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Articles 361 - 390 of 401

Full-Text Articles in Civil Procedure

Florida's Equal Access To Justice Act: How The Courts And Doah Have Interpreted It, Mary W. Chaisson Jan 1992

Florida's Equal Access To Justice Act: How The Courts And Doah Have Interpreted It, Mary W. Chaisson

Florida State University Law Review

No abstract provided.


Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve Jan 1992

Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


A Synthesis And Integration Of Supreme Court Precedent Regarding The Regulatory Taking Of Land, John W. Ragsdale Jr Jan 1987

A Synthesis And Integration Of Supreme Court Precedent Regarding The Regulatory Taking Of Land, John W. Ragsdale Jr

Faculty Works

In the post World War II era of rapid land development, emergent environmental problems, and heightened legislative response, the taking clause has proved to be the most pervasive and significant limitation on the power of government over private land usage. The dimensions and implications of this provision and the interpretive Supreme Court opinions have attracted the attention of numerous scholars whose efforts, usually, have been rather critical. The authors have often sought to question the logic, language and premises of fundamental opinions, to warn of the economic, moral and ecological consequences of portended judicial trends, to pose new taking tests …


Third-Party Removal Of An Entire Case: Who Can Remove, Who Cannot Sep 1984

Third-Party Removal Of An Entire Case: Who Can Remove, Who Cannot

Washington and Lee Law Review

No abstract provided.


Class Actions For Punitive Damages, Michigan Law Review Aug 1983

Class Actions For Punitive Damages, Michigan Law Review

Michigan Law Review

This Note argues that a Rule 23 class action offers the best way to manage multiple actions for punitive damages. It begins by examining the policy underlying punitive damages and the plaintiffs interest in recovering them. It then explains why a limited fund is created when courts deny punitive damage recovery as a matter of law or when punitive claims exceed defendant's assets. The Note contends that a Rule 23(b)(l)(B) class action provides the best means to manage this limited fund and reviews the circumstances in which a district court may properly certify a class action for punitive damages. It …


Litigation Implications Of The Chicago O'Hara Airport Crash Of American Airlines Flight 191, 15 J. Marshall L. Rev. 273 (1982), John J. Kennelly Jan 1982

Litigation Implications Of The Chicago O'Hara Airport Crash Of American Airlines Flight 191, 15 J. Marshall L. Rev. 273 (1982), John J. Kennelly

UIC Law Review

No abstract provided.


The Conjurer's Circle--The Fifth Amendment Privilege In Civil Cases, Robert H. Heidt Jan 1982

The Conjurer's Circle--The Fifth Amendment Privilege In Civil Cases, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.


Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton Jun 1980

Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.


Procedural Aspects Of Settlement: An Overview Of Texas Law Lawyer's Forum - Settlements - New Perspectives., J. Hadley Edgar Jun 1980

Procedural Aspects Of Settlement: An Overview Of Texas Law Lawyer's Forum - Settlements - New Perspectives., J. Hadley Edgar

St. Mary's Law Journal

Abstract Forthcoming.


Califano V. Yamasaki (Elliott), Lewis F. Powell Jr. Oct 1978

Califano V. Yamasaki (Elliott), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Civil Procedure--Concepts Of Personal Jurisdiction Before And After Shaffer V. Heitner, James E. Showen Jan 1978

Civil Procedure--Concepts Of Personal Jurisdiction Before And After Shaffer V. Heitner, James E. Showen

West Virginia Law Review

No abstract provided.


Federal Practice And Procedure, Martin J. Kane Jan 1976

Federal Practice And Procedure, Martin J. Kane

Villanova Law Review (1956 - )

No abstract provided.


Albemarle Paper Co. V. Moody, Lewis F. Powell Jr. Oct 1974

Albemarle Paper Co. V. Moody, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Class Actions And The Amount In Controversy, Mary C. Tolton Oct 1974

Class Actions And The Amount In Controversy, Mary C. Tolton

North Carolina Central Law Review

No abstract provided.


Manageability Of Notice And Damage Calculation In Consumer Class Actions, Michigan Law Review Dec 1971

Manageability Of Notice And Damage Calculation In Consumer Class Actions, Michigan Law Review

Michigan Law Review

This Comment will examine the likelihood that Rule 23, as it has been interpreted since its amendment, will provide a mechanism through which consumers may successfully resolve their grievances. The focus will be on the manageability problems of providing the requisite notice and of devising a method of calculation and distribution of damages.


The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers Jan 1970

The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers

Publications

No abstract provided.


Attorney's Fees As An Element Of Costs: The Copyright Experience, E. K. Ii Jan 1970

Attorney's Fees As An Element Of Costs: The Copyright Experience, E. K. Ii

Georgia Law Review

The amount of money frequently involved in copyright litigation, especially on the part of the defendant, is trifling. The expense of any litigation is considerable. Unless, therefore, some provision is made for financial protection to a litigant, if successful, it may not pay a party to defend rights, even if valid, a situation opposed to justice.... It is increasingly recognized that the person who forces another to engage counsel either to vindicate, or defend, a right should bear the expense of such engagement and not his successful opponent.


Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller Jan 1969

Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller

Publications

No abstract provided.


