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Litigation Commons™

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2011

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Articles 91 - 120 of 157

Full-Text Articles in Litigation

Civil Procedure - Supreme Court's Vaden Decision Regarding Federal Question Jurisdiction Does Not Apply To Diversity Jurisdiction - Northport Health Services Of Arkansas, Llc V. Rutherford, 605 F.3d 483 (8th Cir. 2010), Joseph D. Picozzi Jan 2011

Civil Procedure - Supreme Court's Vaden Decision Regarding Federal Question Jurisdiction Does Not Apply To Diversity Jurisdiction - Northport Health Services Of Arkansas, Llc V. Rutherford, 605 F.3d 483 (8th Cir. 2010), Joseph D. Picozzi

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Determining Self-Employment Income For Child Support Purposes: The Massachusetts View Compared With The National View, Jason V. Owens Jan 2011

Determining Self-Employment Income For Child Support Purposes: The Massachusetts View Compared With The National View, Jason V. Owens

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Constitutional Law - Permitting Blanket Strip-Search Policies For All Arrestees Entering General Jail Population - Florence V. Board Of Chosen Freeholders Of Burlington County, 621 F.3d 296 (3d Cir. 2010), Michael Beler Jan 2011

Constitutional Law - Permitting Blanket Strip-Search Policies For All Arrestees Entering General Jail Population - Florence V. Board Of Chosen Freeholders Of Burlington County, 621 F.3d 296 (3d Cir. 2010), Michael Beler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Tort Damages - Medical Provider's Charges And Range Of Payments Accepted For Services Rendered Is Admissible Under Section 79g - Law V. Griffith, 930 N.E.2d 126(Mass. 2010), Matthew Blum Jan 2011

Tort Damages - Medical Provider's Charges And Range Of Payments Accepted For Services Rendered Is Admissible Under Section 79g - Law V. Griffith, 930 N.E.2d 126(Mass. 2010), Matthew Blum

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Freedom Of Information Act Trial, 61 Am. U. L. Rev. 217 (2011), Margaret B. Kwoka Jan 2011

The Freedom Of Information Act Trial, 61 Am. U. L. Rev. 217 (2011), Margaret B. Kwoka

UIC Law Open Access Faculty Scholarship

This Article examines the paucity of Freedom of Information Act (FOIA) cases that go to trial and courts' preference for resolving these disputes at the summary judgment stage. Using traditional legal analysis and empirical evidence, this Article explores whether we should expect FOIA cases to go to trial and how the scarcity of FOIA trials compares to the trial rate in civil litigation generally. It concludes that the unusual use of summary judgment in FOIA cases has unjustifiably all but eliminated FOIA trials, which occur in less than 1 % of FOIA cases. It further examines how conducting FOIA trials …


The Price Of Pay To Play In Securities Class Actions, Adam C. Pritchard, Stephen J. Choi, Drew T. Johnson-Skinner Jan 2011

The Price Of Pay To Play In Securities Class Actions, Adam C. Pritchard, Stephen J. Choi, Drew T. Johnson-Skinner

Articles

We study the effect of campaign contributions to lead plaintiffs—“pay to play”—on the level of attorney fees in securities class actions. We find that state pension funds generally pay lower attorney fees when they serve as lead plaintiffs in securities class actions than do individual investors serving in that capacity, and larger funds negotiate for lower fees. This differential disappears, however, when we control for campaign contributions made to offcials with infuence over state pension funds. This effect is most pronounced when we focus on state pension funds that receive the largest campaign contributions and that associate repeatedly as lead …


Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel', John M. Lande Jan 2011

Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel', John M. Lande

Faculty Publications

Lawyers’ relationships with their “opposing counsel” make a big difference in how well they handle their cases. “Opposing counsel” often do oppose each other, sometimes quite vigorously, though they also regularly cooperate with each other. In the normal course of litigation, lawyers need to cooperate on many procedural matters. In some cases, they also cooperate to achieve their respective clients’ substantive interests. If the lawyers have a bad relationship, the case is likely to be miserable for everyone involved. If they have a good relationship, they are more likely to agree on procedural matters, exchange information informally, take reasonable negotiation …


Plausible Answers And Affirmative Defenses, Eric S. Janus, Thomas Tinkham Jan 2011

Plausible Answers And Affirmative Defenses, Eric S. Janus, Thomas Tinkham

Faculty Scholarship

Our federal courts have introduced a degree of uncertainty in the law of pleading that ought to be resolved with a clear decision about the scope of Twombly and Iqbal. We write to set forth what we believe are the overwhelming arguments in support of the developing majority view: pleading standards should not distinguish between plaintiffs and defendants, or between pleadings asserting and pleadings defending against a claim. Proponents of the minority view make policy arguments grounded in the asserted realities of litigation, leveraging small textual differences between Federal Rule of Civil Procedure Rule 8(a) and 8(c). But the …


Regulating The Science Of Forensic Evidence: A Broken System Requires A New Federal Agency, Jessica D. Gabel, Ashley D. Champion Jan 2011

Regulating The Science Of Forensic Evidence: A Broken System Requires A New Federal Agency, Jessica D. Gabel, Ashley D. Champion

Faculty Publications By Year

Professor Gabel and Ms. Champion agree with Mr. Goldstein's argument that serious validity and reliability problems plague forensic science, but, using the recent Troy Davis case in Georgia as an illustration, they argue for federal rather than state oversight. Gabel and Champion assert that many states lack the funding to construct an adequate system and that the fragmentation caused by different state systems would be a significant impediment to reform. They suggest a federal agency that, like the Environmental Protection Agency, would set minimum standards but allow states to experiment with enhanced regulation.


Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey Jan 2011

Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey

Faculty Publications By Year

The temporary insanity defense has a prominent place in the mythology of criminal law. Because it seems to permit factually guilty defendants to escape both punishment and institutionalization, some imagine it as the “perfect defense.” In fact, the defense has been invoked in a dizzying variety of contexts and, at times, has proven highly successful. Successful or not, the temporary insanity defense has always been accompanied by a storm of controversy, in part because it is often most successful in cases where the defendant’s basic claim is that honor, revenge, or tragic circumstance – not mental illness in its more …


Section 1983 Wrongful Death And Survival Actions In The Seventh Circuit: An Indiana Litigant's Guide To Claims After Russ V. Watts, Michelle R. Gough Jan 2011

Section 1983 Wrongful Death And Survival Actions In The Seventh Circuit: An Indiana Litigant's Guide To Claims After Russ V. Watts, Michelle R. Gough

Indiana Law Journal

The availability of survival and wrongful death damages in 42 U.S.C. § 1983 cases is an area that involves both changing precedent and unaddressed issues within the Seventh Circuit. In both of the aforementioned types of claims, the cases will necessarily involve the tangled application of both state and federal law, and the Seventh Circuit and other federal courts of appeals have struggled to provide a clear, coherent approach to these issues. Indeed, there is strong disagreement among the circuits. Dean Steven H. Steinglass offered the most comprehensive discussion of the nature of both types of claims under § 1983 …


Ask And What Shall Ye Receive? A Guide For Using And Interpreting What Jurors Tell Us, Barbara O'Brien, Samuel R. Sommers, Phoebe C. Ellsworth Jan 2011

Ask And What Shall Ye Receive? A Guide For Using And Interpreting What Jurors Tell Us, Barbara O'Brien, Samuel R. Sommers, Phoebe C. Ellsworth

Articles

We review the extensive body of studies relying on jurors' self-reports in interviews or questionnaires, with a focus on potential threats to validity for researchers seeking to answer particularly provocative questions such as the influence of race in jury decision-making. We then offer a more focused case study comparison of interview and questionnaire data with behavioral data in the domain of race and juror decision-making. Our review suggests that the utility of data obtained from juror interviews and questionnaire responses varies considerably depending on the question under investigation. We close with an evaluation of the types of empirical questions most …


The Price Of Access To The Civil Courts In Australia: Old Problems And New Solutions - A Commercial Litigation Funding Case Study, Camille Cameron Jan 2011

The Price Of Access To The Civil Courts In Australia: Old Problems And New Solutions - A Commercial Litigation Funding Case Study, Camille Cameron

Articles, Book Chapters, & Popular Press

In the past decade litigation funding companies have assumed an increasingly prominent role in commercial litigation and class actions in Australia. The growth of commercial litigation funding is a predictable response to various features of Australia’s costs and fee allocation rules and practices, including the “loser pays” rule, the prohibition on lawyer’s charging contingency fees, the hourly billing practices of lawyers, and the open-ended and unpredictable nature of much civil litigation. This chapter explores the growth of commercial litigation funding in Australia and uses it as a window through which to view how Australia’s costs and fee allocation rules operate …


Defining Civil Disputes: Lessons From Two Jurisdictions, Camille Cameron, Elizabeth Thornburg Jan 2011

Defining Civil Disputes: Lessons From Two Jurisdictions, Camille Cameron, Elizabeth Thornburg

Articles, Book Chapters, & Popular Press

Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …


No Harm, No Foul? Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran Jan 2011

No Harm, No Foul? Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran

Articles

The application of a harmless error standard by appellate courts reviewing erroneous denials of counsel in child protective cases undermines a critical procedural right that safeguards the interests of parents and children. Case law reveals that trial courts, on numerous occasions, improperly reject valid requests for counsel, forcing parents to navigate the child welfare system without an advocate. Appellate courts excuse these violations by speculating that the denials caused no significant harm to the parents, which is a conclusion that a court can never reach with any certainty. The only appropriate remedy for this significant problem is a bright-line rule …


A New Role For Secondary Proceedings In International Bankruptcies, John A. E. Pottow Jan 2011

A New Role For Secondary Proceedings In International Bankruptcies, John A. E. Pottow

Articles

Secondary proceedings-the ugly stepsisters to main proceedings-get short shrift in international bankruptcy scholarship. This article seeks to remedy that deficiency. First, it describes what it argues are the traditional conceptions-both stated and implicit-of secondary proceedings in international bankruptcies. Second, it offers a revised way of thinking about secondary proceedings, proposing to restrict their scope through the use of "synthetic" hearings. Third, it addresses some problems with the proposed new role of secondary proceedings and sketches a possible solution involving the creation of an international priorities registry.


