Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (103)
- Litigation (88)
- Jurisdiction (65)
- Civil Law (48)
- Civil Rights and Discrimination (39)
-
- Judges (39)
- Constitutional Law (37)
- Jurisprudence (32)
- State and Local Government Law (30)
- Legal Education (26)
- Supreme Court of the United States (26)
- Legal History (22)
- Torts (22)
- Comparative and Foreign Law (21)
- Dispute Resolution and Arbitration (21)
- Criminal Procedure (20)
- Evidence (20)
- Law and Society (19)
- Legal Ethics and Professional Responsibility (19)
- Legal Profession (17)
- Conflict of Laws (15)
- Legislation (15)
- Criminal Law (14)
- Intellectual Property Law (14)
- Labor and Employment Law (14)
- International Law (12)
- Legal Remedies (12)
- Common Law (10)
- Institution
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (35)
- West Virginia University (23)
- Duke Law (22)
- Maurer School of Law: Indiana University (21)
- University of Colorado Law School (21)
-
- Vanderbilt University Law School (19)
- William & Mary Law School (19)
- The University of Akron (17)
- Touro University Jacob D. Fuchsberg Law Center (14)
- Washington and Lee University School of Law (14)
- Pepperdine University (13)
- University of Oklahoma College of Law (13)
- University of Georgia School of Law (12)
- Notre Dame Law School (11)
- Pace University (11)
- University of Kentucky (11)
- University of Maine School of Law (11)
- Boston University School of Law (10)
- Northwestern Pritzker School of Law (10)
- University of Baltimore Law (10)
- University of Maryland Francis King Carey School of Law (9)
- University of Miami Law School (9)
- American University Washington College of Law (8)
- Cleveland State University (8)
- Georgetown University Law Center (8)
- Texas A&M University School of Law (8)
- Southern Methodist University (7)
- Columbia Law School (6)
- Mississippi Christian University School of Law (6)
- Schulich School of Law, Dalhousie University (6)
- Publication Year
- Publication
-
- Faculty Scholarship (42)
- Faculty Publications (26)
- Scholarly Works (23)
- West Virginia Law Review (23)
- Publications (21)
-
- Articles by Maurer Faculty (20)
- Journal Articles (16)
- Nevada Supreme Court Summaries (15)
- Akron Law Review (14)
- Vanderbilt Law Review (14)
- Pepperdine Law Review (11)
- Touro Law Review (11)
- Maine Law Review (10)
- Nevada Law Journal (10)
- All Faculty Scholarship (9)
- Law Faculty Publications (9)
- Cleveland State Law Review (8)
- Faculty Articles (8)
- Georgetown Law Faculty Publications and Other Works (8)
- Articles (7)
- Elisabeth Haub School of Law Faculty Publications (7)
- Faculty Journal Articles and Book Chapters (7)
- Kentucky Law Journal (7)
- Scholarly Articles (7)
- Faculty Works (6)
- Faculty Working Papers (5)
- Maryland Law Review (5)
- UF Law Faculty Publications (5)
- Washington and Lee Law Review (5)
- American University Law Review (4)
- Publication Type
Articles 211 - 240 of 521
Full-Text Articles in Civil Procedure
William Nathan Baxter V. Dignity Health, Et Al, 131 Nev. Adv. Op. 76 (September 24, 2015), Andrea Orwoll
William Nathan Baxter V. Dignity Health, Et Al, 131 Nev. Adv. Op. 76 (September 24, 2015), Andrea Orwoll
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order dismissing a medical malpractice complaint. The Court held that because NRS § 41A.071 creates threshold requirements for bringing medical malpractice suits, it must be construed consistently with the liberal pleading requirements. The Court reversed and remanded.
In Re Guardianship Of N.M., 131 Nev. Adv. Op. 75 (September 24, 2015), Daniel Ormsby
In Re Guardianship Of N.M., 131 Nev. Adv. Op. 75 (September 24, 2015), Daniel Ormsby
Nevada Supreme Court Summaries
The Court heard an appeal from a parent-appellant challenging a district court’s exercise of temporary emergency jurisdiction to appoint a temporary, non-parent, guardian and general, non-parent, guardian. Affirmed.
