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Federal Rules of Civil Procedure

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Articles 301 - 330 of 376

Full-Text Articles in Civil Procedure

Blonder-Tongue Bites Back: Collateral Estoppel In Patent Litigation - A New Look, Francis P. Devine Jan 1972

Blonder-Tongue Bites Back: Collateral Estoppel In Patent Litigation - A New Look, Francis P. Devine

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1971

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Federal Pollution Control: Participation By States And Individuals Enhances The National Pollution Control Effort, Thomas R. Hendershot Jan 1971

Federal Pollution Control: Participation By States And Individuals Enhances The National Pollution Control Effort, Thomas R. Hendershot

Villanova Law Review (1956 - )

No abstract provided.


Post Trial Motions Under The New Indiana Rules, Edwin H. Greenebaum Apr 1970

Post Trial Motions Under The New Indiana Rules, Edwin H. Greenebaum

Indiana Law Journal

No abstract provided.


Pretrial Discovery And The Adversary System, By William A. Glaser, Floyd Abrams Apr 1970

Pretrial Discovery And The Adversary System, By William A. Glaser, Floyd Abrams

Indiana Law Journal

No abstract provided.


A Survey Of Federal Multidistrict Litigation - 28 U.S.C. 1407, F. J. Nyhan Jan 1970

A Survey Of Federal Multidistrict Litigation - 28 U.S.C. 1407, F. J. Nyhan

Villanova Law Review (1956 - )

No abstract provided.


The Antitrust Plaintiff Following In The Government's Footsteps, Dolores Korman Jan 1970

The Antitrust Plaintiff Following In The Government's Footsteps, Dolores Korman

Villanova Law Review (1956 - )

No abstract provided.


Written Depositions Under Federal And State Rules As Cost-Effective Discovery At Home And Abroad, John R. Schmertz Jr. Jan 1970

Written Depositions Under Federal And State Rules As Cost-Effective Discovery At Home And Abroad, John R. Schmertz Jr.

Villanova Law Review (1956 - )

No abstract provided.


The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers Jan 1970

The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers

Publications

No abstract provided.


The Proper Standard For Directed Verdicts In The Federal Courts: The Influences Of The Seventh Amendment And The Erie Doctrine, Ward T. Williams Jan 1969

The Proper Standard For Directed Verdicts In The Federal Courts: The Influences Of The Seventh Amendment And The Erie Doctrine, Ward T. Williams

Villanova Law Review (1956 - )

No abstract provided.


Let's All Join In: Intervention Under Federal Rule 24, John E. Kennedy Jan 1969

Let's All Join In: Intervention Under Federal Rule 24, John E. Kennedy

Kentucky Law Journal

No abstract provided.


Class Actions Under New Rule 23 And Federal Statutes Of Limitation: A Study Of Conflicting Rationale, Barney B. Welsh Jan 1968

Class Actions Under New Rule 23 And Federal Statutes Of Limitation: A Study Of Conflicting Rationale, Barney B. Welsh

Villanova Law Review (1956 - )

No abstract provided.


The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin Jan 1968

The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin

Villanova Law Review (1956 - )

No abstract provided.


Federal Rules Of Civil Procedure-Rule 19 And Indispensable Parties, Michigan Law Review Mar 1967

Federal Rules Of Civil Procedure-Rule 19 And Indispensable Parties, Michigan Law Review

Michigan Law Review

The reformulation of compulsory joinder rules, urged by commentators for a decade, has been realized with the 1966 amendment to rule 19 of the Federal Rules of Civil Procedure. Prior to the amendment, courts consistently held that the absence from the lawsuit of persons who were "indispensable" deprived the court of power to adjudicate the action. The amendment to rule 19 is an effort to establish a methodology which requires a practical consideration of the factual situation at hand when determining the propriety of permitting a case to continue even though certain parties are not joined. A brief look at …


Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller Feb 1967

Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller

Michigan Law Review

The objective of this article is to analyze Federal Rule of Civil Procedure 44.1, which was developed as part of the reforms of the last decade and became effective on July 1, 1966 and to assess its capacity to rationalize the process of determining foreign law in the federal courts. What follows is an excursion through the past doctrine and into the probable future treatment of foreign law in the federal courts, an exploration of the interrelationship between the new Rule and other phases of federal civil procedure, and an analysis of the prospect that the Rule's effectiveness may be …


Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review Jan 1967

Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review

Michigan Law Review

During the summer of 1964, a federal district judge issued an injunction prohibiting various St. Augustine, Florida organizations and other persons with notice of the injunction from harassing or intimidating Negroes who were seeking motel or restaurant accommodations. Appellant Lance, an unpaid volunteer deputy sheriff, was not a member of any of the enjoined organizations, but he had actual notice of the order. Nonetheless, six days after the injunction was issued, he engaged in activities designed to intimidate a Negro citizen. In a subsequent civil contempt action arising from these activities, the federal district judge, asserting jurisdiction over him because …


Discovery Of Expert Opinion In Land Condemnation Proceedings Apr 1966

Discovery Of Expert Opinion In Land Condemnation Proceedings

Indiana Law Journal

No abstract provided.


