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Civil Procedure Commons

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University of Nevada, Las Vegas -- William S. Boyd School of Law

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Articles 121 - 150 of 380

Full-Text Articles in Civil Procedure

Some Specific Concerns With The New General Jurisdiction, Richard D. Freer Jul 2015

Some Specific Concerns With The New General Jurisdiction, Richard D. Freer

Nevada Law Journal

No abstract provided.


Manning The Courthouse Gates: Pleadings, Jurisdiction, And The Nation-State, Margaret Y.K. Woo Jul 2015

Manning The Courthouse Gates: Pleadings, Jurisdiction, And The Nation-State, Margaret Y.K. Woo

Nevada Law Journal

No abstract provided.


Symposium Introduction: Through A Glass Starkly: Civil Procedure Re-Assessed, Thomas O. Main, Jeffrey W. Stempel Jul 2015

Symposium Introduction: Through A Glass Starkly: Civil Procedure Re-Assessed, Thomas O. Main, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Abrogating Magic: The Rules Enabling Act Process, Civil Rule 84, And The Forms, Brooke D. Coleman Jul 2015

Abrogating Magic: The Rules Enabling Act Process, Civil Rule 84, And The Forms, Brooke D. Coleman

Nevada Law Journal

No abstract provided.


The Forms Had A Function: Rule 84 And The Appendix Of Forms As Guardians Of The Liberal Ethos In Civil Procedure, A. Benjamin Spencer Jul 2015

The Forms Had A Function: Rule 84 And The Appendix Of Forms As Guardians Of The Liberal Ethos In Civil Procedure, A. Benjamin Spencer

Nevada Law Journal

No abstract provided.


How Atypical Cases Make Bad Rules: A Commentary On The Rulemaking Process, Suja A. Thomas, Dawson Price Jul 2015

How Atypical Cases Make Bad Rules: A Commentary On The Rulemaking Process, Suja A. Thomas, Dawson Price

Nevada Law Journal

No abstract provided.


Screening Out Unwanted Calls: The Hypocrisy Of Standing "Doctrine", Mark S. Brodin Jul 2015

Screening Out Unwanted Calls: The Hypocrisy Of Standing "Doctrine", Mark S. Brodin

Nevada Law Journal

No abstract provided.


The Irrepressible Myth Of Burnham And Its Increasing Indefensibility After Goodyear And Daimler, Jeffrey W. Stempel Jul 2015

The Irrepressible Myth Of Burnham And Its Increasing Indefensibility After Goodyear And Daimler, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


The Grand Poobah And Gorillas In Our Midst: Enhancing Civil Justice In The Federal Courts—Swapping Discovery Procedures In The Federal Rules Of Civil And Criminal Procedure And Other Reforms Like Trial By Agreement, Mark W. Bennett Jul 2015

The Grand Poobah And Gorillas In Our Midst: Enhancing Civil Justice In The Federal Courts—Swapping Discovery Procedures In The Federal Rules Of Civil And Criminal Procedure And Other Reforms Like Trial By Agreement, Mark W. Bennett

Nevada Law Journal

No abstract provided.


Amending Complaints To Sue Previously Misnamed Or Unidentified Defendants After The Statute Of Limitations Has Run: Questions Remaining From The Krupski Decision, Edward F. Sherman Jul 2015

Amending Complaints To Sue Previously Misnamed Or Unidentified Defendants After The Statute Of Limitations Has Run: Questions Remaining From The Krupski Decision, Edward F. Sherman

Nevada Law Journal

No abstract provided.


Scott V. Harris And The Future Of Summary Judgment, Tobias Barrington Wolff Jul 2015

Scott V. Harris And The Future Of Summary Judgment, Tobias Barrington Wolff

Nevada Law Journal

No abstract provided.


Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation, Elizabeth M. Schneider Jul 2015

Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation, Elizabeth M. Schneider

Nevada Law Journal

No abstract provided.


The Triumph Of Equity Revisited: The Stages Of Equitable Discretion, Doug Rendleman Jul 2015

The Triumph Of Equity Revisited: The Stages Of Equitable Discretion, Doug Rendleman

Nevada Law Journal

No abstract provided.


Reflections Of A Recovering Aggregationist, Linda S. Mullenix Jul 2015

Reflections Of A Recovering Aggregationist, Linda S. Mullenix

Nevada Law Journal

No abstract provided.


The Death With Dignity Ballot Initiative: Narrative Tensions And Jewish Legalities, Bernard H. Mehlman, Jeremy S. Morrison Jul 2015

The Death With Dignity Ballot Initiative: Narrative Tensions And Jewish Legalities, Bernard H. Mehlman, Jeremy S. Morrison

Nevada Law Journal

No abstract provided.


Judicial Rejection Of Transsubstantivity: The Foia Example, Margaret B. Kwoka Jul 2015

Judicial Rejection Of Transsubstantivity: The Foia Example, Margaret B. Kwoka

Nevada Law Journal

No abstract provided.


Finding The Civil Trial's Democratic Future After Its Demise, David Marcus Jul 2015

Finding The Civil Trial's Democratic Future After Its Demise, David Marcus

Nevada Law Journal

No abstract provided.


Federal Court Rulemaking And Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang Jul 2015

Federal Court Rulemaking And Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

Nevada Law Journal

No abstract provided.


Procedural Constants: How Delay Aversion Shapes Reform, Thomas O. Main Jul 2015

Procedural Constants: How Delay Aversion Shapes Reform, Thomas O. Main

Nevada Law Journal

No abstract provided.


Reflections, Steve Subrin Jul 2015

Reflections, Steve Subrin

Nevada Law Journal

No abstract provided.