State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries Jan 2011

State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries

Law Faculty Scholarly Articles

This Article begins by reviewing Wesley Newcomb Hohfeld's “fundamental conceptions” and expanding his theory to the arena of state constitutional rights, building on recent work by other scholars. From this foundation, it moves to a discussion of the sources of rights to education. The Article then examines the text of relevant state constitutional provisions, as well as the ever-changing landscape of school finance litigation, the principal vehicle through which litigants assert constitutional claims based on ostensible education rights. Next, it systematically analyzes the population of reported cases from the highest state courts to identify Hohfeldian conceptions of education rights held …


Checks, Balances And Judicial Wizardry: Constitutional Delegation And Congressional Legislation, Robert I. Reis Jan 2011

Checks, Balances And Judicial Wizardry: Constitutional Delegation And Congressional Legislation, Robert I. Reis

Journal Articles

No abstract provided.


Table Of Contents, Jtaa Editors Jan 2011

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Editor's Note, Matthew E. Christoph Jan 2011

Editor's Note, Matthew E. Christoph

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Limits Of Extraordinary Power: A Survey Of First-Degree Murder Appeals Under Massachusetts General Laws Chapter 278, Section 33e, Stephanie Hartung Roberts Jan 2011

The Limits Of Extraordinary Power: A Survey Of First-Degree Murder Appeals Under Massachusetts General Laws Chapter 278, Section 33e, Stephanie Hartung Roberts

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Lights, Camera, Mistrial: Conflicting Federal Court Local Rules And Conflicting Theories On The Aggregate Effect Of Cameras On Courtroom Proceddings, Jacob Marvelley Jan 2011

Lights, Camera, Mistrial: Conflicting Federal Court Local Rules And Conflicting Theories On The Aggregate Effect Of Cameras On Courtroom Proceddings, Jacob Marvelley

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Rethinking The Additur Question In Federal Courts, Joseph R. Posner Jan 2011

Rethinking The Additur Question In Federal Courts, Joseph R. Posner

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Arbitration - United States Supreme Court Sounds The Death Knell For Class Arbitration - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., 130 S. Ct. 1758 (2010), Keerthi Sugumaran Jan 2011

Arbitration - United States Supreme Court Sounds The Death Knell For Class Arbitration - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., 130 S. Ct. 1758 (2010), Keerthi Sugumaran

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Leading By Example: Why The First Circuit Should Adopt A Medical Peer-Review Privilege, Jared M. Levin Jan 2011

Leading By Example: Why The First Circuit Should Adopt A Medical Peer-Review Privilege, Jared M. Levin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Testimonial Nature Of Multidisciplinary Team Interviews In Massachusetts: Applying Crawford To The Child Declarant, Laura E. Ruzzo Jan 2011

The Testimonial Nature Of Multidisciplinary Team Interviews In Massachusetts: Applying Crawford To The Child Declarant, Laura E. Ruzzo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Naked Truth: An In-Depth Look Into The Question Of Hearsay Admissibility At Probation Violation Hearings In Massachusetts, The Application Of Rule 6, And What It All Means For The Future Of The Massachusetts Probation System, Ashley Wirth Jan 2011

The Naked Truth: An In-Depth Look Into The Question Of Hearsay Admissibility At Probation Violation Hearings In Massachusetts, The Application Of Rule 6, And What It All Means For The Future Of The Massachusetts Probation System, Ashley Wirth

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Civil Procedure - Intra-Military Immunity Doctrine Applies To Dual Status Technicians - Zuress V. Donley, 606 F.3d 1249 (9th Cir. 2010), J. T. Baker Jan 2011

Civil Procedure - Intra-Military Immunity Doctrine Applies To Dual Status Technicians - Zuress V. Donley, 606 F.3d 1249 (9th Cir. 2010), J. T. Baker

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Civil Procedure - Supplemental Jurisdiction And The Expansion Of The Independent Basis For Subject Matter Jurisdiction Requirement - Global Naps, Inc. V. Verizon New England, Inc., 603 F.3d 71 (1st Cir. 2010), Randall Gleason Jan 2011

Civil Procedure - Supplemental Jurisdiction And The Expansion Of The Independent Basis For Subject Matter Jurisdiction Requirement - Global Naps, Inc. V. Verizon New England, Inc., 603 F.3d 71 (1st Cir. 2010), Randall Gleason

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


D Is For Digitize: An Introduction, James Grimmelmann Jan 2011

D Is For Digitize: An Introduction, James Grimmelmann

NYLS Law Review

No abstract provided.