Civil Procedure Commons^™

Scrutiny Of The Venire, Scrutiny From The Bench: Smithkline Beecham Corp. V. Abbott Laboratories And The Application Of Heightened Scrutiny To Sexual Orientation Classifications, Parker Williams

Catholic University Law Review

In SmithKline Beecham Corp. v. Abbott Laboratories, the Ninth Circuit Court of Appeals applied heightened scrutiny to a sexual orientation classification. Through SmithKline, the Ninth Circuit became one of the first federal circuit courts to do so explicitly; and by unequivocally applying a more exacting standard than rational basis, it furthered the framework developed in cases such as Romer v. Evans, Lawrence v. Texas, and United States v. Windsor. This Note asserts that SmithKline is a significant victory for the advancement of LGBT rights, as evidenced by its use to strike down several same-sex marriage bans …

Summary Of Fulbrook V. Allstate Ins. Co., 131 Nev. Adv. Op. 33 (Jun. 4, 2015), Walter Fick

Nevada Supreme Court Summaries

The Court held that appellant’s counsel’s “technical difficulties,” with regard to e-mails and case files, was an insufficient basis on which to recall remittitur, because the technical difficulties were unrelated to Nevada’s electronic filing system, which exclusively provides required notifications to counsel.

Creativity Inspired Community: A Practice And Process For Growing Communities Through Group Creativity, David Eyman

Creativity and Change Leadership Graduate Student Master's Projects

This project explores the use of group creativity practices to support changing attitudes and the formation of cohesive communities in civic and business settings. More specifically this project explores the use of a predetermined sequence of group creativity tools to facilitate a change in participant mentality. The attitudinal shift is from self-serving to engaged and collaborative. The ultimate outcome of using the proposed framework is the bonding of incompatibly opinionated people into a solidified community that is responsible for implementing their novel ideas. Ideas formed within this process are a reflection of the individual’s personal life objectives as they relate …

New Limits On General Personal Jurisdiction: Examining The Retroactive Application Of Daimler In Long-Pending Cases, Brooke A. Weedon

Washington and Lee Law Review

No abstract provided.

A New Generation Of Class Action Cy Pres Remedies: Lessons From Washington State, Cecily C. Shiel

Washington Law Review

The use of cy pres as a mechanism to distribute residual funds in class actions has become increasingly common and the subject of much controversy. In the class action context, cy pres is an equitable remedy used by courts to appropriate class action settlement funds remaining after all identified class parties have been compensated to the funds’ “next best use,” usually to a charity. The controversy has stemmed primarily from a lack of clear judicially enforced standards on how and when to use cy pres. In light of recent controversy, both the Federal Rules Committee, and potentially the Supreme Court, …

The American Jury System: A Synthetic Overview, Richard O. Lempert

Articles

This essay is intended to provide in brief compass a review of much that is known about the American jury system, including the jury’s historical origins, its political role, controversies over its role and structure, its performance, both absolutely and in comparison to judges and mixed tribunals, and proposals for improving the jury system. The essay is informed throughout by 50 years of research on the jury system, beginning with the 1965 publication of Kalven and Zeisel’s seminal book, The American Jury. The political importance of the jury is seen to lie more in the jury’s status as a one …

"Just A Bit Outside!": Proportionality In Federal Discovery And The Institutional Capacity Of The Federal Courts, Bernadette Bollas Genetin

Akron Law Faculty Publications

This Article focuses on pending amendments to Rule 26(b)(1), the scope-of-discovery provision in the Federal Rules of Civil Procedure. Proposed Rule 26(b)(1) would authorize parties to obtain discovery of “any non-privileged matter that is relevant to any party’s claim or defense” if that information is also “proportional to the needs of the case,” based on enumerated proportionality factors – “the importance of the issues at state in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the …

Summary Of Catholic Diocese Of Green Bay, Inc. V. John Doe 119, 131 Nev. Adv. Op. 29 (May 28, 2015), Adam Wynott

Nevada Supreme Court Summaries

The Court held a plaintiff must prove sufficient contacts with the jurisdiction in order to establish personal jurisdiction over a defendant. Without proof of sufficient contacts, Nevada courts do not have personal jurisdiction over a foreign Catholic diocese. The Court reversed the district court’s decision.

Summary Of Weddell V. Sharp, 131 Nev. Adv. Op. 28 (May 28, 2015), Ashleigh Wise

Nevada Supreme Court Summaries

The Court held that a defendant may raise a defense of claim preclusion against a plaintiff’s complaint even when that defendant was not a party or privy with a defendant in an earlier action brought by the plaintiff. The Court modified the privity requirement established in Five Star Capital Corp. v. Ruby, 124 Nev. 1048, 194 P.3d 709 (2008) to incorporate nonmutual claim preclusion.

Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation, Robert J. Augustine

Georgia Journal of International & Comparative Law

No abstract provided.

