Closing Nevada's Courthouse Doors: A Critical Examination Of Dogra V. Liles,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Closing Nevada's Courthouse Doors: A Critical Examination Of Dogra V. Liles, David H. Rigdon
Nevada Law Journal
No abstract provided.
Summary Of L.V. Dev. Assocs. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 37,
2014
Nevada Law Journal
Summary Of L.V. Dev. Assocs. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 37, Ryan Becklean
Nevada Supreme Court Summaries
The Court determined whether NRS 50.125 applies to depositions.
Summary Of Dornbach V. Tenth Jud. Dist. Ct., 130 Nev. Adv. Op. 33,
2014
Nevada Law Journal
Summary Of Dornbach V. Tenth Jud. Dist. Ct., 130 Nev. Adv. Op. 33, Kylee Gloekner
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether the NRCP 16.1(e) time period begins to run when the defendant appears or answers and (2) whether a district court may consider its own internal delays when justifying a deadline extension.
No Adequate Recompense For Destruction: The Constitutionality Of The New York Medical Malpractice Statute Of Limitations As Applied To Misdiagnosis Of Latent Disease,
2014
Touro University Jacob D. Fuchsberg Law Center
No Adequate Recompense For Destruction: The Constitutionality Of The New York Medical Malpractice Statute Of Limitations As Applied To Misdiagnosis Of Latent Disease, Lillian M. Spiess
Touro Law Review
No abstract provided.
Who Owns A Class Action?,
2014
Villanova University Charles Widger School of Law
Who Owns A Class Action?, Richard A. Booth
Villanova Law Review (1956 - )
This Essay considers the potential implications for securities class actions of Standard Fire Insurance Co. v. Knowles, which is presently before the Supreme Court. Although the ultimate question in Knowles is whether the plaintiff class may be gerrymandered so as to avoid removal to federal court, a closely related question may arise in securities fraud class actions (which are filed in federal court in the first place). In an action under SEC Rule 10b-5, the plaintiff typically seeks to recover for losses suffered as a result of buying a stock at a price inflated by management misrepresentations. In such a …
Specificity Or Dismissal: The Improper Extension Of Rule 9(B) To Negligent Misrepresentation As A Deprivation Of Plaintiffs’ Procedural Due Process Rights,
2014
William & Mary Law School
Specificity Or Dismissal: The Improper Extension Of Rule 9(B) To Negligent Misrepresentation As A Deprivation Of Plaintiffs’ Procedural Due Process Rights, Julie A. Cook
William & Mary Bill of Rights Journal
No abstract provided.
Waiving The Duty To Mitigate In Commercial Leases,
2014
William & Mary Law School
Waiving The Duty To Mitigate In Commercial Leases, Jacqueline Sandler
William & Mary Business Law Review
This Note examines a largely unexplored consequence of jurisdictions adopting a default duty to mitigate for commercial leases: whether a contract provision waiving the duty should be enforced. Only a few courts across the country have addressed the waiver issue in a commercial setting. At least two different appeals courts have enforced a waiver clause and claim that public policy supports their decision. In contrast, a federal court has stated the opposite—that public policy demands waiver provisions be void. Another state has outright voided all waiver clauses by statute. Courts that have enforced waivers have asserted that commercial parties have …
The Practical Challenges Of Litigating And Trying A Claim For Attorney Fees To A Jury In Minnesota: Providing Minnesota’S District Court Judges, Lawyers, And Litigants The Guidance And Predictability They Need,
2014
Hamline University
The Practical Challenges Of Litigating And Trying A Claim For Attorney Fees To A Jury In Minnesota: Providing Minnesota’S District Court Judges, Lawyers, And Litigants The Guidance And Predictability They Need, S. Jamal Faleel
Hamline Law Review
abstract
Summary Of Alcantara V. Wal-Mart Stores, Inc., 130 Nev. Adv. Op. 28,
2014
Nevada Law Journal
Summary Of Alcantara V. Wal-Mart Stores, Inc., 130 Nev. Adv. Op. 28, Allison Vitangeli
Nevada Supreme Court Summaries
Whether issue and/or claim preclusion can prevent an heir from asserting a wrongful-death claim under NRS 41.085(4) when the decedent’s estate had previously attempted but failed to succeed on a wrongful death claim under NRS 41.085(5).
