Open Access. Powered by Scholars. Published by Universities.®

Civil Procedure Commons™

Open Access. Powered by Scholars. Published by Universities.®

6,646 Full-Text Articles 5,068 Authors 6,989,047 Downloads 160 Institutions

All Articles in Civil Procedure

Faceted Search

6,646 full-text articles. Page 104 of 156.

Sanders V. Sears-Page, 131 Nev. Adv. Op. 50, Scott Lundy 2015 Nevada Law Journal

Sanders V. Sears-Page, 131 Nev. Adv. Op. 50, Scott Lundy

Nevada Supreme Court Summaries

The Court held that the district court erred in deciding not to strike an empaneled juror whose background implied bias, but who promised he could remain impartial. Moreover, the Court held the district court erred in allowing challenges for cause while the juror was present, and by allowing newly discovered evidence to be entered into evidence on the final day of trial.


Loss Causation, Economic Loss Rules And Offset Defenses – Dismissal Motion Practice After Acticon A.G. V. China North East Petroleum Holdings Ltd., Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor 2015 Touro University Jacob D. Fuchsberg Law Center

Loss Causation, Economic Loss Rules And Offset Defenses – Dismissal Motion Practice After Acticon A.G. V. China North East Petroleum Holdings Ltd., Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor

Touro Law Review

No abstract provided.


Will Employment Discrimination Class Actions Survive?, Melissa Hart 2015 The University of Akron

Will Employment Discrimination Class Actions Survive?, Melissa Hart

Akron Law Review

This paper will argue that the changes wrought by the Civil Rights Act of 1991 do not in fact pose a barrier to resolution of employment discrimination claims through class litigation. The addition of compensatory and punitive damages and a jury-trial right in the Civil Rights Act of 1991 may increase the level of scrutiny and perhaps the level of judicial involvement necessary in an employment discrimination class action. But they do not render such a class action either impermissible under Rule 23 or violative of due process or Seventh Amendment jury trial rights. Courts and commentators who insist that …


"Procedural Swift": Complex Litigation Reform, State Tort Law, And Democratic Values, JoEllen Lind 2015 The University of Akron

"Procedural Swift": Complex Litigation Reform, State Tort Law, And Democratic Values, Joellen Lind

Akron Law Review

My discussion is made in the spirit of an essay and proceeds in four major parts. Part II, Diversity Jurisdiction and Democracy, describes the problematic connection between democratic values and diversity jurisdiction. It explains that when Congress deploys minimal diversity to make access to federal courts available in class action and mass tort cases there are potential risks to the role of states in promoting the democratic values of political participation, transparency, and accountability. Part III, Complex Litigation—The Rationale for Intrusion relates these issues to the specific reforms in complex litigation recently initiated by Congress. Part IV, Tilting the Playing …


Newsroom: Margulies On 'Ghostwriting', Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Margulies On 'Ghostwriting', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Summary Of State V. Beaudion, 131 Nev. Adv. Op. No. 48 (Jul. 2, 2015), Michael S. Valiente 2015 Nevada Law Journal

Summary Of State V. Beaudion, 131 Nev. Adv. Op. No. 48 (Jul. 2, 2015), Michael S. Valiente

Nevada Supreme Court Summaries

NRS 172.241 affords the target of a grand jury investigation the opportunity to testify before them unless, after holding “a closed hearing on the matter,” the district court determines that adequate cause exists to withhold target notice. NRS 172.241(3) specifies that “[t]he district attorney may apply to the court for a determination that adequate cause exists to withhold notice, if the district attorney.... [d]etermines” that the target poses a flight risk, cannot be located or, as relevant here, “that the notice may endanger the life or property of other persons.” Accordingly, NRS 172.241’s procedure for withholding notice is met if …


Summary Of Biscay V. Mgm Resorts Int’L., 131 Nev. Adv. Op. 46 (July 2, 2015), Patrick Phippen 2015 Nevada Law Journal

Summary Of Biscay V. Mgm Resorts Int’L., 131 Nev. Adv. Op. 46 (July 2, 2015), Patrick Phippen

Nevada Supreme Court Summaries

The Court concluded dismissal is not proper under NRS 18.130(4) when a non-resident plaintiff files security with the court clerk for the defendant’s costs when the required security is filed any time prior to the action being dismissed.


