Civil Procedure Commons^™

A Blended Approach To Reducing The Costs Of Shareholder Litigation, Valian A. Afshar

Michigan Law Review

Multiforum litigation and federal securities law class actions impose heavy costs on corporations and their shareholders without producing proportionate benefits. Both are largely the result of the agency problem between shareholders and their attorneys, driven more by the attorneys’ interests in generating fees than by the interests of their clients. In response to each of these problems, commentators have recommended a number of solutions. Chief among them are forum selection and mandatory arbitration provisions in a corporation’s charter or bylaws. This Note recommends that corporations unilaterally adopt both forum selection and mandatory arbitration bylaws to address shareholder lawsuits under state …

Reviving The Civil Jury Trial: Implementing Short, Summary, And Expedited Trial Programs, Robert A. Patterson

BYU Law Review

No abstract provided.

Summary Of Fdic V. Rhodes, 130 Nev. Adv. Op. 8, Aleem A. Dhalla

Nevada Supreme Court Summaries

The Court determined that (1) 12 U.S.C. § 1821(d)(14)(A) (the “FDIC extender statute”)[1] preempts any similarly applicable state law, in this case NRS 40.4055(1)[2]; and (2) the Court refused to adopt a rule that a state statute of repose cannot be preempted by federal law.

[1] “Under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA),…the [FDIC] acts as a "conservator or receiver" for failed financial institutions. 12 U.S.C. § 1821(d)(2)(A) (2012). FIRREA extends

the time period for the FDIC, in its capacity as the failed institution's conservator or receiver, to bring a contract claim …

To Be Or Not To Be: The Forum Non Conveniens Performance Acted Out On Anglo-American Courtroom Stages, Alan Reed

Georgia Journal of International & Comparative Law

No abstract provided.

Law In Ancient Egyptian Fiction, Russ Versteeg

Georgia Journal of International & Comparative Law

No abstract provided.

Civil Rule 54(B): Seventy-Five And Ready For Retirement, Andrew S. Pollis

Florida Law Review

As we commemorate the diamond anniversary of the Federal Rules of Civil Procedure, this Article takes a critical look at one of the failed Rules: Rule 54(b). Although many commentators have noted difficulties with Rule 54(b), this is the first effort to describe those difficulties comprehensively, analyze their root causes, and offer a workable alternative.

When an order resolves a discrete claim in a multi-claim action, Rule 54(b) permits a district court to sever the order for immediate appeal by “expressly determin[ing] that there is no just reason for delay.” The rule was designed to ease the hardship on litigants …

Summary Of D.R. Horton V. Betsinger, 130 Nev. Adv. Op. 84, Gil Kahn

Nevada Supreme Court Summaries

The Court determined that even when a case is remanded only in order for a trier of fact to determine the amount of punitive damages, NRS 42.005(3) requires that same trier of fact to first determine whether such damages are warranted.

Summary Of Oxbow Constr. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 86, Erik Foley

Nevada Supreme Court Summaries

The Court determined that (1) previously leased units become a “residence” under NRS 40.630 when their titles are later transferred to a home purchaser; (2) units previously leased prior to transfer of title to a purchaser are not considered “new” under NRS 40.615; and (3) where there is at least one “new residence” in a multiple unit building, relief is available for construction defects in the limited common areas assigned to that building.

The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer

Seattle University Law Review

It has now been more than thirty-five years since the Washington Rules of Appellate Procedure (RAP) became effective in 1976 and replaced all prior rules governing appellate procedure. One significant change that those rules made was to clearly describe and delineate a procedural mechanism for seeking interlocutory review of trial court decisions. The ultimate effect on practitioners is both obvious and unavoidable. Many lawyers, rather than stake out a clear position regarding the applicability of the various considerations governing discretionary review, simply argue that any and every consideration that is even arguably applicable is satisfied by the trial court’s determination. …

Summary Of Copper Sands Homeowners Ass’N, Inc. V. Flamingo 94, Llc, 130 Nev. Adv. Op. 81, Vincent Godinho

Nevada Supreme Court Summaries

The Court determined that when a third-party defendant prevails in an action and moves for costs pursuant to NRS 18.020, the district court must determine which party (plaintiff or defendant) is adverse to the third-party defendant and allocate the costs award accordingly.

Summary Of Artiga-Morales V. State, 130 Nev. Adv. Op. 77, Janine Lee

Nevada Supreme Court Summaries

In the absence of a rule or statute mandating disclosure of jury background information from the prosecution to the defense, no such obligation exists.[1] If policy considerations dictate that defendants should be allowed to see prosecution-developed jury dossiers, then a court rule should be proposed, considered and adopted as implicitly authorized by NRS 179A.100(7)(j). Such a procedure would allow the court to better assess the “scope of disparity, impact on juror privacy interests, the need to protect work product, practicality, and fundamental fairness

than this case, with its limited record and arguments.”

