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Articles 1 - 30 of 138
Full-Text Articles in Civil Procedure
Summary Of In Re Fontainebleau Las Vegas Holdings, 128 Nev. Adv. Op. 53, David H. Rigdon
Summary Of In Re Fontainebleau Las Vegas Holdings, 128 Nev. Adv. Op. 53, David H. Rigdon
Nevada Supreme Court Summaries
The Court considered a motion to strike an appendix from the record in a pending certification case from the United States Bankruptcy Court.
Summary Of Sicor, Inc. V. Sacks, 127 Nev. Adv. Op. 81, Richard A. Andrews
Summary Of Sicor, Inc. V. Sacks, 127 Nev. Adv. Op. 81, Richard A. Andrews
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order denying without prejudice and deferring a final ruling on a motion to change venue in a tort action.
Summary Of Sicor, Inc. V. Hutchinson, 127 Nev. Adv. Op. No. 82, Joseph Bowen
Summary Of Sicor, Inc. V. Hutchinson, 127 Nev. Adv. Op. No. 82, Joseph Bowen
Nevada Supreme Court Summaries
An appeal of a district court order denying a motion for a change of venue in a tort action.
Securing Sovereign State Standing, Katherine Mims Crocker
Securing Sovereign State Standing, Katherine Mims Crocker
Faculty Scholarship
There are three main categories of interests upon which states can premise standing to sue as plaintiffs in federal court - proprietary, sovereign, and quasi-sovereign interests. Proprietary and sovereign interests, this Note contends, are held independently by states qua states, whereas quasi-sovereign interests are derivative of citizens’ collective welfare interests. This Note attempts to correct the pervasive confusion clouding the boundary between sovereign and quasi-sovereign interests, arguing that they are meaningfully distinct and should be treated differently.
This argument is especially important in the context of the jurisdictional bar instituted by the Supreme Court in Massachusetts v. Mellon, which prohibits …
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski
Buffalo Law Review
No abstract provided.
Summary Of Choy V. Ameristar Casinos, Inc., 128 Nev. Adv. Op. 29, Rami Hernandez
Summary Of Choy V. Ameristar Casinos, Inc., 128 Nev. Adv. Op. 29, Rami Hernandez
Nevada Supreme Court Summaries
The Court considers an appeal from a district court summary judgment in a tort action.
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
University of Richmond Law Review
This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2010through June 2011 addressing civil procedure topics; significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during its 2011 session that relates to civil practice.
Rethinking Extraordinary Circumstances, Scott Dodson
Rethinking Extraordinary Circumstances, Scott Dodson
Faculty Publications
This short essay for Northwestern University Law Review's Colloquy seeks to rationalize the "extraordinary circumstances" doctrine of Rue 60(b)(6) of the Federal Rules of Civil Procedure. The usual rule is that a movant for Rule 60(b)(6) relief must show extraordinary circumstances for that relief. Under the Ackermann rule (so named after the Supreme Court decision that spawned it), courts have held that any extraordinary circumstances cannot have been caused by the movant's own litigation conduct. I argue that the Ackermann rule, at its broadest, would be unjust to those litigants most in need of Rule 60(b)(6) relief and would overserve …
Is Legality Political?, Frederick Schauer
Is Legality Political?, Frederick Schauer
William & Mary Law Review
No abstract provided.
Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier
Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier
Law Faculty Scholarship
The transnational class action-a class action in which a portion of the class consists of non-US claimants-is here to stay Defendants typically resist the certification of transnational class actions on the basis that such actions provide no assurance of finality for a defendant, as it will always be possible for a non-U.S. class member to initiate subsequent proceedings in a foreign court. In response to this concern, many U.S. courts will analyze whether the "home" courts of the foreign class members would accord res judicata effect to an eventual U.S. judgment prior to certifying a U.S. class action containing foreign …
Summary Of Francis V. Wynn Las Vegas, Llc, Nev. Adv. Op. No. 60, Amanda Ireland
Summary Of Francis V. Wynn Las Vegas, Llc, Nev. Adv. Op. No. 60, Amanda Ireland
Nevada Supreme Court Summaries
An appeal from a district court summary judgment in a contract action.