Abrogating Magic: The Rules Enabling Act Process, Civil Rule 84, And The Forms, Brooke D. Coleman 2015 Seattle University School of Law

Abrogating Magic: The Rules Enabling Act Process, Civil Rule 84, And The Forms, Brooke D. Coleman

Nevada Law Journal

No abstract provided.


The Grand Poobah And Gorillas In Our Midst: Enhancing Civil Justice In The Federal Courts—Swapping Discovery Procedures In The Federal Rules Of Civil And Criminal Procedure And Other Reforms Like Trial By Agreement, Mark W. Bennett 2015 United States District Court for the Northern District of Iowa

The Grand Poobah And Gorillas In Our Midst: Enhancing Civil Justice In The Federal Courts—Swapping Discovery Procedures In The Federal Rules Of Civil And Criminal Procedure And Other Reforms Like Trial By Agreement, Mark W. Bennett

Nevada Law Journal

No abstract provided.


The Irrepressible Myth Of Burnham And Its Increasing Indefensibility After Goodyear And Daimler, Jeffrey W. Stempel 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Irrepressible Myth Of Burnham And Its Increasing Indefensibility After Goodyear And Daimler, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation, Elizabeth M. Schneider 2015 Brooklyn Law School

Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation, Elizabeth M. Schneider

Nevada Law Journal

No abstract provided.


Finding The Civil Trial's Democratic Future After Its Demise, David Marcus 2015 University of Arizona James E. Rogers College of Law

Finding The Civil Trial's Democratic Future After Its Demise, David Marcus

Nevada Law Journal

No abstract provided.


Procedural Constants: How Delay Aversion Shapes Reform, Thomas O. Main 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Procedural Constants: How Delay Aversion Shapes Reform, Thomas O. Main

Nevada Law Journal

No abstract provided.


Scott V. Harris And The Future Of Summary Judgment, Tobias Barrington Wolff 2015 University of Pennsylvania Law School

Scott V. Harris And The Future Of Summary Judgment, Tobias Barrington Wolff

Nevada Law Journal

No abstract provided.


The Death With Dignity Ballot Initiative: Narrative Tensions And Jewish Legalities, Bernard H. Mehlman, Jeremy S. Morrison 2015 Temple Israel of Boston

The Death With Dignity Ballot Initiative: Narrative Tensions And Jewish Legalities, Bernard H. Mehlman, Jeremy S. Morrison

Nevada Law Journal

No abstract provided.


Symposium Introduction: Through A Glass Starkly: Civil Procedure Re-Assessed, Thomas O. Main, Jeffrey W. Stempel 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Symposium Introduction: Through A Glass Starkly: Civil Procedure Re-Assessed, Thomas O. Main, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


The Forms Had A Function: Rule 84 And The Appendix Of Forms As Guardians Of The Liberal Ethos In Civil Procedure, A. Benjamin Spencer 2015 University of Virginia School of Law

The Forms Had A Function: Rule 84 And The Appendix Of Forms As Guardians Of The Liberal Ethos In Civil Procedure, A. Benjamin Spencer

Nevada Law Journal

No abstract provided.


How Atypical Cases Make Bad Rules: A Commentary On The Rulemaking Process, Suja A. Thomas, Dawson Price 2015 University of Illinois College of Law

How Atypical Cases Make Bad Rules: A Commentary On The Rulemaking Process, Suja A. Thomas, Dawson Price

Nevada Law Journal

No abstract provided.


Screening Out Unwanted Calls: The Hypocrisy Of Standing "Doctrine", Mark S. Brodin 2015 Boston College Law School

Screening Out Unwanted Calls: The Hypocrisy Of Standing "Doctrine", Mark S. Brodin

Nevada Law Journal

No abstract provided.


Amending Complaints To Sue Previously Misnamed Or Unidentified Defendants After The Statute Of Limitations Has Run: Questions Remaining From The Krupski Decision, Edward F. Sherman 2015 Tulane University School of Law

Amending Complaints To Sue Previously Misnamed Or Unidentified Defendants After The Statute Of Limitations Has Run: Questions Remaining From The Krupski Decision, Edward F. Sherman

Nevada Law Journal

No abstract provided.


Digital Commons powered by bepress