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Articles 151 - 180 of 446
Full-Text Articles in Litigation
Securing, Examining, And Cross-Examining Expert Witnesses In Environmental Cases, David Sive
Securing, Examining, And Cross-Examining Expert Witnesses In Environmental Cases, David Sive
Michigan Law Review
It is necessary at the outset to define the scope of the problem with which this Article will deal. Environmental cases are litigated in both judicial and administrative tribunals. The judicial proceedings include plenary actions and special proceedings and are heard in both federal and state courts. The administrative proceedings include licensing proceedings before federal agencies such as the Federal Power Commission and Atomic Energy Commission. Whether such administrative proceedings are deemed quasi-judicial or not, they are within the scope of this Article so long as they are adversary and involve testimony under oath, examination and cross-examination of witnesses, a …
Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review
Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review
Michigan Law Review
This Note is concerned primarily with the possibility of granting preclusive effect to the Board's determination of the issue of union liability under the section 8(b)(4) charge. Since traditional collateral estoppel principles must be adapted somewhat when applied to the Board's procedures, the preclusive effect given to the prior determination of liability will be referred to simply as "estoppel" in order to avoid confusion with the doctrine of collateral estoppel as it was developed in the courts.
Gleisser: Juries And Justice, Charles S. Desmond
Gleisser: Juries And Justice, Charles S. Desmond
Michigan Law Review
A Review of Juries and Justice by Marcus Gleisser
Copyright--Protection Denied To Verbal Expression Of Simple Subject Matter--Morrissey V. Proctor & Gamble Co., Michigan Law Review
Copyright--Protection Denied To Verbal Expression Of Simple Subject Matter--Morrissey V. Proctor & Gamble Co., Michigan Law Review
Michigan Law Review
The plaintiff copyrighted a series of rules for a sales promotional contest in which contestants' social security numbers were used as the basis for a "sweepstakes." In 1959 he submitted the contest rules and game suggestions to several companies, including the defendant Procter & Gamble Company, to see if they were interested in using his scheme. The defendant failed to accept or even to respond to the plaintiff's solicitation. However, three years later Procter & Gamble initiated a "Shopping Fling Sweepstakes" which utilized contestants' social security numbers as the basic element of the game. Plaintiff brought an action for copyright …
Group Legal Services For Trade Associations, Richard D. Copaken
Group Legal Services For Trade Associations, Richard D. Copaken
Michigan Law Review
This Article will examine the goals of the Canons of Professional Ethics in this trade association context, noting the pre-Button limitations on the representation of members of such associations, and analyzing the possible impact of the three cases on the development of group legal services in this area. Hopefully, the perspective gained from such an examination may prove useful in the difficult task immediately confronting the legal profession: reformulation of the Canons to bring them into conformity with Button, BRT and UMW while minimizing, on the one hand, the loss of those traditional conceptions which have continuing value and …
Smit, Ed: International Co-Operation In Litigation: Europe, Vittorio S. Denti
Smit, Ed: International Co-Operation In Litigation: Europe, Vittorio S. Denti
Michigan Law Review
A Review of International Co-operation in Litication: Europe edited by Hans Smit
Jurisdiction--Libel--First Amendment's Role In Determining Place Of Trial In Libel Actions, Michigan Law Review
Jurisdiction--Libel--First Amendment's Role In Determining Place Of Trial In Libel Actions, Michigan Law Review
Michigan Law Review
The seeming unfairness of basing jurisdiction solely on such ordinarily inconsequential acts as mailing a newspaper into another state has troubled some courts. Traditionally, the validity of such a jurisdictional basis would be judged against the fourteenth amendment standard of "fair play." In several recent cases, however, courts have brought to bear constitutional standards of free speech as well as of fairness in dealing with the problem of jurisdiction over the out-of- state defendant in a libel action. The Court of Appeals for the Fifth Circuit, in deciding New York Times Co. v. Connor, ruled that "First Amendment considerations …
Wood: A Handbook Of Dental Malpractice, Marcus L. Plant
Wood: A Handbook Of Dental Malpractice, Marcus L. Plant
Michigan Law Review
A Review of A Handbook of Dental Malpractice by L. Brent Wood