Applicability Of The Federal Rules In Diversity Cases Mar 1966

Applicability Of The Federal Rules In Diversity Cases

Washington and Lee Law Review

No abstract provided.


Determination Of Federal Jurisdictional Amount In Suits On Unliquidated Claims, Michigan Law Review Mar 1966

Determination Of Federal Jurisdictional Amount In Suits On Unliquidated Claims, Michigan Law Review

Michigan Law Review

Hoping to keep federal court dockets free of petty claims and thereby to reduce the delay in bringing to trial controversies involving more substantial sums, Congress has given United States district courts jurisdiction of many civil actions arising under the Constitution, laws, or treaties of the United States and most disputes between parties of diverse citizenship only when the alleged right forming the basis of a claimant's cause of action can be valued at more than ten thousand dollars. The value of a particular claim is determined by reference to those portions of its proponent's pleading which tend to support …


Service Of Process-Federal Rules Of Civil Procedure-Service Of Process In Italy On Alien Corporate Defendant Permitted In A Federal Antitrust Action-Hoffman Motors Corp. V. Alfa Romeo S.P.A.., Michigan Law Review Jan 1966

Service Of Process-Federal Rules Of Civil Procedure-Service Of Process In Italy On Alien Corporate Defendant Permitted In A Federal Antitrust Action-Hoffman Motors Corp. V. Alfa Romeo S.P.A.., Michigan Law Review

Michigan Law Review

Plaintiff, an American automobile distributor, brought suit in a federal court in the Southern District of New York against Alfa Romeo S.p.A., an Italian corporation, for violation of the Robinson- Patman and Auto Dealers' Acts. Service of process was made personally on defendant's general manager in Italy by an Italian attorney appointed for that purpose by the district court, and by registered mail as prescribed by the New York statute for extraterritorial service. Defendant moved to dismiss for lack of personal jurisdiction as to the Robinson-Patman claim on the ground that section 12 of the Clayton Act limits the territorial …


Eleventh Amendment, Judicial Code, And Federal Rules Of Civil Procedure Restrict Ability Of United States To Implead A State In Connection With Suit Commenced By A Private Citizen--Parks V. United States, Michigan Law Review Jan 1966

Eleventh Amendment, Judicial Code, And Federal Rules Of Civil Procedure Restrict Ability Of United States To Implead A State In Connection With Suit Commenced By A Private Citizen--Parks V. United States, Michigan Law Review

Michigan Law Review

Suit was brought by an individual against the United States under the Federal Tort Claims Act to recover compensation for property damage alleged to have been caused by the Government's negligence in constructing and maintaining the physical components\ of a flood-control project in New York. Relying upon New York's promise to hold the United States harmless on any liability arising from damage of this nature, the Government impleaded the state. On a motion before the United States District Court for the Northern District of New York to dismiss the state as a third-party defendant, held, motion granted. The Federal …


Should Virginia Adopt The Federal Rules Of Discovery?, Emanuel Emroch Jan 1966

Should Virginia Adopt The Federal Rules Of Discovery?, Emanuel Emroch

University of Richmond Law Review

More than fifteen years -ago Virginia made a very important and progressive modification of the rules of practice and procedure in actions at law and suits in equity. The promulgation of the Rules of the Supreme Court of Appeals in 1950 substituted a modern system for an archaic, outmoded, and cumbersome one. Under the Rules litigants can state their case and plead in a brief and succinct manner, unhampered with unnecessary and ancient verbiage. There is less emphasis on form and more on substance, and this facilitates the better administration of justice. Generally, the Rules have unquestionably served the purposes …


Prejudicial Reliance Upon A Trial Court's Ruling May Result In Suspension Of Federal Rules On Timeliness Of Appeals-Thompson V. Immigration & Naturalization Serv.; Wolfsohn V. Hankin, Michigan Law Review May 1965

Prejudicial Reliance Upon A Trial Court's Ruling May Result In Suspension Of Federal Rules On Timeliness Of Appeals-Thompson V. Immigration & Naturalization Serv.; Wolfsohn V. Hankin, Michigan Law Review

