Civil Procedure Commons^™

Texas: Impact Of The Expedited Action Rules On The Texas County Courts At Law, Paula Hannaford-Agor, Scott Graves

Faculty Publications

Amendments to the Texas Rules of Civil Procedure were enacted by the Texas Supreme Court in response to legislative policy initiatives intended to reduce expense and delay of civil litigation while maintaining fairness to litigants. The 2013 amendments provided specific procedural rules for dismissals for baseless actions, and an expedited process and limitation on discovery for cases in which claimants seek monetary relief of $100,000 or less (expedited actions).

The National Center for State Courts (NCSC) undertook this evaluation in cooperation with the Texas Office of Court Administration (OCA) to assess the impact of the expedited Actions Rules. The intent …

Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh

Barry Law Review

No abstract provided.

Disruptions' Function: A Defense Of (Some) Form Objections Under The Federal Rules Of Civil Procedure, Amir Shachmurove

Seton Hall Circuit Review

No abstract provided.

Newsroom: Good Reason For Secrecy On 38 Studios 8/12/2016, Niki Kuckes, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Neutralizing The Stratagem Of "Snap Removal": A Proposed Amendment To The Judicial Code, Joan E. Steinman, Arthur Hellman, Lonny Hoffman, Thomas Rowe, Georgene Vairo

All Faculty Scholarship

The “Removal Jurisdiction Clarification Act” is a narrowly tailored legislative proposal designed to resolve a widespread conflict in the federal district courts over the proper interpretation of the statutory “forum-defendant” rule. The forum-defendant rule prohibits removal of a diversity case “if any of the parties in interest properly joined and served as defendants is a citizen of the [forum state].” 28 U.S.C. § 1441(b)(2) (emphasis added). Some courts, following the “plain language” of the statute, hold that defendants can avoid the constraints of the rule by removing diversity cases to federal court when a citizen of the forum state has …

Shhh: Eighth Circuit Puts Conservationists Intervenor To Bed In Quiet Title Action In North Dakota Ex Rel. Stenehjem V. United States, Matthew K. Arnold

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles

University of Miami Law Review

False Claims Act litigation is more hotly contested than ever before. One such controversial issue plaguing federal courts is the proper application of Federal Rule of Civil Procedure 9(b) to actions arising under the False Claims Act. The explosion of litigation under the FCA caused a circuit split to emerge on the correct standard to use when applying Rule 9(b)’s heightened pleading requirement for more particularity. Specifically, courts are split on the level of specificity required to prove that a false claim was submitted to the government. Some apply a “strict” interpretation and require pleadings to include representative samples of …

Casenote Update: The Supreme Court Restricts Plaintiff Options For Climate Change Litigation In American Electric Power Co. V. Connecticut, Matthew R. Weiss

Villanova Environmental Law Journal (1991 - )

No abstract provided.

18th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2016, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes, Colin Connor

Georgia Journal of International & Comparative Law

No abstract provided.

“Please Stop Telling Her To Leave.” Where Is The Money: Reclaiming Economic Power To Address Domestic Violence, Margo Lindauer

Seattle University Law Review

In this Article, I argue that economic dependence is a critical factor in violence prevention. For many victims of domestic violence, the economic entanglement with an abusive partner is too strong to sever contact without another source of economic support. This Article is a thought experiment in economic justice; it asks the question: is there a way to provide outside economic support for a victim of violence fleeing a battering partner? In this Article, I examine existing systems such as Social Security, unemployment assistance, work-readiness programs, crowd sourcing, and others to evaluate how these sources could provide emergency economic support …

Neuroimaging Evidence: A Solution To The Problem Of Proving Pain And Suffering?, Brady Somers

Seattle University Law Review

Envision a plaintiff who was injured on the job at a construction site due to his employer’s negligence. The plaintiff has chronic back pain, but it is not verifiable on an X-ray, nor is a physical injury readily discernible by any other technology. Presently, fact finders are given the broad discretion to decide whether they find this plaintiff credible, and accordingly, whether they believe he is truly in pain and deserves damages for pain and suffering. However, neuroimaging—specifically functional magnetic resonance imaging (fMRI)—could allow those fact finders to visualize whether this plaintiff was hurting by depicting the unique signatures that …

If It (Ain’T) Broke, Don’T Fix It: Twombly, Iqbal, Rule 84, And The Forms, Justin Olson

Seattle University Law Review

The past decade has not been kind to the Federal Rules of Civil Procedure (the Rules). From the growth of summary judgment as a mechanism to let judges instead of juries determine facts, to the love–hate relationship with class actions, judicial interpretations of the Rules have revealed a trend toward complicating the ability of plaintiffs to find redress for their claims. Nowhere is this more apparent than in the shifting standards of pleading requirements under Rule 8. Much has been written by academics and practitioners alike regarding the ripples caused by Twombly and Iqbal. Although the Court would like to …

Humboldt Gen. Hosp. V. Sixth Jud. Dist. Ct., 132 Nev. Adv. Op. 53 (Jul. 28, 2016), Rob Schmidt

Nevada Supreme Court Summaries

The Court determined that allegations raising the scope of informed consent rather than the absence of consent to a medical procedure, even when pleaded as a battery action, constitute medical malpractice claims, and are subject to the NRS 41A.071 requirement for a medical expert affidavit.

