Litigation Commons^™

Civil Procedure And Economic Inequality, Maureen Carroll

Articles

How well do procedural doctrines attend to present-day economic inequality? This Essay examines that question through the lens of three doctrinal areas: the “irreparable harm” prong of the preliminary injunction standard, the requirement that discovery must be proportional to the needs of the case, and the due process rights of class members in actions for injunctive relief. It concludes that in each of those areas, courts and commentators could do more to take economic inequality into account.

What Litigators Can Learn From B Movies, Leonard M. Niehoff

Articles

We litigators take our guidance when and where we can find it. Sometimes we stumble across it very late at night, on television. Weary, intellectually spent, and pining for entertainment that makes no demands on us, in "the wee small hours of the morning" we find ourselves watching a so-called B movie - a film that had a low production budget or that manages to be bad despite an ample one. And, lo, enlightenment ensues through this unlikeliest of messengers. Submitted for your consideration are some gems from half a dozen movies that most sensible people won't admit watching but …

Dispute Resolution In Pandemic Circumstances, George A. Bermann

Faculty Scholarship

The peaceful resolution of disputes is among the most important earmarks of a regime attached to the rule of law. Even in countries in which, for one reason or another, courts do not work especially well, civil peace is of paramount importance. The absence of effective institutions for the administration of justice between and among private parties would spell a high degree of social disorder.

Even in the absence of a crisis such as we are experiencing, justice systems face a number of challenges in this day and age. Does a jurisdiction have a sufficient number of persons qualified to …

The Future Of Opioid Litigation, Richard C. Ausness

Law Faculty Popular Media

The use of opioids to treat a variety of common medical conditions began in the late 1990s. Unfortunately, opioid abuse has become a serious problem in many areas of the country. Beginning around 2000, individual opioid users began to bring personal injury lawsuits against pharmaceutical companies. State and local governments also sued during this period, but they usually settled for modest amounts. At this point no one knows how the current opioid litigation will end.

The Final Frontier: Are Class Action Waivers In Broker-Dealer Employment Agreements Enforceable?, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

How would a court resolve a broker-dealer's action to enforce its class action waiver, which would require the court to disregard FINRA Rule 13204? The Supreme Court has identified one exception to the FAA's mandate: if a “contrary congressional command” displaces the FAA. Thus far, the Court has not had occasion to examine whether a class action waiver in a broker-dealer's employment agreement with an employee is enforceable under this exception. While the Court seems very supportive of these waivers, the securities industry is different. Securities arbitration is heavily regulated, and pronouncements by the SEC--when exercising power expressly delegated to …

Feminist Equality Rights Litigation: Evolution Of The Canadian Legal Landscape, Fay Faraday

Commissioned Reports, Studies and Public Policy Documents

This publication was created as part of LEAF’s Feminist Strategic Litigation (FSL) Project. The FSL Project examines the use and impact of feminist strategic litigation to help LEAF, feminists, and gender equality advocates more effectively combat systemic discrimination and oppression.

Recognizing that the legal fight for equality remains a work in progress, this report examines how the landscape of Canadian equality rights litigation has evolved since 1985. It looks both at how the legal meaning of equality has evolved and how feminists have developed distinct ways of working to advance equality. The report examines:

(i) strengths and successes of …

Litigating Welfare Rights: Medicaid, Snap, And The Legacy Of The New Property, Andrew Hammond

UF Law Faculty Publications

In 2017, the Republican-controlled Congress was poised to make deep cuts to the nation’s two-largest anti-poverty programs: Medicaid and the Supplemental Nutrition Assistance Program (SNAP), commonly known as “food stamps.” Yet, despite having a unified, GOP-led federal government for the first time in over a decade, those efforts failed. Meanwhile, the Trump Administration and its allies in state government continue to pursue different strategies to roll back entitlements to medical and food assistance. As public interest lawyers challenge these agency actions in federal court , roughly five million Americans’ health insurance and food assistance hang in the balance. This Article …

The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

Trial Practice And Procedure, Brandon L. Peak, Joseph M. Colwell, Christopher B. Mcdaniel, Rory A. Weeks, Ramsey B. Prather, Michael F. Williford

Mercer Law Review

This Article addresses several significant opinions and legislation of interest to the Georgia civil trial practitioner issued during the survey period of this publication.

