Civil Procedure Commons^™

Inevitable Discovery In Washington State And The Unreasonable "Reasonableness" Requirement, David Seaver

Seattle University Law Review

This Comment will examine the substantial differences between Division One's current version of inevitable discovery and that adopted by the U.S. Supreme Court in Nix, which is still the only version affirmatively accepted by the Washington Supreme Court. Having distinguished the differences, this Comment ultimately suggests an amalgamation of the most desirable parts of each version of the inevitable discovery exception. The author proposes that the "reasonableness" element demanded by Division One is duplicative and unnecessarily burdensome on the prosecution. The version proposed by this Comment recognizes the potential benefits to the search for truth and to the societal …

… And From The Associate, Myriam E. Gilles

Articles

No abstract provided.

Civil Procedure, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Summary Adjudication In United States Civil Procedure, Mary J. Davis

Law Faculty Scholarly Articles

This article uses one of the high profile mass tort cases of recent decades, the complex silicone gel-filled breast implant products liability litigation, to evaluate summary adjudication measures. Recognizing that not all claims filed are complex tort claims (just the most interesting ones), where commercial claims present the opportunity for use of summary proceedings, those will be discussed as well, particularly regarding mechanisms by which security for a creditor-plaintiffs claim can be obtained prior to a favorable verdict.

While preparing this Report, it became clear that the author has a particular view of what constitutes a "summary adjudication" procedure, but …

Civil Procedure - Federal Court Jurisdiction Over Interpleader Actions: A Virtual Unflagging Obligation Or Inherently Discretional - The Third Circuit Opts For The Discretionary Approach, John J. Higson

Villanova Law Review (1956 - )

No abstract provided.

A Rejoinder, Jonathan R. Macey

Cardozo Law Review

In a rare moment of self-restraint, I resolved not to bother to write a comment to David Ratner's spirited but unconvincing reply to my earlier article in the Cardozo Law Review. Since Ratner's response contained no defense whatsoever of the work of the Securities and Exchange Commission ("SEC"), no criticism whatsoever of my general theory of agency obsolescence, and no theory of its own to defend the SEC, it seemed to me at first that the best course of action was to allow Ratner's reply to serve as its own refutation.

Civil Procedure - Personal Jurisdiction: Evolution And Current Interpretation Of The Stream Of Commerce Test In The Third Circuit, Martin F. Noonan

Villanova Law Review (1956 - )

No abstract provided.

Civil Procedure - A Corporation's Waiver Of The Attorney-Client Privilege And Work-Product Doctrine, Thomas E. Smallman

Villanova Law Review (1956 - )

No abstract provided.

The Application And Misapplication Of Ohio Rule Of Civil Procedure 54(B), Diane S. Leung

Cleveland State Law Review

The rules of civil procedure, seemingly straightforward, can be misinterpreted due to attorney inattentiveness. One rule which has suffered and still is suffering from misinterpretation and misapplication is Ohio Rule of Civil Procedure 54(B), judgment upon multiple claims or involving multiple parties, the subject of this note. The following discussion, an analysis of Rule 54(B), will attempt to accomplish several tasks. First, the note will briefly describe the history, nature, and purpose of the rule. Secondly, it will analyze the major aspects and requirements of Rule 54(B). The analysis will emphasize the facets of the rule which have often been …

Congress's Paramount Role In Setting The Scope Of Federal Jurisdiction, Michael L. Wells

Scholarly Works

Article III presents a conundrum for scholars seeking a coherent explanation of the federal courts' role in our system of government. On the one hand, the framers set up the judiciary as a separate branch with jurisdiction over federal law and other matters of federal interest. They granted federal judges life tenure and undiminishable salary in order to preserve judicial independence from executive and legislative pressure. It is evident from these provisions that the framers saw a need for a strong national judiciary. At the same time, article III explicitly leaves to Congress the decision whether to create any lower …

Understanding Civil Procedure, By Gene R. Shreve And Peter Raven-Hansen, William M. Richman

Indiana Law Journal

No abstract provided.

Awarding Expert Witness Fees In Civil Rights Actions, Bebe Novich

Cardozo Law Review

No abstract provided.

Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze

William & Mary Law Review

No abstract provided.

Virginia Manuscript Law Reports, William Hamilton Bryson

Law Faculty Publications

Case law, including published cases and cases that have never been published, is the basis of the common law. Professor Bryson discusses the use of manuscript law reports in Virginia during the eighteenth and nineteenth centuries.

Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese

Faculty Publications

No abstract provided.

Teaching Ethics In Civil Procedure Courses, Richard Matasar

Journal of Legal Education

No abstract provided.

Integrating Dispute Resolution Into Standard First-Year Courses: The Missouri Plan, Leonard L. Riskin, James E. Westbrook

Journal of Legal Education

No abstract provided.

Attorney Sanctions - Procedural Aspects Of Rule 11 Of The Federal Rules Of Civil Procedure - Third Circuit Adopts Supervisory Rule Requiring That Rule 11 Motions Be Filed Prior To Final Judgment In The District Court, David A. Peckman

Villanova Law Review (1956 - )

No abstract provided.

Civil Procedure - Avoiding Duplicative Litigation - The First-Filed Rule, Jean D. Renshaw

Villanova Law Review (1956 - )

No abstract provided.

Monetary Sanctions Against Attorneys For Discovery Abuse In Federal Court: When Can They Be Appealed, Nancy E. Berman

Cardozo Law Review

No abstract provided.

Civil Procedure - Statute Of Limitations - Federal Application Of State Law - Fraudulent Concealment And Its Effect On The Statute Of Limitations, Michael F. Brown

Villanova Law Review (1956 - )

No abstract provided.

Studying Civil Litigation Through The Class Action, Bryant G. Garth

Indiana Law Journal

No abstract provided.

Adjudicatory Jurisdiction And Class Actions, Diane P. Wood

Indiana Law Journal

No abstract provided.

Civil Procedure, Kurt L. Krieger

West Virginia Law Review

No abstract provided.

California V. Rooney, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Civil Procedure, Bradley R. Oldaker

West Virginia Law Review

No abstract provided.

Civil Procedure - Federal District Courts Have Inherent Power To Sanction Attorneys For Abuse Of The Judicial Process, Carolyn L. Dessin

Villanova Law Review (1956 - )

No abstract provided.

Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel

Cardozo Law Review

No abstract provided.

The Relation Back Of Claims Against Third-Party Defendants, Howard K. Fishman

Cardozo Law Review

No abstract provided.

Civil Procedure, Charles Peter Miller

West Virginia Law Review

No abstract provided.