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Articles 2311 - 2340 of 6648
Full-Text Articles in Civil Procedure
Summary Of L.V. Dev. Assocs. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 37, Ryan Becklean
Summary Of L.V. Dev. Assocs. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 37, Ryan Becklean
Nevada Supreme Court Summaries
The Court determined whether NRS 50.125 applies to depositions.
Summary Of Dornbach V. Tenth Jud. Dist. Ct., 130 Nev. Adv. Op. 33, Kylee Gloekner
Summary Of Dornbach V. Tenth Jud. Dist. Ct., 130 Nev. Adv. Op. 33, Kylee Gloekner
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether the NRCP 16.1(e) time period begins to run when the defendant appears or answers and (2) whether a district court may consider its own internal delays when justifying a deadline extension.
No Adequate Recompense For Destruction: The Constitutionality Of The New York Medical Malpractice Statute Of Limitations As Applied To Misdiagnosis Of Latent Disease, Lillian M. Spiess
No Adequate Recompense For Destruction: The Constitutionality Of The New York Medical Malpractice Statute Of Limitations As Applied To Misdiagnosis Of Latent Disease, Lillian M. Spiess
Touro Law Review
No abstract provided.
Specificity Or Dismissal: The Improper Extension Of Rule 9(B) To Negligent Misrepresentation As A Deprivation Of Plaintiffs’ Procedural Due Process Rights, Julie A. Cook
William & Mary Bill of Rights Journal
No abstract provided.
Who Owns A Class Action?, Richard A. Booth
Who Owns A Class Action?, Richard A. Booth
Villanova Law Review (1956 - )
This Essay considers the potential implications for securities class actions of Standard Fire Insurance Co. v. Knowles, which is presently before the Supreme Court. Although the ultimate question in Knowles is whether the plaintiff class may be gerrymandered so as to avoid removal to federal court, a closely related question may arise in securities fraud class actions (which are filed in federal court in the first place). In an action under SEC Rule 10b-5, the plaintiff typically seeks to recover for losses suffered as a result of buying a stock at a price inflated by management misrepresentations. In such a …
Waiving The Duty To Mitigate In Commercial Leases, Jacqueline Sandler
Waiving The Duty To Mitigate In Commercial Leases, Jacqueline Sandler
William & Mary Business Law Review
This Note examines a largely unexplored consequence of jurisdictions adopting a default duty to mitigate for commercial leases: whether a contract provision waiving the duty should be enforced. Only a few courts across the country have addressed the waiver issue in a commercial setting. At least two different appeals courts have enforced a waiver clause and claim that public policy supports their decision. In contrast, a federal court has stated the opposite—that public policy demands waiver provisions be void. Another state has outright voided all waiver clauses by statute. Courts that have enforced waivers have asserted that commercial parties have …
The Practical Challenges Of Litigating And Trying A Claim For Attorney Fees To A Jury In Minnesota: Providing Minnesota’S District Court Judges, Lawyers, And Litigants The Guidance And Predictability They Need, S. Jamal Faleel
Hamline Law Review
abstract
Summary Of Alcantara V. Wal-Mart Stores, Inc., 130 Nev. Adv. Op. 28, Allison Vitangeli
Summary Of Alcantara V. Wal-Mart Stores, Inc., 130 Nev. Adv. Op. 28, Allison Vitangeli
Nevada Supreme Court Summaries
Whether issue and/or claim preclusion can prevent an heir from asserting a wrongful-death claim under NRS 41.085(4) when the decedent’s estate had previously attempted but failed to succeed on a wrongful death claim under NRS 41.085(5).
The Perils Of Productivity, Emily Spottswood
The Perils Of Productivity, Emily Spottswood
Scholarly Publications
This Essay urges that those who seek to minimize delay in litigation should proceed with greater caution. Productivity reform proponents usually assume that an increase in case processing speed can be purchased at little cost to other procedural values, but this may not be the case. Such reforms may lower the quality of lawyers’ case preparation and worsen the quality of judicial decisions. The extent of these effects is unclear because the proponents of such changes have not made an effort to establish that increases in speed can be achieved without undermining the accuracy of litigation outcomes. Relatedly, it is …
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew F. Popper
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew F. Popper
Catholic University Law Review
No abstract provided.
Utah: Impact Of The Revisions To Rule 26 On Discovery Practice In The Utah District Courts, Final Report, Paula Hannaford-Agor, Cynthia G. Lee
Utah: Impact Of The Revisions To Rule 26 On Discovery Practice In The Utah District Courts, Final Report, Paula Hannaford-Agor, Cynthia G. Lee
Faculty Publications
On November 1, 2011, the Utah Supreme Court implemented a set of revisions to Rule 26 and Rule 26.1 of the Utah Rules of Civil Procedure designed to address concerns regarding the scope and cost of discovery in civil cases. Funded in part by a grant from the U.S. Department of Justice, Bureau of Justice Assistance, the National Center for State Courts (NCSC) conducted an empirical evaluation of the short-term and long-term impacts of the Rule 26 revisions. The evaluation consists of five components: an analysis of trends in aggregate filings; a comparison of case-level characteristics for cases filed before …
Summary Of Huckabay Props., Inc. V. Nc Auto Parts L.L.C., 130 Nev. Adv. Op. 23, Michael Bowman
Summary Of Huckabay Props., Inc. V. Nc Auto Parts L.L.C., 130 Nev. Adv. Op. 23, Michael Bowman
Nevada Supreme Court Summaries
The Court determined three issues: (1) whether precedential uniformity requires a reinstatement of appeals; (2) whether failure to follow court rules is grounds for dismissing a civil appeal; and (3) whether failure to serve each attorney with a motion to dismiss is grounds for en banc reconsideration.