Plausible Pleading In Patent Suits: Predicting The Effects Of The Abrogation Of Form 18, Kyle R. Williams

Michigan Telecommunications & Technology Law Review

On December 1, 2015, amendments to the Federal Rules of Civil Procedure took effect. The changes included, among other things, the abrogation of the Appendix of Forms, which contained templates for summons, complaints, answers, and other litigation documents. Prior to its abrogation, Form 18—a template for a “Complaint for Patent Infringement”—was widely utilized by patent plaintiffs in crafting infringement complaints. Form 18 was created during the Conley pleading regime, when conclusory allegations were generally sufficient to survive a motion to dismiss. Accordingly, the sample allegations in Form 18 were conclusory and bare-bones in nature. Under Conley, plaintiffs who followed this …

Newsroom: Kuckes On Legal Fees Ruling 7/20/2016, Sheri Qualters, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: Kuckes On Discovery Ruling 7-7-2016, Sheri Qualters, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

#Rule23 #Classaction #Notice: Using Social Media, Text Messaging, And Other New Communications Technology For Class Action Notice And Returning To Rule 23(C)(2)(B)'S "Best Notice Practicable" Standard, Elizabeth M.C. Scheibel

Mitchell Hamline Law Review

No abstract provided.

Learning Intentionally And The Metacognitive Task, Patti Alleva, Jennifer A. Gundlach

Hofstra Law Faculty Scholarship

This article serves both to frame The Pedagogy of Procedure symposium it introduces and to itself explore the importance of metacognition and learning about learning to legal education and lawyering. The authors begin by suggesting why Civil Procedure doctrine is so challenging to teach and learn, noting how the symposium pieces help to tackle those challenges. They then join the growing number of law professors who advocate that learning how to learn deserves greater attention in the law school curriculum, suggesting that law schools should do more to demonstrate respect for the process of learning as an end in itself. …

Twiqbal In Context, Christine P. Bartholomew

Journal Articles

No abstract provided.

The Preliminary Injunction Standard In Diversity: A Typical Unguided Erie Choice, David E. Shipley

Scholarly Works

The standard for granting preliminary injunctions in some states is not the same as the preliminary injunction standard that is followed in the federal district courts in the federal circuit where the state is located. For example, the interlocutory injunction standard in Georgia’s superior courts is not as demanding as the preliminary injunction standard in Georgia’s federal courts. Although state and federal courts in Georgia consider four similar factors in deciding whether to grant or deny provisional injunctive relief, a balancing or sliding scale approach can be used in Georgia’s courts; the moving party need not prove all four of …

To Waive Or Not To Waive? Filing Deadlines And Hearing Requests In Administrative Adjudications, Alice Booher Johnson

Journal of the National Association of Administrative Law Judiciary

In Part II of this Article, I provide an overview of subject matter jurisdiction in relation to filing timeframes. I review the distinction between original and appellate jurisdiction using Maryland case law and a sample survey of other state case law to provide background to the question of filing deadlines and hearing requests in administrative adjudications. In Part III of this Article, I elaborate upon Supreme Court precedent on administrative filing deadlines. In Part IV of this Article, I analyze the nature of filing deadlines for hearing requests before various state agencies, with an emphasis on Maryland’s scheme. The case …

Hague Convention On The Law Applicable To Products Liability, Bryant Durham

Georgia Journal of International & Comparative Law

No abstract provided.

Disclosure And The Incurious Attorneys, William F. Cahill, B.A., Ll.B., J.C.D.

The Catholic Lawyer

No abstract provided.

"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch

University of Arkansas at Little Rock Law Review

No abstract provided.

The Cost Of Rules, The Rule Of Costs, Victor Marrero

Cardozo Law Review

No abstract provided.

Clapper Dethroned: Imminent Injury And Standing For Data Breach Lawsuits In Light Of Ashley Madison, Arthur R. Vorbrodt

Washington and Lee Law Review Online

No abstract provided.

Pleading Actual Malice In Defamation Actions After Twiqbal: A Circuit Survey, Judy M. Cornett

Nevada Law Journal

No abstract provided.

Disclosure And The Incurious Attorneys

The Catholic Lawyer

No abstract provided.

Badger V. Eighth Jud. Dist. Ct., F. Shane Jackson

Nevada Supreme Court Summaries

The Court considered a petition for a writ of mandamus challenging a district court order denying a motion for summary judgment and a motion to dismiss. Petitioner Darrin D. Badger (“Petitioner”) sought summary judgment in a breach of guaranty action against him and dismissal of a complaint of a deficiency judgment against him in connection with a foreclosure. After the court denied Petitioner’s motions, he filed the instant petition. The Court granted the petition, holding that a party may not use the relation back provision of NRCP 15(c) to circumvent the requirement in NRS 40.455(1) that an application for a …