Bergenfield V. Bac Home Loans Servicing, 131 Nev. Adv. Op. 68 (Sep. 10, 2015), Chelsea Stacey
Bergenfield V. Bac Home Loans Servicing, 131 Nev. Adv. Op. 68 (Sep. 10, 2015), Chelsea Stacey
Nevada Supreme Court Summaries
The Court held that when a district court dismisses a complaint but gives the plaintiff leave to amend the order it is not a final appealable judgment. In order for it to be a final appealable judgment, a plaintiff must give the district court written notice within 30 days that the plaintiff will not amend the complaint so the district court may enter a final, appealable order.
The Ohio Rules Of Civil Procedure And Their Effect On Real Property Titles, Alvin W. Lasher
The Ohio Rules Of Civil Procedure And Their Effect On Real Property Titles, Alvin W. Lasher
Akron Law Review
T HE REVOLUTION IS HERE! It has come quietly, almost without a murmur of opposition or civil discord. Indeed, many who will be most profoundly affected by it were not-are not even now, perhaps-aware of its coming. But it is here, nevertheless. The revolution in question, of course, relates not to some massive proletarian uprising which many today profess to see upon the horizon, but to the revolution in Ohio procedural law which became effective on July 1, 1970. For a revolution indeed it is, bringing changes so sweeping in their nature that the procedural law, both statutory and judge-made, …
The Ohio Rules Of Civil Procedure And Their Effect On Real Property Titles, Alvin W. Lasher
The Ohio Rules Of Civil Procedure And Their Effect On Real Property Titles, Alvin W. Lasher
Akron Law Review
The revolution is here! It has come quietly, almost without a murmur of opposition or civil discord. Indeed, many who will be most profoundly affected by it were not-are not even now, perhaps-aware of its coming. But it is here, nevertheless. The revolution in question, of course, relates not to some massive proletarian uprising which many today profess to see upon the horizon, but to the revolution in Ohio procedural law which became effective on July 1, 1970. For a revolution indeed it is, bringing changes so sweeping in their nature that the procedural law, both statutory and judge-made, which …
Barbara Ann Hollier Trust V. Shack, 131 Nev. Adv. Op. 59 (August 6, 2015), Patrick Phippen
Barbara Ann Hollier Trust V. Shack, 131 Nev. Adv. Op. 59 (August 6, 2015), Patrick Phippen
Nevada Supreme Court Summaries
On an issue of first impression, the Nevada Supreme Court held that the filing of a post-judgement motion which tolls the time to appeal also tolls NRCP 54(d)(2)(B)’s 20-day deadline to move for attorney fees. The Court further concluded that (a) the $100,000 offset in Hollier’s favor was not extinguished by the Court’s previous order and (b) only Acadian Realty is liable for attorney fees.
Federal Rules Of Civil Procedure; Statute Of Limitations; State Policy; Relation Back; Marshall V. Mulrenin, Gary I. Kruger
Federal Rules Of Civil Procedure; Statute Of Limitations; State Policy; Relation Back; Marshall V. Mulrenin, Gary I. Kruger
Akron Law Review
Some federal courts have followed the rule that amendments to correct misnomer or misdescription of a defendant will relate back where the proper defendant is in court. An amendment which substitutes or adds a new party, however, creates a new cause of action, and under such circumstances, there is normally no relation back to original filing for purposes of limitations.' Since the 1966 amendment of rule 15(c), however, a number of courts have permitted amendments substituting defendants after the statute of limitations has run.
In Rem Jurisdiction; Due Process; Minimum Contacts; State Statutes; Shaffer V. Heitner, Richard S. Milligan
In Rem Jurisdiction; Due Process; Minimum Contacts; State Statutes; Shaffer V. Heitner, Richard S. Milligan
Akron Law Review
The decision of Shaffer v. Heitner marks a significant departure from established principles concerning in rem jurisdiction. No longer may a court take jurisdiction of a lawsuit merely by sequestering any property of the defendant that happens to be located in that state.
In Rem Jurisdiction; Attachment Of Insurance Debts; State Statutes; O'Connorv. Lee-Hy Paving Corp., Eloise Lubbinge Mackus
In Rem Jurisdiction; Attachment Of Insurance Debts; State Statutes; O'Connorv. Lee-Hy Paving Corp., Eloise Lubbinge Mackus
Akron Law Review
The United States Court of Appeals, Second Circuit, in O'Connor v. Lee-Hy Paving Corp., upheld New York's insurance attachment procedure which serves as a vehicle for gaining personal jurisdiction over out-of-state defendants in causes of action that arise outside of New York. The court thereby determined that New York federal courts, in applying the procedures, had not violated defendant's due process because the minimum contacts requirement of the recent United Stated Supreme Court case, Shaffer v. Heitner, had been met.