• Appeals
• Apportionment
• Attorney's Fees
• Damages
• Discovery, Evidence, and Sanctions
• Dismissal and Renewal
• Jurisdiction and Venue
• Jury Instructions
• Offers of Judgment
• Statutes of Limitations

Covid-19 Business Interruption Insurance Losses: The Cases For And Against Coverage, Christopher French

Faculty Scholarship

The financial consequences of the government-ordered shutdowns of businesses across America to mitigate the COVID-19 health crisis are enormous. Estimates indicate that small businesses have lost $255 to $431 billion per month and more than 44 million workers have been laid off. When businesses have requested reimbursement of their business interruption losses from their insurers under business interruption policies, their insurers have denied the claims. The insurance industry also has announced that business interruption policies do not cover pandemic losses, so they intend to fight COVID-19 claims “tooth and nail.” More than 450 lawsuits throughout the country already have been …

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

International Law - Extrajudicial Killings: Acts Of Terrorism Or Acts Of Elaborate Cover-Ups: Sullivan V. Republic Of Cuba, 891 F.3d 6 (1st Cir. 2018), Stephanie M. Sader

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Proof At The Salem Witch Trials, Leonard M. Niehoff

Articles

As of the writing of this article, President Donald Trump's tweets have included roughly 400 references to "witch hunts." In a sense, this is unsurprising. The Salem witch trials have a special place in our national identity and vocabulary. Most Americans understand the reference, even if they know few of the historical details. And the phrase "witch hunt" serves as a useful shorthand for any frenzied chase after something that does not exist. The Salem trials also inspire a peculiar fascination: Perhaps no other site of deadly mass hysteria has become a major tourist destination.

Still, most practicing litigators probably …

Global Investor Protection: Securities Law Enforcement Around The World, Matthew Diller, Martin Gelter, Eugenio J. Cardenas, Merritt B. Fox, Geoffrey Jarvis, Pierre-Henri Conac, Todd Cosenza, Jill Fisch, Yuliya Guseva, Elad Roisman, Sean Griffith

Fordham Journal of Corporate & Financial Law

No abstract provided.

Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux

Publications

No abstract provided.

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Editor's Note, Nick Mclaughlin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Not Tested On Animals: The Future Of Cosmetic Animal Testing In The U.S. And Beyond, Jane K. Innis

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Massachusetts Noncompetition Agreement Act: A Rose Of A Different Color, Helen Yuxuan Huang

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

More Tariffs, More Protection[Ism], Jessica A. Mehaylo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Use And Abuse Of Dogs In The Witness Box, John J. Ensminger, Sherri Minhinnick, James Lawrence Thomas, Itiel E. Dror

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Eighty-Six The Sixth Amendment: The Sixth Amendment Right To Counsel Applies To Pre-Indictment Plea Negotiations Too - Turner V. United States, 885 F.3d 949 (6th Cir. 2018)(En Banc), Sierra Lovely

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - America's Drone War Abroad - Jaber V. United States, 861 F.3d 241 (D.C. Cir. 2017), Stephen R. Harris

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Advocating Altering Advocacy Academics: A Proposal To Change The Pedagogical Approach To Legal Advocacy, C. J. Williams

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Raising The Bar: New Wave Of Climate Tort Litigation Blocks State And Local Governments Seeking Relief From Effects Of Climate Change In Federal Court, Thomas Stirrat

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Equal - But Not For Everyone - Protection? Disparate Transgender Rights In Prisons Across The U.S. And The Subsequent Effect On Mental Health, Cairin M. Fay

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

New Function For An Injunction: Department Of Justice Utilizes Temporary Restraining Order To Stop Excessive Prescribing And Selling Of Opioids - Will Massachusetts Follow Suit?, Shauni Tyler Lynch

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Don't Shoot The Messenger: The First Circuit Upholds Massachusetts Assault Weapons Ban - Worman V. Healey, 922 F.3d 26 (1st Cir. 2019), Meaghan R. Callahan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.