Antitrust-Limitation Of Actions-Clayton Act Statute Of Limitations Tolled On Treble Damage Suits Against Non-Government Defendant Co-Conspirators-- Michigan V. Morton Salt Co., Michigan Law Review
Antitrust-Limitation Of Actions-Clayton Act Statute Of Limitations Tolled On Treble Damage Suits Against Non-Government Defendant Co-Conspirators-- Michigan V. Morton Salt Co., Michigan Law Review
Michigan Law Review
Plaintiffs, several states and smaller governmental units, filed related antitrust treble damage claims against ten rock salt companies that had allegedly conspired to fix prices. These private actions were instituted subsequent to civil and criminal antitrust proceedings brought by the federal government in which four of the ten companies had been named as defendants and five designated as co-conspirators but not prosecuted. Section 5(b) of the Clayton Act provides that when such actions are brought by the government, "the running of the statute of limitations in respect of every private right of action arising under said laws and based in …
A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein
A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein
Michigan Law Review
The partition of countries in the wake of the second World War accounts for two Asian battlefields: Korea and Viet Nam. In Europe, where a dividing line was drawn through Germany, military hostilities have been avoided thus far. Instead, the controversies originating from that line are fought out at the conference table, through public and private media of communication, and in the courthouses.
Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review
Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review
Michigan Law Review
In an action for trademark infringement under the Lanham Act and for unfair competition, the District Court enjoined the defendant company from further use of the trademark and awarded the plaintiff $60,000 in attorney's fees. On appeal, held, reversed in part. The issuance of the injunction was upheld but the court declared that attorney's fees are not recoverable in trademark infringement cases prosecuted under the Lanham Act since Congress had not expressly provided for such awards.
Toward Uniform Guardianship Legislation, William F. Fratcher
Toward Uniform Guardianship Legislation, William F. Fratcher
Michigan Law Review
The Model Probate Code, part IV of which covers guardianship of the persons and property of infants and mental incompetents, was published in 1946 under the auspices of the University of Michigan Law School. It was prepared for the Probate Law Division of the Section of Real Property, Probate, and Trust Law of the American Bar Association by its Model Probate Code Committee in cooperation with the research staff of the Law School. No state has adopted the Model Probate Code in its entirety, but parts of it have been enacted in Arkansas, California, Colorado, Delaware, Hawaii, Illinois, Indiana, Missouri, …
James: Civil Procedure, Jon R. Waltz
James: Civil Procedure, Jon R. Waltz
Michigan Law Review
A Review of Civil Procedure by Fleming James, Jr.
Revitalization Of The International Judicial Assistance Procedures Of The United States: Service Of Documents And Takings Of Testimony, Richard F. Gerber
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 …
Civil Procedure- Venue-Effect Of Contract Provision Fixing Venue As To Future Litigation, Robert C. Bonges
Civil Procedure- Venue-Effect Of Contract Provision Fixing Venue As To Future Litigation, Robert C. Bonges
Michigan Law Review
Defendants, residents of Harris County, Texas, executed in Harris County a conditional sale contract to purchase a food freezer from plaintiff's assignor. One of the contract provisions was that any suit on the contract was to be tried in Travis County, Texas. Plaintiff subsequently brought an action on the contract in Travis County, and defendants, contrary to their agreement, requested the trial court to transfer the action to a court of proper jurisdiction in Harris County, which was the proper county for suit under the applicable venue statute. In response, plaintiff argued that, since the contract created an obligation performable …
Child Custody In A Federal System, Leonard G. Ratner
Child Custody In A Federal System, Leonard G. Ratner
Michigan Law Review
Among the most difficult of judicial functions is the determination of a child's custody after its parents have separated. The difficulties are acute enough when all the parties remain in the same place; when the parties are in different states, an additional perplexing problem arises as to which state should have authority to make the custody decision. This broad question can be resolved into three distinct though interrelated issues: (1) what state may initially determine custody; (2) what state may later modify that determination; (3) to what extent is such a determination binding on other states.