Quasi In Rem Jurisdication; Minimum Contacts; State Statutes; Intermeat, Inc. V. American Poultry, Inc., John D. Frisby Jr.
Quasi In Rem Jurisdication; Minimum Contacts; State Statutes; Intermeat, Inc. V. American Poultry, Inc., John D. Frisby Jr.
Akron Law Review
"The decision of Intermeat, Inc. v. American Poultry, Inc. is the first decision rendered by a federal appeals court based on the United States Supreme Court decision of Shaffer v. Heitner. The Shaffer Court handed down a landmark decision in 1977 that appeared at first light to aim the principles of quasi in rem jurisdiction in a new direction. From the date of the decision it appeared that a court could no longer take jurisdiction of a lawsuit based merely on the fact that property of the defendant was located in the state in which the suit was filed. However, …
Local Rules Of Court, J. Patrick Browne
Local Rules Of Court, J. Patrick Browne
Akron Law Review
In the vast majority of cases, the Ohio Rules of Civil Procedure will be the primary source of authority governing the practice and procedure to be followed. But in some instances, the primary source of authority will be statutory, and the applicable sections of the Ohio Revised Code may or may not be supplemented by the Ohio Rules of Civil Procedure.
Summary Of Biscay V. Mgm Resorts Int’L., 131 Nev. Adv. Op. 46 (July 2, 2015), Patrick Phippen
Summary Of Biscay V. Mgm Resorts Int’L., 131 Nev. Adv. Op. 46 (July 2, 2015), Patrick Phippen
Nevada Supreme Court Summaries
The Court concluded dismissal is not proper under NRS 18.130(4) when a non-resident plaintiff files security with the court clerk for the defendant’s costs when the required security is filed any time prior to the action being dismissed.
Symposium Introduction: Through A Glass Starkly: Civil Procedure Re-Assessed, Thomas O. Main, Jeffrey W. Stempel
Symposium Introduction: Through A Glass Starkly: Civil Procedure Re-Assessed, Thomas O. Main, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Reflections, Steve Subrin
Manning The Courthouse Gates: Pleadings, Jurisdiction, And The Nation-State, Margaret Y.K. Woo
Manning The Courthouse Gates: Pleadings, Jurisdiction, And The Nation-State, Margaret Y.K. Woo
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
The Forms Had A Function: Rule 84 And The Appendix Of Forms As Guardians Of The Liberal Ethos In Civil Procedure, A. Benjamin Spencer
Faculty Publications
The Appendix of Forms that, from the time of their adoption have accom - panied the Federal Rules of Civil Procedure, are a seeming anachronism, more appropriate for a much simpler time that hardly characterizes modem day federal civil litigation. Perhaps the form for a negligence complaint is the most striking in this regard, offering only that at a certain time and place "the defendant negligently drove a motor vehicle against the plaintiff," causing harm.2 Not only does such a complaint fail to typify the negligence claims one might find on any federal docket, but it also fails to reflect …
Electronic Data, Electronic Searching, Inadvertent Production Of Privileged Data: A Perfect Storm, Donald Wochna
Electronic Data, Electronic Searching, Inadvertent Production Of Privileged Data: A Perfect Storm, Donald Wochna
Akron Law Review
This article suggests that the practical impact of treating electronic searching as an expert function is to permit attorneys to focus and strategize on the process of electronic searching rather than on the completeness of document production. In effect, electronic searching permits attorneys to quit focusing on finding documents and begin focusing on identifying electronic sources of information on which reside relevant documents that can be extracted by means of electronic searching protocols.
