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Articles 2371 - 2400 of 6932

Full-Text Articles in Litigation

Employment Discrimination Class Actions After Wal-Mart V. Dukes, Michael Selmi, Sylvia Tsakos Oct 2015

Employment Discrimination Class Actions After Wal-Mart V. Dukes, Michael Selmi, Sylvia Tsakos

Akron Law Review

This Article explores the ramifications of Wal-Mart approximately five years after the case was decided. While five years hardly provides definitive data on how the case will be interpreted, it is possible to identify trends in the cases that have been decided to date—trends that are likely to provide insight into the future of class action claims. That future suggests that there will be fewer, and perhaps no, nationwide class actions in cases that do not involve a clear challenged practice (any such cases are likely to be disparate impact cases) and that the prospect for class certification will turn …

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The Class Abides: Class Actions And The "Roberts Court", Elizabeth J. Cabraser Oct 2015

The Class Abides: Class Actions And The "Roberts Court", Elizabeth J. Cabraser

Akron Law Review

This Article does not delve deeply into the substantive issues of Wal-Mart, Concepcion, or Italian Colors...My focus is on how Rule 23 has fared, structurally and practically, in the aftermath of the “common answer” formulation of Wal-Mart; three other decisions of the Roberts Court, Dukes, Amgen, and Comcast; and three cases that the Roberts Court did not ultimately take in the wake of Amgen and Comcast: its denials of review in Whirlpool, Butler, and Deepwater. Also discussed is the newly intense debate on the use of cy pres, catalyzed by Chief Justice Roberts’ extraordinary “Statement” accompanying the denial of certiorari …

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Front-Loading, Avoidance, And Other Features Of The Recent Supreme Court Class Action Jurisprudence, Richard D. Freer Oct 2015

Front-Loading, Avoidance, And Other Features Of The Recent Supreme Court Class Action Jurisprudence, Richard D. Freer

Akron Law Review

This Article discusses each of the thirteen Supreme Court decisions with the goal of drawing at least tentative conclusions for their impact on federal class practice. The thirteen decisions may be placed into five groups. Only three of the cases directly involve the general interpretation and application of Rule 23, while the other ten fall into four particular substantive areas. Reflecting these divisions, this Article proceeds in five parts. Part I discusses the three cases directly interpreting Rule 23. Part II addresses the three decisions involving securities classes brought under Rule 10b-5. Part III discusses the three decisions involving the …

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Back To Class: Lessons From The Roberts Court Class Action Jurisprudence, Bernadette Bollas Genetin Oct 2015

Back To Class: Lessons From The Roberts Court Class Action Jurisprudence, Bernadette Bollas Genetin

Akron Law Review

This symposium issue on The Class Action After a Decade of Roberts Court Decisions provides perspectives on how the class action has fared under persistent Supreme Court scrutiny. Over the past ten years, the Roberts Court has repeatedly returned to questions concerning class action litigation...This ten-year retrospective on the Roberts Court’s class action decisions provides a timely opportunity to reflect on the Supreme Court’s institutional role in construing the Federal Rules and in creating class action policy through decisions construing Rule 23...The contributors to this symposium focus on the Roberts Court class action decisions as a whole; the Roberts Court’s …

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Ordering Proof: Beyond Adversarial And Inquisitorial Trial Structures, Emily Spottswood Oct 2015

Ordering Proof: Beyond Adversarial And Inquisitorial Trial Structures, Emily Spottswood

Scholarly Publications

In typical trials, judges and juries will find it easier to remember the proof that occurs early in the process over than what comes later. Moreover, once a fact-finder starts to form a working hypothesis to explain the facts of the case, they will be biased towards interpreting new facts in a way that confirms that theory. These two psychological mechanisms will often combine to create a strong “primacy effect,” in which the party who goes first gains a subtle, but significant, advantage over the opposing party. In this article, I propose a new method of ordering proof, designed to …

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Stay Awhile: The Evolving Law Of District Court Stays In Light Of Inter Partes Review, Post-Grant Review, And Covered Business Method Post-Grant Review, Jonathan Stroud, Linda Thayer, Jeffrey C. Totten Oct 2015

Stay Awhile: The Evolving Law Of District Court Stays In Light Of Inter Partes Review, Post-Grant Review, And Covered Business Method Post-Grant Review, Jonathan Stroud, Linda Thayer, Jeffrey C. Totten

Buffalo Intellectual Property Law Journal

No abstract provided.

