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Legal Remedies Commons

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Full-Text Articles in Legal Remedies

To Remove Or Not To Remove - Is That The Question In 1933 Act Securities Cases?, Tanya Pierce Nov 2021

To Remove Or Not To Remove - Is That The Question In 1933 Act Securities Cases?, Tanya Pierce

Faculty Scholarship

Litigants spend immense time and money fighting over procedure. That fact is especially true for procedural rules concerning where a case may be heard—which, in the context of class actions, can determine the viability of claims almost regardless of their underlying merit. The potential for class certification, which tends to be greater in state than in federal courts, can transform claims that alone are too small to even justify suing into threats so large that defendants routinely use the words “judicial blackmail” to describe them. This paper focuses on a growing conflict between federal statutory removal provisions that arises in …


De Facto Class Actions: Plaintiff-And Defendant-Oriented Injunctions In Voting Rights, Election Law, And Other Constitutional Cases, Michael T. Morley Jan 2016

De Facto Class Actions: Plaintiff-And Defendant-Oriented Injunctions In Voting Rights, Election Law, And Other Constitutional Cases, Michael T. Morley

Faculty Scholarship

No abstract provided.


Understanding The Malpractice Wars, Thomas B. Metzloff Jan 1993

Understanding The Malpractice Wars, Thomas B. Metzloff

Faculty Scholarship

No abstract provided.