Summary Judgment In The Shadow Of Erie, Jeffrey O. Cooper
Summary Judgment In The Shadow Of Erie, Jeffrey O. Cooper
Akron Law Review
This essay addresses one particular challenge to federal summary judgment practice: the possibility of a successful challenge to Rule 56 of the Federal Rules of Civil Procedure, pursuant to Erie Railroad v. Tompkins and its progeny. Part II of this essay addresses differences between summary judgment as practiced in federal courts pursuant to Federal Rule 56 and summary judgment as practiced in state courts, focusing in particular on differences in the ways the federal courts and some state courts allocate the burdens on moving and non-moving parties.Part III suggests that these differences are problematic under Erie and its progeny, and …
Must, Should, Shall, Steven S. Gensler
Must, Should, Shall, Steven S. Gensler
Akron Law Review
This Essay has three parts. Parts I and II look backward. Part I tells the story of the switch from ―shall‖ to ―should‖ in 2007. Part II then explains the events that led the Advisory Committee to propose the amendment that, if it takes effect as scheduled on December 1, 2010, will restore ―shall‖ to the text of Rule 56. Part III looks forward. It addresses a single, critical question: how much discretion to deny summary judgment will trial judges have once ―shall‖ is restored? The answer is this: with the restoration of ―shall,‖ trial courts will return to whatever …
Summary Of Lisle V. State, 131 Nev. Adv. Op. 39 (June 25, 2015), Adam Wynott
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
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 Fulbrook V. Allstate Ins. Co., 131 Nev. Adv. Op. 33 (Jun. 4, 2015), Walter Fick
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.
New Limits On General Personal Jurisdiction: Examining The Retroactive Application Of Daimler In Long-Pending Cases, Brooke A. Weedon
New Limits On General Personal Jurisdiction: Examining The Retroactive Application Of Daimler In Long-Pending Cases, Brooke A. Weedon
Washington and Lee Law Review
No abstract provided.
"Just A Bit Outside!": Proportionality In Federal Discovery And The Institutional Capacity Of The Federal Courts, Bernadette Bollas Genetin
"Just A Bit Outside!": Proportionality In Federal Discovery And The Institutional Capacity Of The Federal Courts, Bernadette Bollas Genetin
Akron Law Faculty Publications
This Article focuses on pending amendments to Rule 26(b)(1), the scope-of-discovery provision in the Federal Rules of Civil Procedure. Proposed Rule 26(b)(1) would authorize parties to obtain discovery of “any non-privileged matter that is relevant to any party’s claim or defense” if that information is also “proportional to the needs of the case,” based on enumerated proportionality factors – “the importance of the issues at state in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the …
Summary Of Catholic Diocese Of Green Bay, Inc. V. John Doe 119, 131 Nev. Adv. Op. 29 (May 28, 2015), Adam Wynott
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.
Resurrecting Trial By Statistics, Jay Tidmarsh
Resurrecting Trial By Statistics, Jay Tidmarsh
Journal Articles
“Trial by statistics” was a means by which a court could resolve a large number of aggregated claims: a court could try a random sample of claim, and extrapolate the average result to the remainder. In Wal-Mart, Inc. v. Dukes, the Supreme Court seemingly ended the practice at the federal level, thus removing from judges a tool that made mass aggregation more feasible. After examining the benefits and drawbacks of trial by statistics, this Article suggests an alternative that harnesses many of the positive features of the technique while avoiding its major difficulties. The technique is the “presumptive judgment”: a …
Is Limited Remand Required If The District Court Admitted Or Excluded Evidence Without A Daubert Analysis?, Robert B. Gilbreath
Is Limited Remand Required If The District Court Admitted Or Excluded Evidence Without A Daubert Analysis?, Robert B. Gilbreath
The Journal of Appellate Practice and Process
No abstract provided.
Taboo Procedural Tradeoffs: Examining How The Public Experiences Tradeoffs Between Procedural Justice And Cost, Victor D. Quintanilla
Taboo Procedural Tradeoffs: Examining How The Public Experiences Tradeoffs Between Procedural Justice And Cost, Victor D. Quintanilla
Nevada Law Journal
No abstract provided.
The Universal Remedy For Attorney Abandonment: Why Holland V. Florida And Maples V. Thomas Give All Courts The Power To Vacate Civil Judgments Against Abandoned Clients By Way Of Rule 60(B)(6), Stephen White
Pepperdine Law Review
This Article argues that Federal Rule of Civil Procedure 60(b)(6) is the only remedy that courts can always rely on to enforce this power. The universal availability of this statutory rule, which states that courts can vacate judgments against parties “for any . . . reason that justifies relief,” ensures that courts can safeguard clients from the conduct of attorneys who have abandoned them. Part II of this Comment provides an overview of the distinct models the Supreme Court has utilized to evaluate attorney misconduct and the circumstances that bind clients to that misconduct. Part II also describes in detail …
The Value Of Uncertainty, Cathy Hwang, Benjamin P. Edwards
The Value Of Uncertainty, Cathy Hwang, Benjamin P. Edwards
Faculty Scholarship
No abstract provided.