Summary Of Emerson V. Dist. Ct., 127 Nev. Adv. Op. 61, Kendra Kisling
Summary Of Emerson V. Dist. Ct., 127 Nev. Adv. Op. 61, Kendra Kisling
Nevada Supreme Court Summaries
An original petition for a writ of mandamus or prohibition challenging a district court order imposing sanctions on the petitioner, an attorney.
Guide To Non-Traditional Research Resources In Conflict Resolution, Civil Discourse, And Public Deliberation And Dialogue, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Guide To Non-Traditional Research Resources In Conflict Resolution, Civil Discourse, And Public Deliberation And Dialogue, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Nevada Legal Research Guides / Reference Desk Guides
No abstract provided.
Pre-Service Removal In The Forum Defendant's Arsenal, Saurabh Vishnubhakat
Pre-Service Removal In The Forum Defendant's Arsenal, Saurabh Vishnubhakat
Faculty Scholarship
This article is the first academic defense of pre-service removal in diversity cases by forum-state defendants under the “properly joined and served” language of 28 U.S.C. § 1441(b). Pre-service removal has proliferated nationally in recent years. Appellate courts, however, have been silent on the issue for two reasons: First, orders that remand a case to state court are statutorily non-reviewable on appeal. Second, cases retained in federal court and litigated to final judgment are highly unlikely, for reasons of judicial economy, to be voided for de novo readjudication in state court. After tracing the development of the removal statute and …
On Removal Jurisdiction's Unanimous Consent Requirements, Adam R. Prescott
On Removal Jurisdiction's Unanimous Consent Requirements, Adam R. Prescott
William & Mary Law Review
No abstract provided.
The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer
The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer
Faculty Publications
Although the Constitution vests the "Judicial Power" of the United States in the Supreme Court and in any inferior courts that Congress establishes, both Congress and the Court have long propounded the traditional view that the inferior courts may be deprived cognizance of some of the cases and controversies that fall within that power. Is this view fully consonant with the history and text of Article III? One possible reading of those sources suggests that the Constitution vests the full Judicial Power of the United States in the inferior federal courts, directly extending to them jurisdiction over matters that Congress …
Should "Twombly" And "Iqbal" Apply To Affirmative Defenses?, Nathan Pysno
Should "Twombly" And "Iqbal" Apply To Affirmative Defenses?, Nathan Pysno
Vanderbilt Law Review
In 2007, the U.S. Supreme Court promulgated a new pleading standard in Bell Atlantic Corp. v. Twombly, specifically holding that complaints must state a claim to relief that is "plausible on its face." The Twombly decision retired the well-established and more lenient pleading regime that reigned since the Court's 1957 decision in Conley v. Gibson. Two years after Twombly, the Supreme Court confirmed in Ashcroft v. Iqbal that neither the reach of the new plausibility standard nor the death of Conley was exaggerated. "Labels and conclusions" are now insufficient, as are "naked assertions devoid of further factual enhancement" and "unadorned …
Summary Of Daane V. Dist. Ct., 127 Nev. Adv. Op. 59, Michelle Newman
Summary Of Daane V. Dist. Ct., 127 Nev. Adv. Op. 59, Michelle Newman
Nevada Supreme Court Summaries
A writ of prohibition precluding further proceedings by Nevada’s Foreclosure Mediation Program was denied because the petitioner had an adequate remedy in the ordinary course of law.
Electronic Discovery In The Cloud, Alberto G. Araiza
Electronic Discovery In The Cloud, Alberto G. Araiza
Duke Law & Technology Review
Cloud Computing is poised to offer tremendous benefits to clients, including inexpensive access to seemingly limitless resources that are available instantly, anywhere. To prepare for the shift from computing environments dependent on dedicated hardware to Cloud Computing, the Federal Rules of Discovery should be amended to provide relevant guidelines and exceptions for particular types of shared data. Meanwhile, clients should ensure that service contracts with Cloud providers include safeguards against inadvertent discoveries and mechanisms for complying with the Rules. Without these adaptations, clients will be either reluctant or unprepared to adopt Cloud Computing services, and forgo their benefits.
