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Articles 61 - 64 of 64

Full-Text Articles in Civil Procedure

The Case For Restricting Diversity Jurisdiction: The Undeveloped Arguments, From The Race To The Bottom To The Substitution Effect, David Crump Oct 2017

The Case For Restricting Diversity Jurisdiction: The Undeveloped Arguments, From The Race To The Bottom To The Substitution Effect, David Crump

Maine Law Review

Diversity jurisdiction is an idea whose time has come--and gone. In its present form, it serves its alleged purpose so inconsistently that its benefits are minimal, if they exist at all. And the costs that it imposes are significant. The traditional arguments for and against diversity are well known, but the traditional arguments against it actually understate its disadvantages. Therefore, the purpose of this Article is to construct the arguments against diversity that traditional scholarship has left underdeveloped. These include the proposition that today, in the twenty-first century, there are more reasons than ever to authorize diversity jurisdiction more selectively. …


Tipping The Scales?: Maine Adopts The Continuing Negligent Treatment Doctrine In Baker V. Farrand, Michael P. Beers Oct 2017

Tipping The Scales?: Maine Adopts The Continuing Negligent Treatment Doctrine In Baker V. Farrand, Michael P. Beers

Maine Law Review

In Baker v. Farrand, the Maine Supreme Judicial Court, sitting as the Law Court, held that for a series of related negligent acts or omissions committed by a health care provider or practitioner, a single cause of action “accrues” under the Maine Health Security Act (hereinafter MHSA) on the date of the last act or omission that contributed to the plaintiff’s injury. Hence, in situations where a physician provides continuing negligent treatment to a patient in which each and every one of the physician’s actions are negligent, the MHSA’s three-year statute of limitations does not begin to run until the …


A Modern Look At The Right To A Civil Jury Trial Under The Maine Constitution, Carolyn A. Liegner Apr 2017

A Modern Look At The Right To A Civil Jury Trial Under The Maine Constitution, Carolyn A. Liegner

Maine Law Review

The right to a civil jury trial is a cornerstone of the American legal system. The Maine Constitution promises an even broader right to a civil jury trial than is offered by the federal Constitution and many other states. Article I, Section 20 states: “In all civil suits, and in all controversies concerning property, the parties shall have a right to a trial by jury, except in cases where it has heretofore been otherwise practiced.” The exception in the provision has been the subject of multiple interpretations by the Maine Supreme Judicial Court, sitting as the Law Court, since the …


The Difficulties Of Encouraging Cooperation In A Zero-Sum Game, Jacob R. Kreutzer Apr 2017

The Difficulties Of Encouraging Cooperation In A Zero-Sum Game, Jacob R. Kreutzer

Maine Law Review

The Federal Rules of Civil Procedure generally provide only the “rules of the road” on which litigation is conducted. However, in some areas the Rules step outside of this role and attempt to overtly encourage cooperation. One such rule is Rule 68, which allows a defendant to make an offer of judgment to the plaintiff, and provides that if the plaintiff refuses and subsequently wins less money than the defendant offered, the plaintiff must cover the defendant’s costs. Rule 68 was launched into prominence when the Supreme Court ruled, in Marek v. Chesney that a Rule 68 offer could negate …