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Civil Procedure Commons™

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2008

Discipline
Institution
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Publication
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Articles 91 - 97 of 97

Full-Text Articles in Civil Procedure

E-Discovery Beyond The Federal Rules, Richard L. Marcus Jan 2008

E-Discovery Beyond The Federal Rules, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Modes Of Procedural Reform, Richard L. Marcus Jan 2008

Modes Of Procedural Reform, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Cure-All For An Era Of Dispersed Litigation? Toward A Maximalist Use Of The Multidistrict Litigation Panel's Transfer Power, Richard L. Marcus Jan 2008

Cure-All For An Era Of Dispersed Litigation? Toward A Maximalist Use Of The Multidistrict Litigation Panel's Transfer Power, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Not Dead Yet, Richard L. Marcus Jan 2008

Not Dead Yet, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Judicial Hellholes, Lawsuit Climates, And Bad Social Science: Lessons From West Virginia, Elizabeth G. Thornburg Jan 2008

Judicial Hellholes, Lawsuit Climates, And Bad Social Science: Lessons From West Virginia, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

The American Tort Reform Association (ATRA) was founded in 1986 by the American Medical Association and American Council of Engineering Companies, and now has hundreds of corporate members. Every year, ATRA releases a list of Judicial Hellholes: court systems alleged to be unfair to defendants. The name is definitely catchy: the thought of a judicial hellhole invokes images of Kafka, Satan and the Queen of Hearts. No wonder ATRA's hellhole campaign has embedded itself in media vocabulary. And no wonder state courts and state legislatures bend over backwards to get out from under the hellhole label. Similarly, the U.S. Chamber …


National Juries For National Cases: Preserving Citizen Participation In Large-Scale Litigation, Laura Dooley Jan 2008

National Juries For National Cases: Preserving Citizen Participation In Large-Scale Litigation, Laura Dooley

Scholarly Works

Procedural evolution in complex litigation seems to have left the civil jury behind. Reliance on aggregating devices, such as multidistrict litigation and class actions, as well as settlement pressure created by “bellwether” cases, has resulted in cases of national scope being tried by local juries. Local juries thus have the potential to impose their values on the rest of the country. This trend motivates parties to forum-shop, and some commentators suggest eliminating jury trials in complex cases altogether. Yet the jury is at the heart of our uniquely American understanding of civil justice, and the Seventh Amendment mandates its use …


Some Things Are Better Left Said: Pleading Practice After Bell Atlantic Corp. V. Twombly, Matthew A. Josephson Jan 2008

Some Things Are Better Left Said: Pleading Practice After Bell Atlantic Corp. V. Twombly, Matthew A. Josephson

Georgia Law Review

In May 2007 the Supreme Court issued a landmark procedural decision construing and applying Federal Rule of Civil Procedure 8(a)(2). In Bell Atlantic Corp. v. Twombly the Court boldly retired the plaintiff-friendly pleading standard established over fifty years ago in Conley v. Gibson and replaced it with a potentially more stringent plausibility standard that requires a plaintiff to plead facts demonstrating the plausibility of each claim. Considerable confusion has surfaced in the lower courts over the extent of Twombly's influence, with some courts limiting the decision to its antitrust context and others applying the decision to all civil cases. This …