Limits Of Enforcement Of Intellectual Property Rights -- Injunctive Relief, Equity, And Misuse Of Rights, Marketa Trimble
Limits Of Enforcement Of Intellectual Property Rights -- Injunctive Relief, Equity, And Misuse Of Rights, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials at the 33rd Meeting of the German Society for Comparative Law (Gesellschaft für Rechtsvergleichung) in Trier, Germany, on September 16, 2011.
Summary Of Otak Nevada, Llc V. Dist. Ct., 127 Nev. Adv. Op. No. 53, Jason Wallace
Summary Of Otak Nevada, Llc V. Dist. Ct., 127 Nev. Adv. Op. No. 53, Jason Wallace
Nevada Supreme Court Summaries
Petition for writ of mandamus challenging the Eighth Judicial District Court’s orders that pleadings alleging nonresidential construction malpractice, initially filed without attorney affidavits and expert reports, were valid under NRS 11.258.
Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla
Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla
Michigan Journal of Race and Law
Federal Rule of Civil Procedure 8(a) once operated as a notice pleading rule, requiring plaintiffs to set forth only a "short and plain" statement of their claim. In Bell Atlantic Corp. v. Twombly, and then Ashcroft v. Iqbal, the United States Supreme Court recast Rule 8(a) into a plausibility pleading standard. To survive a motion to dismiss, a complaint must contain sufficient factual matter "to state a claim to relief that is plausible on its face." Iqbal requires federal courts, when deciding whether a complaint is plausible, to draw on their "judicial experience and common sense." Courts apply this standard …
Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, Brian L. Blaylock
Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, Brian L. Blaylock
Nevada Law Journal
No abstract provided.
Shielding Hippocrates: Nevada's Expanded Pleading Standard For Medical Malpractice Actions And The Need For Legislative Reform, Justin Shiroff
Shielding Hippocrates: Nevada's Expanded Pleading Standard For Medical Malpractice Actions And The Need For Legislative Reform, Justin Shiroff
Nevada Law Journal
No abstract provided.
Younger Abstention And Its Aftermath: An Empricial Perspective, Joshua G. Urquhart
Younger Abstention And Its Aftermath: An Empricial Perspective, Joshua G. Urquhart
Nevada Law Journal
No abstract provided.
13th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2011, Department Of Attorney General, State Of Rhode Island
13th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2011, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Summary Of Hawkins V. State, 127 Nev. Adv. Op. No. 50, Christopher Scott Connell
Summary Of Hawkins V. State, 127 Nev. Adv. Op. No. 50, Christopher Scott Connell
Nevada Supreme Court Summaries
Appeal from a District Court judgment of conviction, by way of a jury verdict, of conspiracy to violate the Uniform Controlled Substances Act.
Summary Of Roethlisberger V. Mcnulty, 127 Nev. Adv. Op. No. 48, Michael Roche
Summary Of Roethlisberger V. Mcnulty, 127 Nev. Adv. Op. No. 48, Michael Roche
Nevada Supreme Court Summaries
Appeal from a district court order denying a motion for a change of venue in a tort action.
Summary Of Lvmpd V. Coregis Insurance Co., 127 Nev. Adv. Op. No. 47, Charles Gianelloni
Summary Of Lvmpd V. Coregis Insurance Co., 127 Nev. Adv. Op. No. 47, Charles Gianelloni
Nevada Supreme Court Summaries
Consolidated appeals from a district court summary judgment in an insurance action and from a post-judgment order denying an NRCP 60(b) motion.
Civil Procedure’S Five Big Ideas, Kevin M. Clermont
Civil Procedure’S Five Big Ideas, Kevin M. Clermont
Cornell Law Faculty Working Papers
Civil procedure, more than any other of the basic law-school courses, conveys to students an understanding of the whole legal system. I propose that this purpose should become more openly the organizing theme of the course. The focus should remain, of course, on the mechanics of the judicial branch. What I am championing is giving some conscious attention, albeit mainly in the background and at an introductory level, to the big ideas of the constitutional structure within which the law formulates civil procedure. Such attention would unify the doctrinal study, while enriching it for the students and revealing its true …