that created a federal civil cause of action for trade secret misappropriation. The DTSA represents the most significant expansion of federal involvement in intellectual property law in at least 30 years. In this study, we examine publicly-available docket information and pleadings to assess how private litigants have been utilizing the DTSA. Based upon an original dataset of nearly 500 newly-filed DTSA cases in federal court, we analyze whether the law is beginning to meet its sponsors’ stated goals …