Civil Procedure Commons^™

Civil Practice, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

During the Survey year, legislation was enacted relating to twenty-seven of the sixty-five articles of the CPLR. Additionally, there have been significant developments in the decisional law of res judicata. These and other areas should be of interest to the practitioner.

There's No Reason For It; It's Just Our Policy: The Well-Pleaded Complaint Rule Sabotages The Purposes Of Federal Question Jurisdiction, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

This Article is presented in three parts. Section I traces the statutory and case development of federal question jurisdiction, both under the constitutional and statutory “arising under”' language. Section II demonstrates the problems that the Mottley rule has caused in building a rational system of federal question jurisdiction, particularly in cases seeking declaratory judgments. Section III contends that the Mottley rule is irrational because it is a mechanical rule that ignores important policy considerations underlying the existence of federal question jurisdiction. Section III goes on to suggest that federal question jurisdiction should depend upon the centrality of the federal issue …

Fairness And Feres: A Critique Of The Presumption Of Injustice, Joan M. Bernott

Washington and Lee Law Review

No abstract provided.

Stepping On Board The Rule 11 Bandwagon, Roger M. Baron

Cleveland State Law Review

Prior to the 1983 amendments to Rule 11, there was some concern as to whether or not the Federal Rules had adequate provisions to insure the truthfulness of allegations in pleadings and motions. With the 1983 incorporation of an objective standard of reasonableness, subjective good faith was eliminated as a defense. Whether anticipated or not, the federal courts have now become flooded with litigation concerning the new Rule 11. Certain differences do exist among the circuits; however the differences are relatively minor, relating primarily to each circuit's description of the conduct which violates the relevant standards and to the standard …

Sovereign Immunity From Statutes Of Limitation In Maryland, Thomas A. Bowden

Maryland Law Review

No abstract provided.

Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson

University of Richmond Law Review

This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1986 and May 1987. This article also comments on cases in volumes five through eight of Virginia Circuit Court Opinions, many of which were decided before 1986. It is appropriate to mention them here since they were only recently made generally available through publication. In order to facilitate the discussion of numerous Virginia Code sections, they will be referred to in …

Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino

Faculty Publications

President Reagan's appointment of Antonin Scalia to the United States Supreme Court raises concern among liberals that Justice Scalia will help lead the Court away from a number of liberal positions toward a new conservatism. The Reagan Administration's requirement that judicial appointments advance the Administration's preference for judicial restraint and strict constructionism enhances this concern. These new executive requirements mean that federal courts should accord greater authority to the democratically elected branches of the government. Justice Scalia's primary areas of study, administrative law and separation of powers, reflect his adherence to judicial self-restraint.

One aspect of administrative law and separation …

Litigating The Zero-Sum Game: The Effect Of Institutional Reform Litigation On Absent Parties, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

This article considers the impact that the use and misuse of equitable interest balancing has had on institutional reform litigation. It begins by considering the types of cases in which interest balancing was originally used in equity, and then surveys the use of interest balancing in school desegregation and employment discrimination cases. The article argues that the Supreme Court's interest balancing is flawed in systemic ways that result in overvaluing non-party interests.

Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach

Touro Law Review

No abstract provided.

Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch

Touro Law Review

No abstract provided.

Rent Control Price Fixing: Another Look At The Emperor's New Clothes, Robert N. Markle

Touro Law Review

No abstract provided.

Rule 19 And The Public Rights Exception To Party Joinder, Carl W. Tobias

Law Faculty Publications

The increasing number of "public interest" lawsuits suggests that federal courts increasingly will confront difficult party joinder questions posed by such litigation. These problems arise because entities not involved in the litigation may have interests that may be adversely affected by the litigation. The joinder issue presented by such cases is whether rule 19 of the Federal Rules of Civil Procedure requires that the suit be dismissed or whether the litigation can continue without joinder of the absent entities. Numerous courts have dealt with the question by creating a 'public rights exception," which permits the litigation to continue even without …

Controlling The Civil Jury: Towards A Functional Model Of Justification, Pamela J. Stephens

Kentucky Law Journal

No abstract provided.

Offensive Collateral Estoppel In Kentucky: A Deadly Weapon Or A Paper Tiger?, Howard E. Frasier Jr.

Kentucky Law Journal

No abstract provided.