The Constitution And Preclusion/Res Judicata, Allan D. Vestal
The Constitution And Preclusion/Res Judicata, Allan D. Vestal
Michigan Law Review
The interrelation of lawsuits is one of the most troublesome, yet least commented upon, areas of the law. The ramifications are great; related lawsuits may be pending concurrently, either brought by the same individual-repetitive litigation--or brought by different parties-reactive litigation. Such lawsuits may occur serially over a period of time. The courts are then faced with problems which have traditionally been discussed in terms of res judicata, bar, merger, or estoppel. It is impossible to cover the whole area or even a sizable part of it in a single article, but it is feasible to examine one facet which certainly …
International Law-Sovereign Immunity-State Court Authority To Determine Title To Property Under Its Jurisdiction Despite A Department Of State Suggestion Of Immunity, John A. Krsul Jr., S.Ed.
International Law-Sovereign Immunity-State Court Authority To Determine Title To Property Under Its Jurisdiction Despite A Department Of State Suggestion Of Immunity, John A. Krsul Jr., S.Ed.
Michigan Law Review
In 1952 plaintiff brought a creditor's action for the appointment of a permanent receiver for the assets of the defendant located in New York. Defendant, Zivnostenska Banka, was a Czechoslovak corporation that had at one time been engaged in banking activities in New York. Plaintiff succeeded in having a receiver appointed upon proving that defendant had been nationalized, contrary to New York policy and law, by a 1950 decree of the Czechoslovak Government which had merged the defendant and its assets with the State Bank of Czechoslovakia. The instant controversy arose when the receiver attempted to set aside, as a …
Procedural Problems Of Class Suits, Joseph J. Simeone
Procedural Problems Of Class Suits, Joseph J. Simeone
Michigan Law Review
The purpose of this article is to discuss numerous aspects of the class device, to discuss the many procedural problems confronting court and counsel, to determine the effectiveness of one type of class suit-the spurious-and in the conclusion, to propose legislation for a new rule independent of the rules regarding class actions, a remedy which would more effectively permit the dispatch of numerous claims arising from similar fact patterns.
Federal Trade Commission-Adjudicatory Proceedings-Receipt Of Evidence In Camera, Peter W. Williamson
Federal Trade Commission-Adjudicatory Proceedings-Receipt Of Evidence In Camera, Peter W. Williamson
Michigan Law Review
During an adjudicatory hearing pursuant to a complaint filed by the Federal Trade Commission, counsel for the Commission offered as evidence some confidential documents subpoenaed from respondent. The hearing examiner, on his own motion, ordered all confidential documents placed in camera. Counsel for the FTC objected to the order and filed an interlocutory appeal to the Commission. On the interlocutory appeal, held, error in part. Because these documents do not contain highly secret business information they must appear on the public transcript, unless tendered to the Commission and obtained subject to an express stipulation that, if offered in …
Taxation-Federal Income Tax-Strike Insurance Agreements, Robert A. Butler S.Ed.
Taxation-Federal Income Tax-Strike Insurance Agreements, Robert A. Butler S.Ed.
Michigan Law Review
Contracts indemnifying persons or corporations for losses and damage resulting from an interruption of business due to strikes have existed at least since the beginning of this century. The Mutual Security Company of Connecticut, for example, wrote such a policy for the Buffalo Forge on April 9, 1906. In more recent times, strike insurance agreements have been instituted in major industries, and their impact on collective bargaining has been the subject of some controversy. The purpose of this comment is to consider the federal income tax questions which arise from such arrangements. Specifically, attention is directed to the deductibility of …
Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.
Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.