Federal Civil Procedure-Existence Of Federal Cause Of Action For Abuse Of Federal Process, Laurence D. Connor Jun 1964

Federal Civil Procedure-Existence Of Federal Cause Of Action For Abuse Of Federal Process, Laurence D. Connor

Michigan Law Review

Petitioner was served with a subpoena ordering him to appear before the House Committee on Un-American Activities. He subsequently brought an action in federal district court asking for damages and injunctive relief and praying that the subpoena be declared void and of no effect. He alleged it had been signed in blank by the Committee chairman and that respondent, an investigator for the Committee without delegated subpoena power, had filled in petitioner's name without authorization and caused it to be served on him at his place of employment. Petitioner also alleged that respondent intended to subject him to public shame …


Botta V. Brunner - A Restraint Upon Advocacy, Craig Spangenberg Jan 1963

Botta V. Brunner - A Restraint Upon Advocacy, Craig Spangenberg

Cleveland State Law Review

No single decision in recent years has had wider repercussions nor greater impact upon trial advocacy than the decision in Botta v. Brunner. It is probable that within the next few years every state jurisdiction will review the philosophy of the Botta case, and come to a conclusion that will control the method of final argument, in each state, on all the intangible elements of damages.


Procedural Problems Of Class Suits, Joseph J. Simeone May 1962

Procedural Problems Of Class Suits, Joseph J. Simeone

Michigan Law Review

The purpose of this article is to discuss numerous aspects of the class device, to discuss the many procedural problems confronting court and counsel, to determine the effectiveness of one type of class suit-the spurious-and in the conclusion, to propose legislation for a new rule independent of the rules regarding class actions, a remedy which would more effectively permit the dispatch of numerous claims arising from similar fact patterns.


Specific Performance In France And Germany, John P. Dawson Feb 1959

Specific Performance In France And Germany, John P. Dawson

Michigan Law Review

Edgar Durfee studied long and closely the subject of specific performance. He taught it for many years, wrote about it and planned to ·write more. He conceived it broadly, as he did every subject that ever had his attention, but he had a lively interest in details, including very technical details. Long before others and much more than most, he saw the importance of our remedial system both in shaping law and as a reflection of its larger purposes. All those who learned from him will remember as long as memory lasts the insight he gave and the hidden meanings …


Judgments - Res Judicata - Limitation Of California Doctrine Of Collateral Estoppel In Multiple Claimant Cases, Sidney B. Hopps Feb 1959

Judgments - Res Judicata - Limitation Of California Doctrine Of Collateral Estoppel In Multiple Claimant Cases, Sidney B. Hopps

Michigan Law Review

Plaintiffs were injured when their car was struck by defendant. They commenced separate negligence actions, which were consolidated for trial. These actions resulted in a judgment for plaintiff son, but judgments were entered against the plaintiffs mother and father. These parties were granted a new trial, with no limitation upon the issues to be tried. On the second trial the parents asserted the son's judgment, which had become final and been satisfied, as conclusively establishing defendant's negligence. The trial court ruled against them and submitted the issue of defendant's negligence to the jury. On appeal by the parents, held, …


Trial Procedure--Instructions To Jury--Nontaxability Of Personal Injury Award, James H. Byrdwell Jan 1959

Trial Procedure--Instructions To Jury--Nontaxability Of Personal Injury Award, James H. Byrdwell

Kentucky Law Journal

No abstract provided.


Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed. Nov 1957

Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed.

Michigan Law Review

In a negligence action for injuries sustained in an automobile accident, one of three successful plaintiffs was granted a new trial because damages awarded her were inadequate. In the new trial the issue of negligence was relitigated over plaintiff's objection that the question of liability was res judicata. The jury found for the defendant and plaintiff appealed. Held, affirmed, one justice dissenting. Although the judgment in favor of the other two plaintiffs in the prior action establishing defendant's liability has become final, this prior judgment is not res judicata. Since the judgment was entered pursuant to a verdict which …


The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes Jun 1957

The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes

Michigan Law Review

This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …


Compulsory Joinder Of Parties In Civil Actions, John W. Reed Feb 1957

Compulsory Joinder Of Parties In Civil Actions, John W. Reed

Michigan Law Review

Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …


Family Responsibilty Under The American Poor Laws: Ii, Daniel R. Mandelker Mar 1956

Family Responsibilty Under The American Poor Laws: Ii, Daniel R. Mandelker

Michigan Law Review

No substantive statutory provision fulfills the purpose for which it was enacted unless fair and efficient procedures are provided for its enforcement. Under the Elizabethan family responsibility law, enforcement was confined to the parish justices of the peace, who at that time exercised both administrative and judicial functions. The blending of administrative and judicial functions no longer being the rule in American local government, practically all of the American family responsibility statutes provide for some judicial procedure by which the support duty may be enforced. The basic issue with which the courts have been concerned in applying these statutory remedies …


Procedure-Divisibility Of Right To Recover Damages For Injury To Person And Property Sustained In Same Accident [Carter V. Hinkle, Va. 1949] Mar 1950

Procedure-Divisibility Of Right To Recover Damages For Injury To Person And Property Sustained In Same Accident [Carter V. Hinkle, Va. 1949]

Washington and Lee Law Review

No abstract provided.


Practice And Procedure - Conditional Judgments At Law - Validity And Advantages Mar 1933

Practice And Procedure - Conditional Judgments At Law - Validity And Advantages

Michigan Law Review

Some modern courts have asserted and many lawyers have assumed that in common law actions a court can not render a judgment conditional in form. It is argued that the court is without jurisdiction so to decide a case, and that in any event the common law has never recognized such a form of judgment as valid. The first point is not so difficult to disprove, and the second, so far as actual decision is concerned, is clearly incorrect." In several early cases common law courts were willing not only to stay execution of judgments until conditions were performed, but …