[1] This is the majority opinion. A …

Summary Of Renown Reg’L Med. V. Second Jud. Dist. Ct., 130 Nev. Adv. Op. 80, Leesa Goodwin

Nevada Supreme Court Summaries

The Court determined that before a court may grant summary judgment sua sponte, the defending party must be given notice and an opportunity to defend itself. Thus, summary judgment cannot be granted on claims for which no party sought summary judgment in their pleadings or arguments.

Summary Of Henson V. Henson, 130 Nev. Adv. Op. 79, Sydney Gambee

Nevada Supreme Court Summaries

The Court determined that (1) survivor benefits must be specifically set forth in a divorce decree notwithstanding NRS 286.590, which does not automatically confer survivor benefits and (2) immediate payment of benefits to a former non-employee spouse must be requested by motion, in accordance with California’s approach in In re Marriage of Cornejo.

[1] 916 P.2d 476 (Cal. 1996).

Inherent Incompatibility Doctrine Circles The Drain In Knepper V. Rite Aid Corp.: "Hybrid" Wage & Hour Claims Float In Third Circuit, Chad Odhner

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law—Arkansas’S Current Procedural Rulemaking Conundrum: Attempting To Quell The Political Discord, Sevawn Foster

University of Arkansas at Little Rock Law Review

No abstract provided.

Conflict Of Laws, James P. George, Susan T. Phillips

Faculty Scholarship

States' and nations' laws collide when foreign factors appear in a lawsuit. Nonresident litigants, incidents outside the forum, and judgments from other jurisdictions can create problems with personal jurisdiction, choice of law, and the recognition of foreign judgments. This Article reviews Texas conflict cases from Texas state and federal courts during the Survey-period from November 1, 2011 through October 31, 2013. The Article excludes cases involving federal-state conflicts; intrastate issues, such as subject matter jurisdiction and venue; and conflicts in time, such as the applicability of prior or subsequent law within a state. State and federal cases are discussed together …

Enforcement Of Foreign Arbitration Agreements And Awards: Application Of The New York Convention In The United States, Louis Del Duca, Nancy A. Welsh

Faculty Scholarship

Internationalc ommercial arbitrationp rovides customized and efficient resolution for disputes arising out of transnational commerce. When arbitration occurs in states that have ratified the New York Convention, the process also offers enforceable outcomes even in states other than the one where the arbitration occurred. The United States ratified the New York Convention in 1970, and its courts overwhelmingly enforce both arbitration agreements and arbitral awards. There are exceptions, however, and American courts require the use of certain procedures.

This Article provides a brief survey of American courts' recognition and enforcement of foreign arbitration agreements and arbitral awards. It begins by …

Auctioning Class Settlements, Jay Tidmarsh

William & Mary Law Review

Although class actions promise better deterrence at a lower cost, they are infected with problems that can keep them from delivering on this promise. One of these problems occurs when the agents for the class—the class representative and class counsel—advance their own interests at the expense of the class. Controlling agency cost, which often manifests itself at the time of settlement, has been the impetus behind a number of class action reform proposals.

This Article develops a proposal that, in conjunction with reforms in fee structure and opt-out rights, controls agency costs at the time of settlement. The idea is …

Auctioning Class Settlements, Jay Tidmarsh

Journal Articles

Although they promise better deterrence at a lower cost, class actions are infected with problems that can keep them from delivering on this promise. One of these problems occurs when the agents for the class (the class representative and class counsel) advance their own interests at the expense of the class. Controlling agency cost, which often manifests itself at the time of settlement, has been the impetus behind a number of class-action reform proposals. This Article develops a proposal that, in conjunction with reforms in fee structure and opt-out rights, controls agency costs at the time of settlement. The idea …

Revising Civil Rule 56: Judge Mark R. Kravitz And The Rules Enabling Act, Edward H. Cooper

Articles

This contribution uses the history of amending Federal Rule of Civil Procedure 56, “Summary Judgment,” to pay tribute to Mark R. Kravitz and to the Rules Enabling Act process itself. The three central examples involve discretion to deny summary judgment despite the lack of a genuine dispute as to any material fact, the choice whether to prescribe a detailed “point–counterpoint” procedure for presenting and opposing the motion, and the effect of failure to respond to a motion in one of the modes prescribed by the rule. These topics are intrinsically important. The ways in which the Civil Rules Advisory Committee …