Contingency Of Openness In Courts: Changing The Experiences And Logics Of The Public's Role In Court-Based Adr, Judith Resnik Jul 2015

Contingency Of Openness In Courts: Changing The Experiences And Logics Of The Public's Role In Court-Based Adr, Judith Resnik

Nevada Law Journal

No abstract provided.


Summary Of Lisle V. State, 131 Nev. Adv. Op. 39 (June 25, 2015), Adam Wynott Jun 2015

Summary Of Lisle V. State, 131 Nev. Adv. Op. 39 (June 25, 2015), Adam Wynott

Nevada Supreme Court Summaries

The Court held that the petitions filed by the appellant, Kevin James Lisle (Lisle), were procedurally barred. The Court determined that a petitioner cannot present new evidence of mitigating circumstances in order to prove actual innocence of the death penalty. The Court determined that the claims of Lisle did not warrant relief and upheld the district court ruling.


Summary Of Berry V. Feil, 131 Nev. Adv. Op. 37 (June 11, 2015), Patrick Phippen Jun 2015

Summary Of Berry V. Feil, 131 Nev. Adv. Op. 37 (June 11, 2015), Patrick Phippen

Nevada Supreme Court Summaries

The exhaustion requirement applies regardless of what court the complaint is filed in, and that a state court has no discretion to stay a § 1983 action to allow for administrative remedies to be pursued.


Summary Of Nutton V. Sunset Station, Inc., 131 Nev. Adv. Op. 34 (June 11, 2015), Joseph Meissner Jun 2015

Summary Of Nutton V. Sunset Station, Inc., 131 Nev. Adv. Op. 34 (June 11, 2015), Joseph Meissner

Nevada Supreme Court Summaries

The Court determined the proper relationship between NRCP 15(a) and NRCP 16(b), and explored whether a proposed amendment under NRCP 15(a) can be deemed “futile” because it is unsupported by, or contradicts, factual evidence produced during discovery.


Summary Of Provincial Gov’T Of Marinduque V. Placer Dome, Inc., 131 Nev. Adv. Op. 63076 (June 11, 2015), Stacy Newman Jun 2015

Summary Of Provincial Gov’T Of Marinduque V. Placer Dome, Inc., 131 Nev. Adv. Op. 63076 (June 11, 2015), Stacy Newman

Nevada Supreme Court Summaries

The Court affirmed the district court's order dismissing the complaint for forum non conveniens. The Court found the lower court properly gave less deference to the respondent’s choice of a Nevada forum and did not abuse its discretion by dismissing the case because the case lacked any bona fide connection to this state, adequate alternative fora existed, and the burdens of litigating in Nevada outweighed any convenience to the respondent. Furthermore, the Court held the district court imposed appropriate conditions on dismissal to ensure the existence of an adequate alternative forum for this litigation.


Summary Of Fulbrook V. Allstate Ins. Co., 131 Nev. Adv. Op. 33 (Jun. 4, 2015), Walter Fick Jun 2015

Summary Of Fulbrook V. Allstate Ins. Co., 131 Nev. Adv. Op. 33 (Jun. 4, 2015), Walter Fick

Nevada Supreme Court Summaries

The Court held that appellant’s counsel’s “technical difficulties,” with regard to e-mails and case files, was an insufficient basis on which to recall remittitur, because the technical difficulties were unrelated to Nevada’s electronic filing system, which exclusively provides required notifications to counsel.


Summary Of Weddell V. Sharp, 131 Nev. Adv. Op. 28 (May 28, 2015), Ashleigh Wise May 2015

Summary Of Weddell V. Sharp, 131 Nev. Adv. Op. 28 (May 28, 2015), Ashleigh Wise

Nevada Supreme Court Summaries

The Court held that a defendant may raise a defense of claim preclusion against a plaintiff’s complaint even when that defendant was not a party or privy with a defendant in an earlier action brought by the plaintiff. The Court modified the privity requirement established in Five Star Capital Corp. v. Ruby, 124 Nev. 1048, 194 P.3d 709 (2008) to incorporate nonmutual claim preclusion.


Summary Of Catholic Diocese Of Green Bay, Inc. V. John Doe 119, 131 Nev. Adv. Op. 29 (May 28, 2015), Adam Wynott May 2015

Summary Of Catholic Diocese Of Green Bay, Inc. V. John Doe 119, 131 Nev. Adv. Op. 29 (May 28, 2015), Adam Wynott

Nevada Supreme Court Summaries

The Court held a plaintiff must prove sufficient contacts with the jurisdiction in order to establish personal jurisdiction over a defendant. Without proof of sufficient contacts, Nevada courts do not have personal jurisdiction over a foreign Catholic diocese. The Court reversed the district court’s decision.


Summary Of Jed Prop. V. Coastline Re Holdings Nv Corp., 131 Nev. Adv. Op. 11, Katherine Frank Mar 2015

Summary Of Jed Prop. V. Coastline Re Holdings Nv Corp., 131 Nev. Adv. Op. 11, Katherine Frank

Nevada Supreme Court Summaries

The Court determined that NRS 107.082(2) does not require a trustee to give notice of a sale pursuant to NRS 107.080 that has been postponed by oral proclamation three times “unless, after the third oral postponement has been given, the sale's date, time, or place is later changed.”


Summary Of Breeden V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 12, Erik Foley Mar 2015

Summary Of Breeden V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 12, Erik Foley

Nevada Supreme Court Summaries

The Court held that an appellant who voluntarily dismisses a non-frivolous writ petition, after an answer has been filed, cannot be required to pay the appellee’s attorney’s fees as a condition of the dismissal.