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Amending Rather Than Cancelling Claims In Inter Partes Reviews, Stacy Lewis, Tom Irving Oct 2015

Amending Rather Than Cancelling Claims In Inter Partes Reviews, Stacy Lewis, Tom Irving

Buffalo Intellectual Property Law Journal

No abstract provided.

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Navigating The Limitations On Discovery In Aia Post-Grant Proceedings, Mary R. Henninger, Jill K. Macalpine, Amelia Feulner Baur, Anthony A. Hartmann, Lara C. Kelley, Rebecca M. Mcneill, P. Andrew Riley, Michael A. Stramiello Oct 2015

Navigating The Limitations On Discovery In Aia Post-Grant Proceedings, Mary R. Henninger, Jill K. Macalpine, Amelia Feulner Baur, Anthony A. Hartmann, Lara C. Kelley, Rebecca M. Mcneill, P. Andrew Riley, Michael A. Stramiello

Buffalo Intellectual Property Law Journal

No abstract provided.

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Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint Oct 2015

Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint

Loyola of Los Angeles Entertainment Law Review

This Note highlights the growing concern of Internet defamation and the lack of viable legal remedies available to its victims. Internet defamation is internet speech with the purpose to disparage another’s reputation. At common law, a victim of alleged defamation has the right to file suit against not only the original speaker of the defamatory statements, but the person or entity to give that statement further publication as well. In certain cases even the distributor, such as a newspaper stand, can be held liable for a defamation claim. However, liability due to defamatory speech on the Internet is quite different. …

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Preservation Rules In The Federal Courts Of Appeals, Ian S. Speir, Nima H. Mohebbi Oct 2015

Preservation Rules In The Federal Courts Of Appeals, Ian S. Speir, Nima H. Mohebbi

The Journal of Appellate Practice and Process

No abstract provided.

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Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton Oct 2015

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton

Indiana Law Journal

The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either joining the U.S. …

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Drug Design Liability: Farewell To Comment K, Aaron Twerski, James A. Henderson Jr. Oct 2015

Drug Design Liability: Farewell To Comment K, Aaron Twerski, James A. Henderson Jr.

Faculty Scholarship

No abstract provided.

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An Empirical Look At Compensation In Consumer Class Actions, Brian T. Fitzpatrick, Robert C. Gilbert Oct 2015

An Empirical Look At Compensation In Consumer Class Actions, Brian T. Fitzpatrick, Robert C. Gilbert

Vanderbilt Law School Faculty Publications

Consumer class actions are under broad attack for providing little in compensation to class members. One response to this charge is the argument that one of us has made elsewhere: consumer class actions should not be measured by their compensatory value, but by their deterrence value. But here we take up this critique of consumer class actions on its own terms: can they serve a meaningful compensatory role? Scholars have taken up this question before, but they have been stymied by the lack of available data. In this Article, we present original data on the distribution of class action settlements …

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Florida's "Brave New World": The Transition From Frye To Daubert Will Transform The Playing-Field For Litigants In Medical Causation Cases, Erica W. Rutner, Lara B. Bach Sep 2015

Florida's "Brave New World": The Transition From Frye To Daubert Will Transform The Playing-Field For Litigants In Medical Causation Cases, Erica W. Rutner, Lara B. Bach

Barry Law Review

No abstract provided.

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The Discovery Sombrero And Other Metaphors For Litigation, William H. J. Hubbard Sep 2015

The Discovery Sombrero And Other Metaphors For Litigation, William H. J. Hubbard

Catholic University Law Review

Little is known about discovery costs in civil litigation, particularly in regard to preservation—the duty to preserve relevant information when litigation is reasonably anticipated. This article is one of the first to present and analyze empirical evidence on the nature and costs of preservation and discovery. Using this data, the author proposes three new metaphors for civil litigation: the discovery sombrero, the preservation iceberg, and the long tail of litigation costs. These metaphors help demonstrate the sometimes surprising ways that the Erie doctrine, the role of technology in litigation, and the Federal Rules’ commitment to transsubstantivity interact with current challenges …

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Injury-In-Fact In Chilling Effect Challenges To Public University Speech Codes, Jennifer L. Bruneau Sep 2015