Whether Disclosure Of Work Product To A Witness In Preparation For Testifying Waives The Protection Of Federal Rule Of Civil Procedure 26(B)(3), Gene Lynn Humphreys

Kentucky Law Journal

No abstract provided.

The Regulation Of Entrepreneurial Litigation: Balancing Fairness And Efficiency In The Large Class Action, John C. Coffee Jr.

Faculty Scholarship

Just as war is too important to be left to generals, civil procedure – with apologies to Clemenceau – is too important to be left to proceduralists. Although it would be a serious overstatement to claim that all civil procedure scholars are confined by a tunnel vision focused only on the Federal Rules of Civil Procedure, they have as a group been reluctant to engage explicitly in incentive-based reasoning and seem particularly hesitant to reexamine what they must know to be a noble myth: namely, that the client can and should control all litigation decisions. Within an important and expanding …

Romandette V. Weetabix Co., Inc., 807 F. 2d 309 - Court Of Appeals, 2nd Circuit 1986, Roger J. Miner '56

Circuit Court Opinions

Anthony Romandette appeals pro se from an order of the United States District Court for the Southern District of New York (Brieant, J.) dismissing his diversity action for failure to effect service of the summons and complaint, Fed.R.Civ.P. 4, and for neglect to prosecute, Fed.R.Civ.P. 41(b). At the time the lawsuit was instituted — December 3, 1984 — and throughout most of the litigation, Romandette was incarcerated. Due to his incarceration, he was dependent upon prison library facilities to research his legal claims and, because of his in forma pauperis status, dependent upon United States Marshals to effectuate service of …

Iowa Mutual Insurance Co. V. Laplante, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Asahi Metal Industry Co. V. Superior Court Of California, Solano County, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Board Of Directors Of Rotary International V. Rotary Club Of Duarte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

California V. Rooney, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Repuation And Character In Defamation Actions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

The Federal Rules In State Courts: A Survey Of State Court Systems Of Civil Procedure, John B. Oakley, Arthur F. Coon

Washington Law Review

In this article we present a new survey of the civil procedures of the fifty states and the District of Columbia. We seek to identify those jurisdictions that have systematically replicated the Federal Rules as the basis for practice before their civil courts. We also seek to identify states whose civil procedures are more loosely modeled on the Federal Rules, paying special attention to each state's procedural disparity from or conformity to the federal model for the pleading of a civil case.

Discretionary Review Of Trial Court Decisions Under The Washington Rules Of Appellate Procedure, Geoffrey Crooks

Washington Law Review

The Washington Rules of Appellate Procedure (RAP) became effective July 1, 1976. These rules completely replaced all prior rules governing appellate procedure. Among the most important changes from prior practice was the creation of discretionary review as one of only two methods for seeking review of trial court decisions. The former procedures for seeking review, particularly interlocutory review, "by extraordinary writs of review, certiorari, mandamus, prohibition, and other writs formerly considered necessary and proper to the complete exercise of appellate and revisory jurisdiction," were superseded. The drafters' comment explains that the intent behind this change was to simplify and clarify …

Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary

Scholarly Works

The most noteworthy and important developments in trial practice and procedure during this survey period came as the result of legislation. Headlining these new laws is a measure designed to combat frivolous lawsuits by empowering judges to award reasonable attorney's fees and court costs against any party, plaintiff or defendant, who asserts a claim or defense that lacks substantial justification, or who otherwise abuses the process of adjudication. The adoption of this legislation spurred the supreme court to create a new tort of abusive litigation in Yost v. Torok.

For the second consecutive year, the legislature shortened the time in …

Terry White: A Two-Front Negotiation Exercise, Philip G. Schrag

West Virginia Law Review

No abstract provided.

Rule 4: Service By Mail May Cost You More Than A Stamp, Ann Varnon Crowley

Indiana Law Journal

No abstract provided.

The Modern Status Of The Rules Permitting A Judge To Punish Direct Contempt Summarily, Teresa S. Hanger

William & Mary Law Review

No abstract provided.

Forum Non Conveniens: A Doctrine In Search Of A Role, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.

Burger King Corp. V. Rudzewicz, 105 S. Ct. 2174 (1985), Robert C. Shearman

Florida State University Law Review

Civil Procedure-PERSONAL JURISDICTION-DUE PROCESS LIMITS THE REACH OF FLORIDA'S LONG-ARM STATUTE IN BRINGING CONTRACT DEFENDANTS TO THE HOME OF THE WHOPPER