Michigan Law Review

In Thompson v. Immigration & Naturalization Serv., twelve days after the federal district court had entered an order denying a petition for naturalization, petitioner announced his intention of making motions for a new trial and amended findings of fact. Although the motions must be filed within ten days of the entry of judgment, the judge assured petitioner they were made in ample time, and no objection was raised by the Government. Six months later the motions were denied. Within sixty days of this denial, but not within sixty days of the original judgment, petitioner filed a notice of appeal. …


Revitalization Of The International Judicial Assistance Procedures Of The United States: Service Of Documents And Takings Of Testimony, Richard F. Gerber Jun 1964

Revitalization Of The International Judicial Assistance Procedures Of The United States: Service Of Documents And Takings Of Testimony, Richard F. Gerber

Michigan Law Review

This comment will examine two aspects of such judicial assistance-service. of documents and taking of testimony-and it will analyze each from the viewpoint of assistance obtained abroad in aid of American litigation as well as assistance rendered within the United States in aid of foreign litigation. It will attempt to survey some of the problems involved in securing performance of these acts, indicate the changes in current practice which are likely to result from the revisions of the Federal Rules of Civil Procedure and the proposed amendments to the Judicial Code, and, last, suggest some additional measures which might promote …


The Work Product Doctrine In The State Courts, John S. Holbrook Jr. May 1964

The Work Product Doctrine In The State Courts, John S. Holbrook Jr.

Michigan Law Review

When the modem Federal Rules of Civil Procedure were adopted in 1938, considerable doubt and controversy arose concerning the broad provisions for deposition and discovery. That controversy can be fairly described as a conflict both of emotion and of basic philosophy. Many lawyers engaged in the daily maneuvering of the adversary process naturally tended to defend a system which put a high premium on their individual abilities. Others were able to stand back and look at the trial practice of the day with some concern for basic incongruities. Too often, they felt, the obtaining of truth in fair trials was …


Findings Of Fact, James M. Carter, Bruce V. Wagner Jan 1964

Findings Of Fact, James M. Carter, Bruce V. Wagner

San Diego Law Review

To many of us rules of procedure are nebulous and for that reason we emphasize substantive rules of law even though most of us know the importance of the former. The authors hope in the following material to remove some of this cloudiness from one limited phase of procedure, that of "fact finding." This article is meant to be of assistance to trial judges on whom the final responsibility for preparation of the findings rests. It is also aimed at counsel who may assist in the preparation or who may object to the findings made by the court. Lastly, students …


The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder Jun 1963

The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder

Michigan Law Review

The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.


Federal Civil Procedure-Federal Rule 12(E): Motion For More Definite Statement- History, Operation And Efficacy, Stefan F. Tucker S.Ed. Apr 1963

Federal Civil Procedure-Federal Rule 12(E): Motion For More Definite Statement- History, Operation And Efficacy, Stefan F. Tucker S.Ed.

Michigan Law Review

The purpose of this comment is to trace the history of the motion for more definite statement as provided for in the Federal Rules, analyze the reasons for granting or denying the motion, and propose an answer to the question of whether Rule 12(e) is necessary, or superfluous, as part of modern federal pleading procedure.


Federal Civil Procedure-Discovery-Availability Of Attorney-Client Privilege To Corporations, Stephen M. Wittenberg Jan 1963

Federal Civil Procedure-Discovery-Availability Of Attorney-Client Privilege To Corporations, Stephen M. Wittenberg

Michigan Law Review

During the pre-trial stage of a civil antitrust suit, plaintiff sought inspection of certain documents in the files of the corporate defendants' outside counsel. The defendant contended that these documents were protected from discovery by the attorney-client privilege. Upon motion for inspection, held, granted. The attorney-client privilege is not available to any of the corporate parties in this action. Radiant Burners, Inc. v. American Gas Ass'n, 207 F. Supp. 771, aff'd on rehearing, 209 F. Supp. 321 (N.D. Ill. 1962).


Federal Civil Procedure--Right To Trial By Jury--State Law Controlling In Characterization Of Issues As Legal Or Equitable, Donald E. Vacin S.Ed. Dec 1962

Federal Civil Procedure--Right To Trial By Jury--State Law Controlling In Characterization Of Issues As Legal Or Equitable, Donald E. Vacin S.Ed.

Michigan Law Review

An action for declaratory relief was brought in a federal district court to determine the validity of a contingent fee contract and the reasonableness of attorney's fees in a will contest case. Plaintiff's motion for summary judgment was sustained. On appeal, the court of appeals reversed and remanded with instructions to grant defendant's motion for jury trial, in accordance with Oklahoma practice, on the question whether the contingent fee contract was fair and free from fraud. The Supreme Court granted certiorari, vacated the judgment, and remanded the case for reconsideration in the light of a recent state decision. On reconsideration …