Injury-In-Fact In Chilling Effect Challenges To Public University Speech Codes, Jennifer L. Bruneau

Catholic University Law Review

Campus speech codes began to spring up on university campuses during the 1980s and continue to operate today. The codes regulate various forms of arguably offensive speech, including speech regarding race, gender, sexual orientation, ideology, views, and political affiliation. Numerous litigants have challenged the chilling effect these policies have on student and faculty speech, but in cases where the challenged code has not yet been enforced, some courts find that the plaintiff has not met the “injury-in-fact” requirement for Article III standing. The Supreme Court has not ruled on standing requirements in speech code challenges and lower courts are divided. …

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Enhancing Accountability At The Department Of Veterans Affairs: The Legality Of The Veterans Access, Choice, And Accountability Act Of 2014 Under The Due Process Clause, Ashton Habighurst Sep 2015

Enhancing Accountability At The Department Of Veterans Affairs: The Legality Of The Veterans Access, Choice, And Accountability Act Of 2014 Under The Due Process Clause, Ashton Habighurst

Catholic University Law Review

In April 2014, news of long delays at the Phoenix VA Medical Center and the subsequent deaths of forty Veterans awaiting medical appointments shocked the nation. Based on this perceived failure among VA’s senior medical staff, legislation swept through the House and the Senate in an attempt to enhance accountability at the VA. By August 2014, President Obama signed the Veterans Access, Choice and Accountability Act of 2014 into law. This Act revises the termination procedures concerning the VA’s senior executives, by eliminating the notice requirement, significantly reducing the appellate procedures for adverse employment decision to the Merit Systems Protection …

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Blackness As Character Evidence, Mikah K. Thompson Sep 2015

Blackness As Character Evidence, Mikah K. Thompson

Michigan Journal of Race and Law

Federal Rule of Evidence 404 severely limits the government’s ability to offer evidence of a defendant’s character trait of violence to prove action in conformity with that trait on the occasion in question. The Rule states that such character evidence is generally inadmissible when offered to prove propensity. The Rule also allows the government to offer evidence of an alleged victim’s character for peacefulness in homicide cases where the defendant asserts the self-defense privilege. Although criminal defendants may offer character evidence under limited circumstances, Rule 404 creates a significant disincentive for doing so. Where a defendant offers evidence of an …

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Newsroom: Judge Edward Clifton Joins Faculty, Roger Williams University School Of Law Aug 2015

Newsroom: Judge Edward Clifton Joins Faculty, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Design Litigation And The State Of The Art: Terminology, Practice And Reform, Edward T. O'Donnell Aug 2015

Design Litigation And The State Of The Art: Terminology, Practice And Reform, Edward T. O'Donnell

Akron Law Review

We suggest that rather than ignore these problems, or bemoan them ineffectually, the judiciary should accept the fact that the decision to venture into the area of scientific and technological controversy' carries with it a duty to reconcile the law with the essentials of the scientific method. Some courts already have begun to do so. For instance, suggestions that the manufacturer's obligation to design a safe product necessarily must be limited by the state of the art are common in negligence, warranty and strict liability decisions alike. Unfortunately these statements usually are dicta rather than holdings. Worse, the authors of …

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The Products Liability Crisis: Modest Proposals For Legislative Reform, William P. Bivins Jr. Aug 2015

The Products Liability Crisis: Modest Proposals For Legislative Reform, William P. Bivins Jr.

Akron Law Review

This article will attempt to identify some of the sources of the problems which are adversely affecting the system of products liability litigation and will offer proposals for reform within the framework of the law of products liability.

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Is A Paid Idea Tuition Reimbursement Case Moot? The Intersection Of Pendency, Tuition Reimbursement, And Mootness, Daniel W. Morton-Bentley Aug 2015

Is A Paid Idea Tuition Reimbursement Case Moot? The Intersection Of Pendency, Tuition Reimbursement, And Mootness, Daniel W. Morton-Bentley

Brigham Young University Education and Law Journal

No abstract provided.