Summary Of Liu V. Christopher Homes, Llc, 130 Nev. Adv. Op. 17, Allison Vitangeli
Summary Of Liu V. Christopher Homes, Llc, 130 Nev. Adv. Op. 17, Allison Vitangeli
Nevada Supreme Court Summaries
The Court clarified two issues: (1) Sandy Valley Associates v. Sky Ranch Estates Owners Association’s and Horgan v. Felton’s effect on the law regarding the recovery of attorney fees as special damages; and (2) the extent to which Horgan retreated from Sandy Valley’s discussion about the grounds for recovering attorney fees as special damages.
Summary Of The Power Co. V. Henry, 130 Nev. Adv. Op. 21, Laura Guidry
Summary Of The Power Co. V. Henry, 130 Nev. Adv. Op. 21, Laura Guidry
Nevada Supreme Court Summaries
The Court determined two issues:1) whether NRCP 41(e)’s provision requiring dismissal for want of prosecution applies to an action in which the parties entered into a written and signed settlement agreement before NRCP 41(e)’s five-year deadline expired; and 2) whether the district court erred in reducing the parties’ settlement agreement to judgment. Summary written by Laura Guidry.
Curtailing The First Amendment Protection To Discovery, Silvia Durri
Curtailing The First Amendment Protection To Discovery, Silvia Durri
Touro Law Review
No abstract provided.
Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim, Stefan Josephs
Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim, Stefan Josephs
Touro Law Review
No abstract provided.
The Jury As A Political Institution: An Internal Perspective, Robert P. Burns
The Jury As A Political Institution: An Internal Perspective, Robert P. Burns
William & Mary Law Review
In this Essay, I will briefly describe some of the more obvious ways in which the jury has been considered a political institution. I will then discuss the senses in which we can understand the term “political” in the context of the American jury trial. I will describe the senses in which Hannah Arendt, perhaps the most important political philosopher of the twentieth century, tried to distinguish between “the political” and the “the legal” and the limitations of any such distinction. I will then turn to the heart of this Essay, a description of the ways in which the American …
Blackstone's Curse: The Fall Of The Criminal, Civil, And Grand Juries And The Rise Of The Executive, The Legislature, The Judiciary, And The States, Suja A. Thomas
William & Mary Law Review
No abstract provided.
Juries As Regulators Of Last Resort, Stephan Landsman
Juries As Regulators Of Last Resort, Stephan Landsman
William & Mary Law Review
No abstract provided.
Embedded Experts On Real Juries: A Delicate Balance, Shari Seidman Diamond, Mary R. Rose, Beth Murphy
Embedded Experts On Real Juries: A Delicate Balance, Shari Seidman Diamond, Mary R. Rose, Beth Murphy
William & Mary Law Review
“Experts” appear in the modern American courtroom on the jury as well as in the witness box, posing a dilemma for the legal system by offering a potentially valuable resource and an uncontrolled source of influence. Courts give ambiguous guidance to jurors on how they should handle their expertise in the deliberation room. On the one hand, jurors are told that they should “decide what the facts are from the evidence presented here in court.” By direct implication, then, jurors should not use outside information to evaluate the evidence. Jurors are also told, however, that they should “consider all of …
Opening Remarks, Akhil Reed Amar
Jury Ignorance And Political Ignorance, Ilya Somin
Jury Ignorance And Political Ignorance, Ilya Somin
William & Mary Law Review
No abstract provided.
Second-Order Diversity Revisited, Jeffrey Abramson
Second-Order Diversity Revisited, Jeffrey Abramson
William & Mary Law Review
No abstract provided.
Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse
Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse
William & Mary Law Review
No abstract provided.
Political Decision Making By Informed Juries, William E. Nelson
Political Decision Making By Informed Juries, William E. Nelson
William & Mary Law Review
No abstract provided.
Introduction: The Civil Jury As A Political Institution, Jason M. Solomon, Paula Hannaford-Agor
Introduction: The Civil Jury As A Political Institution, Jason M. Solomon, Paula Hannaford-Agor
William & Mary Law Review
No abstract provided.
Diversity And The Civil Jury, Christina S. Carbone, Victoria C. Plaut
Diversity And The Civil Jury, Christina S. Carbone, Victoria C. Plaut
William & Mary Law Review
No abstract provided.
What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans
What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans
William & Mary Law Review
No abstract provided.
The Jury And Participatory Democracy, Alexandra D. Lahav
The Jury And Participatory Democracy, Alexandra D. Lahav
William & Mary Law Review
No abstract provided.
Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet
Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet
William & Mary Law Review
This Essay argues that because jurors exercise state authority with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties—those of loyalty and care—therefore provide useful benchmarks for evaluating and guiding jurors in their decisionmaking role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of what we know about …