Sanctions For Frivolous Civil Appeals In Louisiana, Gail S. Stephenson

Louisiana Law Review

The article offers information related to sanctions for frivolous civil appeals under Louisiana Code of Civil Procedure article 2164 in Louisiana. Topics discussed include court case of Parker v. Interstate Life & Accident Insurance Co., penalties for frivolous appeal will not be imposed unless clearly due, and creating an exception to the rule.

Thirty-Two Years On The Federal Bench: Some Things I Have Learned, Judge Emmett Ripley Cox

Florida Law Review

In this Essay, prepared as the basis for the 2014 Dunwody Distinguished Lecture in Law at the University of Florida Levin College of Law, Judge Cox discusses a few things he learned from his experience as a trial judge and later as an appellate judge. Specifically, he addresses how the proliferation of federal law—both criminal and civil—imposes a real burden on the federal courts. This proliferation has negatively affected pleading and pretrial procedures in the federal court system. Additionally, he discusses what lawyers can do about these pleading and pretrial problems.

Over the course of his career Judge Cox have …

Determining Trademark Standing In The Wake Of Lexmark, John L. Brennan

Notre Dame Law Review

This Note examines relevant statutory language, case law, and scholarly criticism, and ultimately contends that the standard articulated in Lexmark should apply to both types of claims. Part I provides background regarding the history of the Lanham Act, looking particularly at the ways in which courts have treated trademarks and false advertising differently. Part II discusses the Lexmark decision and the recent district court cases that have addressed its holding. Part III examines the text of both the Lanham Act and the Supreme Court’s opinion in Lexmark in order to determine the decision’s scope, and concludes that Lexmark’s holding …

Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, Paul H. Beach

Notre Dame Law Review

This Note will argue that the attorney-client privilege is justified not only by the popular instrumentalist rationales, but also by noninstrumentalist thinking. It will further argue that Federal Rule of Evidence 502 gives federal courts the tools to protect the attorney-client privilege in light of bulk data collection. Even where courts do not find that traditional modes of communication constitute reasonable steps to protect a confidential communication, general considerations of fairness—as noted in Rule 502’s committee notes—should encourage courts to uphold attorney-client privilege in future situations of bulk data collection disclosures. Part I will discuss the establishment, development, and operations …

Saving Charitable Settlements, Christine P. Bartholomew

Fordham Law Review

    This Article defies the conventional wisdom that all charitable distributions from a class action settlement fund are types of cy pres. Instead, it proposes a radical delineation between “cy pres remainders” (meaning settlement funds left over after individual monetary distributions) and “charitable settlements” (meaning money initially distributed to charities as part of class action settlements). While both have cy pres roots, these two settlement structures have been conflated, jeopardizing the potential utility of charitable settlements. After articulating more precise nomenclature for these distinct distribution methods, this Article justifies why we must preserve charitable settlements. This defense is particularly …

Snap Judgment: Recognizing The Propriety And Pitfalls Of Direct Judicial Review Of Audiovisual Evidence At Summary Judgment, Denise K. Barry

Fordham Law Review

    Conflicting results in two recent police excessive force decisions by the U.S. Supreme Court—Tolan v. Cotton and Plumhoff v. Rickard—have sown confusion about the standards for summary judgment. This Note shows how the two decisions are consistent with each other and with longstanding summary judgment precedents. The key insight is that since the Second Circuit’s iconic 1946 decision in Arnstein v. Porter, appellate judges, including Supreme Court Justices, have listened to audio recordings, scrutinized artwork, and—as in the case of Plumhoff—watched video footage in order to decide for themselves whether there is a genuine issue of …

The Revolutionary War Prize Cases And The Origins Of Diversity Jurisdiction, Deirdre Mask, Paul Macmahon

Buffalo Law Review

No abstract provided.

Foreign Sovereign Immunity - Rex V. Cia. Pervana De Vapores, S.A., Richard O. Ward

Georgia Journal of International & Comparative Law

No abstract provided.

Minimum Contacts Jurisdiction Under The Foreign Sovereign Immunities Act, Eric Johnson, Chrisanne Worthington

Georgia Journal of International & Comparative Law

No abstract provided.

The Conflict Between Forum-Selection Clauses And State Consumer Protection Laws: Why Illinois Got It Right In Jane Doe V. Match.Com, Marty Gould

Chicago-Kent Law Review

To what extent can companies “contract out” of state consumer protection statutes through the use of choice of law and forum selection clauses in standard form adhesion contracts? The only court in Illinois to rule on the issue, a state court case dealing with Match.com, held that the Illinois Dating Referral Services Act (IDRSA) voids forum-selection clauses contrary to stated Illinois public policy, as declared by Illinois statutes. Outside of Illinois, however, federal courts have held that the exact same Match.com forum-selection clause was valid and enforceable despite being in direct conflict with similar statutes in other states. These cases …