Litigation Commons^™

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell

Mercer Law Review

The most notable and far-reaching judicial activity during this survey period dealt with the summary judgment standard applied in tort cases. Other noteworthy developments occurred in the areas of venue, renewal of actions, collateral estoppel, and bifurcation of trials in cases involving punitive damages. Only minimal legislation was enacted in the area of trial practice and procedure during the survey period. This Article focuses on the most notable decisions rendered by the judiciary and the most significant legislation touching upon trial practice and procedure in Georgia state courts.

Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend

American University Law Review

No abstract provided.

Evidence—Scientific Evidence: Standard Of Review Raises Questions Of Fit. General Electric Co. V. Joiner, 118 S. Ct. 512 (1997)., Russell D. Marlin

University of Arkansas at Little Rock Law Review

No abstract provided.

Appellate Practice And Procedure, William M. Droze

Mercer Law Review

An appellate court is often characterized by the opinions that it writes. Though an appellate opinion represents a written expression and extension of the judicial personality, it is necessarily dictated in part by the facts of the case. As a result, a court's application of appellate procedure may serve as a better crucible for assembling a judicial portrait and undertaking to study trends and direction. This Article examines recent appellate cases with a view towards understanding appellate direction as well as assisting the practitioner with an overview of appellate procedure in action. The Eleventh Circuit's emphasis on professionalism and on …

Smith V. State: The Georgia Supreme Court Mandated Jury Instructions In Battered Person Syndrome Cases, Sherry M. Hall

Mercer Law Review

After a recent Georgia Supreme Court ruling, battered person syndrome is entitled to separate jury charges when the defendant properly establishes the battered person syndrome self-defense claim.

Trial Practice And Procedure, Philip W. Savrin, Robyn L. Oliver

Mercer Law Review

This Article surveys the 1997 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.

Cigarette Law, Daniel Givelber

Indiana Law Journal

No abstract provided.

Torts—Dramshop Liability In Arkansas—Illegal Sales Of Liquor To Minors May Expose Alcohol Vendors To Expensive Liability. Shannon V. Wilson, 329 Ark. 143, 947 S.W.2d 349 (1997)., Dustin Blake Mcdaniel

University of Arkansas at Little Rock Law Review

No abstract provided.

Federal Practice, Richard Mills

Mercer Law Review

The formula for success in trial practice is simple: Be prepared, be decent, and be on time.

There are ninety-four district courts in the United States. Twenty-four states have two or more districts; for example, Illinois and Georgia have three. Twenty-six states, plus the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands, are single districts. And in all of those ninety-four districts over the last thirty years, the civil cases have tripled! In my district we have quadrupled our caseload in that same time frame. In the last five years alone, we have had …

An Essay On Uncertainty And Fact-Finding In Civil Litigation, With Special Reference To Contract Cases, Alex Stein

Faculty Scholarship

No abstract provided.

Financing Of Litigation By Third-Party Investors: A Share Of Justice?, Poonam Puri

Osgoode Hall Law Journal

This article addresses the issue of the funding of civil litigation within the framework of access to justice and the normative goal of increasing access to the civil justice system. The author critically analyzes and cautiously advances the case for the recent development of the financing of litigation by third-party investors. The argument is that investor financing has the potential to increase access to the civil justice system by ameliorating the economic barriers to litigation. The author evaluates investor financing against existing public and private models of financing litigation such as legal aid plans, litigation subsidy funds, and contingent fee …

Appellate Procedure, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Agenda: Outdoor Recreation: Promise And Peril In The New West, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Bureau Of Land Management

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

Co-sponsored by the Natural Resources Law Center and the Colorado Bureau of Land Management.

The conference will explore several components of the “promise and peril” of the ongoing outdoor recreation explosion. The conference will begin on the morning of June 8 with a series of introductory presentations designed to place the outdoor recreation movement in a useful historical and socioeconomic context. This material will be followed in the afternoon session by a discussion of environmental impacts of outdoor recreation, recognizing that the diversity and magnitude of impacts is as broad as the industry itself. This discussion will be followed on …

Legal Issues In Outdoor Recreation: Trends In Litigation, Ted Zukoski

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

17 pages.

Probate From The Ground Up, Oregon Law Institute, Shirley A. Bass, Stephen E. Kantor, Ron D. Bailey, Dean T. Sandow, Mark M. Williams, James R. Cartwright, Carolyn W. Miller, Richard A. Pagnano

Oregon Law Institute, 1998

Course Materials from the May 15, 1998 Program in Portland

Amchem Products, Inc. V. Windsor: The Supreme Court Defines The Standard For Settlement Class Action Certification, Jimmy White

Mercer Law Review

In Amchem Products, Inc. v. Windsor, a case stemming from the asbestos litigation crisis of the 1970s and 1980s, the United States Supreme Court addressed the certification criteria for settlement-only class actions under rule 23 of the Federal Rules of Civil Procedure ("Rule 23").

Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins

Oregon Law Institute, 1998

Course Materials from the April 10, 1998 Program in Portland

Failing Faith In Litigation? A Survey Of Business Lawyers' And Executives' Opinions, John M. Lande

Faculty Publications

To provide a more systematic assessment of contemporary faith in litigation, this article looks at a particular context-- business litigation--and analyzes the opinions of three groups of respondents: lawyers in private law firms who do commercial litigation (“outside counsel”), lawyers employed in business firms who do some litigation (“inside counsel”), and nonlawyer executives in business firms (“executives”). These groups have the greatest exposure to litigation in the corporate setting; furthermore, because they play powerful roles in our political, economic, and social life as well as the legal system, their opinions influence public opinion more generally.

Drainage Law And Liabilities, Oregon Law Institute, Timothy J. Sercombe, Richard M. Botteri, Christina M. Steensgaard, James R. Herald, Marnie Allen, Harvey W. Rogers

Oregon Law Institute, 1998

Course Materials from the March 13, 1998 Program in Portland

Do Case Outcomes Really Reveal Anything About The Legal System? Win Rates And Removal Jurisdiction, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

General Observations on Interpreting Win-Rate Data Properly. Many empirical legal studies use data on plaintiffs' rate of success, because of those data's ready availability and apparent import. Yet these "win rates" are probably the slipperiest of all judicial data. Win rates are inherently ambiguous because of the case-selection effect. The litigants' selection of the cases brought produces a biased sample from the mass of underlying disputes. The settlement process, usually conducted by rational and knowledgeable persons who take into account and thereby neutralize the very factor that one would like to study, produces a residue of litigated cases for which …

Failing To Score: Clinton V. Jones And Claims Of Presidential Immunity, Jennifer Motos

Mercer Law Review

In Clinton v. Jones, the United States Supreme Court held that the Constitution does not afford the President temporary immunity from civil damages litigation arising out of events that occurred prior to his taking office absent the most unusual circumstances.

Plain Meaning, Practical Reason, And Cuplability: Toward A Theory Of Jury Interpretation Of Criminal Statutes, Darryl K. Brown

Michigan Law Review

In one of the few existing recordings of American juries deliberating in an actual criminal case, Wisconsin v. Reed, we observe jurors struggling with how they should apply a statute in a case in which the facts are not in real dispute. The defendant is charged with felon in possession of a gun, and all agree that he has a felony record and owned a pistol until he turned it over to the police upon their request. The statute contains three elements. The defendant must (a) have a felony conviction, (b) have possessed a gun, and (c) have known that …

Interjurisdictional Preclusion, Howard M. Erichson

Michigan Law Review

Res judicata is hard enough already. Consider it at the interjurisdictional level, and we are asking for headaches. But consider it at that level we must, because litigation trends make interjurisdictional preclusion more important than ever. Lawyers, judges, litigants, and other litigation participants increasingly must contemplate the possibility that a lawsuit will have claim-preclusive or issue-preclusive effect in a subsequent suit in another jurisdiction. With great frequency, multiple lawsuits arise out of single or related transactions or events. Mass tort litigation and complex commercial litigation provide the most emphatic examples, but the phenomenon of multiple related lawsuits extends to every …

The Protection Of International Investment At The Start Of The Twenty-First Century: Will Anachronistic Notions Of Business Render Irrelevant The Oecd's Multilateral Agreement On Investment, 31 J. Marshall L. Rev. 1201 (1998), Michael P. Avramovich

UIC Law Review

No abstract provided.

Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger

Faculty Scholarship

No abstract provided.

The Execution Under Oath Of U.S. Litigation Documents: Must Signatures Be Authenticated, 31 J. Marshall L. Rev. 927 (1998), Thomas W. Tobin

UIC Law Review

No abstract provided.

Fidelity To Original Preferences: An Application Of Consumer Choice Theory To The Problems Of Legal Interpretation, 31 J. Marshall L. Rev. 1111 (1998), Ahmed M. Saeed

UIC Law Review

No abstract provided.

Dollywood Is Not Just A Theme Park In Tennessee Anymore: Unwarranted Prohibitory Human Cloning Legislation And Policy Guidelines For A Regulatory Approach To Cloning, 31 J. Marshall L. Rev. 1385 (1998), Paul Tully

UIC Law Review

No abstract provided.

Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan

UIC Law Review

No abstract provided.

Symposium, The Florida Tobacco Litigation -- Fact, Law, Policy, And Significance, Jeffrey W. Stempel

Scholarly Works

This is the transcript of the Florida tobacco litigation symposium, discussing the s$11.3 billion settlement concerning tobacco in the state of Florida. Jeffrey W. Stempel served as co-chair and moderator of the symposium.