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Full-Text Articles in Law
Defendant Class Certification: The Difficulties Under Rule 23(B)(2) And The Rule 65(D) Solution, Diane Terrell
Defendant Class Certification: The Difficulties Under Rule 23(B)(2) And The Rule 65(D) Solution, Diane Terrell
Northern Illinois University Law Review
This Comment examines the difficulties of certifying a defendant class under the Federal Rules of Civil Procedure 23(b)(2) and the various approaches courts have taken to certify, or refuse to certify, those defendant classes. This Comment concludes that under normal circumstances, the plain language of Rule 23(b)(2) precludes the certification of defendant classes. However, the Comment further concludes that under limited circumstances Rule 65(d) may be used by a plaintiff to obtain injunctive relief which will bind unnamed defendant parties.
Class Actions And Duplicative Litigation, Edward F. Sherman
Class Actions And Duplicative Litigation, Edward F. Sherman
Indiana Law Journal
No abstract provided.
Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr.
Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr.
Indiana Law Journal
No abstract provided.
A Proposal To View Patent Claim Nonobviousness From The Policy Perspective Of Federal Rule Of Civil Procedure 52(A), Bradley G. Lane
A Proposal To View Patent Claim Nonobviousness From The Policy Perspective Of Federal Rule Of Civil Procedure 52(A), Bradley G. Lane
University of Michigan Journal of Law Reform
This Note analyzes the scope of appellate review that should be accorded to a trial judge's determination of nonobviousness. Part I details the condition of nonobviousness and how it has evolved into the principal obstacle to patentability. Part II analyzes the Supreme Court and appellate precedents on the scope of review on this issue. Part III evaluates the policy underpinnings of Rule 52(a) and applies a two-pronged analysis to the nonobviousness requirement to determine whether the clearly erroneous standard of review is appropriate. This Note concludes that the treatment of the nonobviousness determination as a question of law cannot be …
The Excessive History Of Federal Rule 15(C) And Its Lessons For Civil Rules Revision, Harold S. Lewis Jr.
The Excessive History Of Federal Rule 15(C) And Its Lessons For Civil Rules Revision, Harold S. Lewis Jr.
Michigan Law Review
This case study of one Federal Rule of Civil Procedure is designed to suggest affirmative answers to these questions. My focus is on the surprisingly extensive body of case law, culminating in the Supreme Court's 1986 decision in Schiavone v. Fortune, that parses the second sentence of Federal Rule 15(c). Added in 1966, that sentence attempts to set standards for the relation back of party-changing amendments to pleadings. A more prototypically pedestrian, less prepossessing topic of the traditionalist type could scarcely be imagined. Yet a review of its history brings larger points into sharp relief: something is seriously amiss in …
Alleging Demand Futility In Federal Court
Alleging Demand Futility In Federal Court
Washington and Lee Law Review
No abstract provided.
Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson
Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson
University of Richmond Law Review
This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1986 and May 1987. This article also comments on cases in volumes five through eight of Virginia Circuit Court Opinions, many of which were decided before 1986. It is appropriate to mention them here since they were only recently made generally available through publication. In order to facilitate the discussion of numerous Virginia Code sections, they will be referred to in …
Class Action Counsel As Named Plaintiff: Double Trouble, Neil L. Rock
Class Action Counsel As Named Plaintiff: Double Trouble, Neil L. Rock
Fordham Law Review
No abstract provided.
Proof Of Claim Forms And Discovery Of Absent Class Members: Violations Of Rule 23 Policy Or Essential Devices?
Washington and Lee Law Review
No abstract provided.
Whether Disclosure Of Work Product To A Witness In Preparation For Testifying Waives The Protection Of Federal Rule Of Civil Procedure 26(B)(3), Gene Lynn Humphreys
Whether Disclosure Of Work Product To A Witness In Preparation For Testifying Waives The Protection Of Federal Rule Of Civil Procedure 26(B)(3), Gene Lynn Humphreys
Kentucky Law Journal
No abstract provided.