Michigan Law Review
A great deal of work and thought has been devoted to concurrent causation problems in the field of torts. Less attention has been paid to the insurance cases, and no serious effort has been made to formulate the separate rules applicable to them. It is the thesis of this article that concurrent causation problems which arise under an insurance contract must be handled somewhat differently from those which arise in connection with tort litigation, and that the tendency to borrow rules of law from the larger tort field and apply them to the smaller volume of insurance cases can only …
Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep
Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep
Michigan Law Review
The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …
The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon
The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon
Michigan Law Review
The complexity, scope and length of modem antitrust litigation bring to prominence the procedures by which evidence - particularly documentary evidence - is discovered and placed before the courts and administrative agencies. Fact-finding mechanisms now available for ferreting out and prosecuting violations make up an imposing array. These include the grand jury subpoena, the discovery provisions of the Federal Rules of Civil and Criminal Procedure and the subpoena and visitorial powers of certain administrative agencies. The "civil investigative demand," a precomplaint compulsory process, is a new weapon proposed to be added to this arsenal. Few dispute the desirability of new …
Federal Procedure - Venue - Application Of Special Venue Provision To Change Of Venue In Patent Infringement Action, Dean L. Berry S.Ed.
Federal Procedure - Venue - Application Of Special Venue Provision To Change Of Venue In Patent Infringement Action, Dean L. Berry S.Ed.
Michigan Law Review
Petitioner brought a patent infringement action in the northern district of Texas, wherein the alleged infringement occurred and the named defendants resided and had a regular place of business. On motion by the named defendants under 28 U.S.C. §1404(a), authorizing the transfer of certain actions to a district in which the action "might have been brought," the court ordered transfer to the northern district of Illinois where litigation on the same patent was already in progress between the plaintiff and other alleged infringers. Petitioner's motion for mandamus to require the Texas district court to set aside this transfer order was …
Federal Procedure - Jurisdiction - Statutory Change In Jurisdictional Amount And Corporate Citizenship, Philip Belleville
Federal Procedure - Jurisdiction - Statutory Change In Jurisdictional Amount And Corporate Citizenship, Philip Belleville
Michigan Law Review
A recent congressional amendment of federal district court jurisdictional requirements for both diversity of citizenship and federal question litigation has raised the required amount in controversy from $3,000 to $10,000. The trial court has also been given discretion either to deny costs or assess them against the plaintiff if he is finally adjudged entitled to recover less than $10,000, determined without regard to any set-off or counterclaim and exclusive of interest and costs. Further, for purposes of diversity jurisdiction and removal, a corporation is now deemed a citizen "of any State by which it has been incorporated and of the …
Patents - Licensing - Legality Of Grant-Back Clauses, Eric E. Bergsten S.Ed.
Patents - Licensing - Legality Of Grant-Back Clauses, Eric E. Bergsten S.Ed.
Michigan Law Review
There is no authoritative definition of the term "patent grant-back." It has been defined as a clause in a patent license which provides "for license or assignment to the licensor of any improvement patented by the licensee in the products or processes of the licensed patent." In litigated cases grant-back clauses usually appear either in basic patent licenses or in licenses of the products or processes of an industry which the licensor dominates through control of a multitude of overlapping patents.
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Michigan Law Review
Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …
Morgan: Some Problems Of Proof Under The Anglo-American System Of Litigation, Roy R. Ray
Morgan: Some Problems Of Proof Under The Anglo-American System Of Litigation, Roy R. Ray
Michigan Law Review
A Review of Some Problems of Proof Under the Anglo-American System of Litigation. By Edmund Morris Morgan.
Corporations - Shareholders - Majority Liability For Improper Stock Redemption By Corporation And For Misrepresentations In Private Stock Purchases From Minority Holders, James M. Tobin
Michigan Law Review
In 1942 a seemingly innocuous suit was brought against the Axton-Fisher Tobacco Corporation to determine the propriety of the alteration of a stock redemption. In 1955 Judge Leahy of the Federal District Court for Delaware handed down an opinion on the damages and relief to be given in the case in what he hopefully termed was the final phase of this famous litigation. It is the purpose of this comment to appraise the basis of the recovery allowed by Judge Leahy. Two readily distinguishable problems will be treated: (1) the nature of relief from a stock redemption called by fiduciaries …