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Of Ethics And Economics: Contingent Percentage Fees For Legal Services, Janet Ann Laufer Jul 2015

Of Ethics And Economics: Contingent Percentage Fees For Legal Services, Janet Ann Laufer

Akron Law Review

The contingent percentage fee "is the dominant system in the United States by which legal services are financed by those seeking to assert a claim." The contingent fee is practically the exclusive method of compensating attorneys in personal injury cases.' Contingent percentage fees are also frequently employed in antitrust litigation, class suits, minority stockholder suits, worker's compensation practice, tax practice, and will settlements.'I While the Ethical Considerations of the Code of Professional Responsibility authorize use of the contingent fee in most civil cases," contingent fees are generally considered unethical when applied to criminal cases, divorce cases, and arrangements for procuring …

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Hypnosis In Our Legal System: The Status Of Its Acceptance In The Trial Setting, Joel R. Hlavaty Jul 2015

Hypnosis In Our Legal System: The Status Of Its Acceptance In The Trial Setting, Joel R. Hlavaty

Akron Law Review

Hypnosis is a method of therapy which has been utilized by society for quite some time. Recently, it has gained popularity as a new device to be used in the trial setting. Although it is a legitimate method of therapy in the medical and psychological professions, in the hands of attorneys and the legal system it takes on a whole new life. This new life is plagued with questions of admissibility, reliability and suggestibility. This comment will examine these questions and the use of hypnosis in the various stages of trial. This paper will show that some courts hold such …

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The Citizen's Relief Against Inactive Federal Officials: Case Studies In Mandamus, Actions "In The Nature Of Mandamus," And Mandatory Injuctions, Howard W. Brill Jul 2015

The Citizen's Relief Against Inactive Federal Officials: Case Studies In Mandamus, Actions "In The Nature Of Mandamus," And Mandatory Injuctions, Howard W. Brill

Akron Law Review

Historically, the citizen-plaintiff would have sought the common law writ of mandamus if he were able to scale, or avoid, the threshold barriers of standing and sovereign immunity. This article will examine briefly the history of the writ of mandamus, the requirements for issuance of the writ, and the defenses accepted by courts to deny its issuance. The article will focus specifically on the unique position of the writ in federal courts, including its abolition by the Federal Rules of Civil Procedure.

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Maintaining The Integrity Of The Ohio Appellate System, Richard L. Aynes Jul 2015

Maintaining The Integrity Of The Ohio Appellate System, Richard L. Aynes

Akron Law Review

Appellate courts have traditionally played an important role in maintaining the integrity of the judicial system. They not only serve to correct errors which may occur at trial but also provide a reflective forum for the refinement of established principles of law and the development of new ones. Equally as important, they maintain the boundaries of various departments of government. If operating properly, they ensure that the humblest citizen shall be placed on an equal footing with one who occupies the highest position and that for every illegal wrong there is an adequate remedy. These functions become all the more …

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Oral Argument - Let It Be, Thomas J. Moyer Jul 2015

Oral Argument - Let It Be, Thomas J. Moyer

Akron Law Review

In any discussion concerning the need to change the existing rules of appellate practice, oral argument is perhaps the most vulnerable element. While the elimination of a right to oral argument could reduce the time some cases pend in the court, the right to oral argument provided by Appellate Rule 21 should not be eliminated.

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Unveiling Ohio's Hidden Court, Robert L. Black Jr. Jul 2015

Unveiling Ohio's Hidden Court, Robert L. Black Jr.

Akron Law Review

An intermediate appellate court whose opinions are largely unpublished tends to be invisible. The court seems to be unproductive, and the bar is unaware of what in fact is being decided. The low profile becomes a matter of grave concern, however, when under-publication becomes suppression of precedent.

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Appellate Capacity And Caseload Growth, Thomas B. Marvell Jul 2015

Appellate Capacity And Caseload Growth, Thomas B. Marvell

Akron Law Review

This article has two purposes. The first is to show that, indeed, the three categories of responses to caseload growth are the only feasible responses. This article argues that case-management techniques, another popular response, is of little or no use in reducing the substantial backlogs that result from the caseload growth. Instead of focusing on case management techniques one should focus on the judges - their number and their productivity - as sources of appellate court delay.

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Response To Professor Parness And Mr. Reagle, Jack Grant Day Jul 2015

Response To Professor Parness And Mr. Reagle, Jack Grant Day

Akron Law Review

I subscribe to so much of the reform suggestions proposed by the authors that I believe my response can be most useful if confined to some emphasis or expansion of concurrent views, specific reference to disagreements and support for points of reform needed but not recommended.

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