The Perils Of Productivity,
2014
Florida State University College of Law
The Perils Of Productivity, Emily Spottswood
Scholarly Publications
This Essay urges that those who seek to minimize delay in litigation should proceed with greater caution. Productivity reform proponents usually assume that an increase in case processing speed can be purchased at little cost to other procedural values, but this may not be the case. Such reforms may lower the quality of lawyers’ case preparation and worsen the quality of judicial decisions. The extent of these effects is unclear because the proponents of such changes have not made an effort to establish that increases in speed can be achieved without undermining the accuracy of litigation outcomes. Relatedly, it is …
Utah: Impact Of The Revisions To Rule 26 On Discovery Practice In The Utah District Courts, Final Report,
2014
National Center for State Courts
Utah: Impact Of The Revisions To Rule 26 On Discovery Practice In The Utah District Courts, Final Report, Paula Hannaford-Agor, Cynthia G. Lee
Faculty Publications
On November 1, 2011, the Utah Supreme Court implemented a set of revisions to Rule 26 and Rule 26.1 of the Utah Rules of Civil Procedure designed to address concerns regarding the scope and cost of discovery in civil cases. Funded in part by a grant from the U.S. Department of Justice, Bureau of Justice Assistance, the National Center for State Courts (NCSC) conducted an empirical evaluation of the short-term and long-term impacts of the Rule 26 revisions. The evaluation consists of five components: an analysis of trends in aggregate filings; a comparison of case-level characteristics for cases filed before …
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants,
2014
The Catholic University of America, Columbus School of Law
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew F. Popper
Catholic University Law Review
No abstract provided.
Summary Of Huckabay Props., Inc. V. Nc Auto Parts L.L.C., 130 Nev. Adv. Op. 23,
2014
Nevada Law Journal
Summary Of Huckabay Props., Inc. V. Nc Auto Parts L.L.C., 130 Nev. Adv. Op. 23, Michael Bowman
Nevada Supreme Court Summaries
The Court determined three issues: (1) whether precedential uniformity requires a reinstatement of appeals; (2) whether failure to follow court rules is grounds for dismissing a civil appeal; and (3) whether failure to serve each attorney with a motion to dismiss is grounds for en banc reconsideration.
Summary Of Liu V. Christopher Homes, Llc, 130 Nev. Adv. Op. 17,
2014
Nevada Law Journal
Summary Of Liu V. Christopher Homes, Llc, 130 Nev. Adv. Op. 17, Allison Vitangeli
Nevada Supreme Court Summaries
The Court clarified two issues: (1) Sandy Valley Associates v. Sky Ranch Estates Owners Association’s and Horgan v. Felton’s effect on the law regarding the recovery of attorney fees as special damages; and (2) the extent to which Horgan retreated from Sandy Valley’s discussion about the grounds for recovering attorney fees as special damages.
Summary Of The Power Co. V. Henry, 130 Nev. Adv. Op. 21,
2014
Nevada Law Journal
Summary Of The Power Co. V. Henry, 130 Nev. Adv. Op. 21, Laura Guidry
Nevada Supreme Court Summaries
The Court determined two issues:1) whether NRCP 41(e)’s provision requiring dismissal for want of prosecution applies to an action in which the parties entered into a written and signed settlement agreement before NRCP 41(e)’s five-year deadline expired; and 2) whether the district court erred in reducing the parties’ settlement agreement to judgment. Summary written by Laura Guidry.
Curtailing The First Amendment Protection To Discovery,
2014
Touro University Jacob D. Fuchsberg Law Center
Curtailing The First Amendment Protection To Discovery, Silvia Durri
Touro Law Review
No abstract provided.
Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim,
2014
Touro University Jacob D. Fuchsberg Law Center
Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim, Stefan Josephs
Touro Law Review
No abstract provided.
The Jury As A Political Institution: An Internal Perspective,
2014
William & Mary Law School
The Jury As A Political Institution: An Internal Perspective, Robert P. Burns
William & Mary Law Review
In this Essay, I will briefly describe some of the more obvious ways in which the jury has been considered a political institution. I will then discuss the senses in which we can understand the term “political” in the context of the American jury trial. I will describe the senses in which Hannah Arendt, perhaps the most important political philosopher of the twentieth century, tried to distinguish between “the political” and the “the legal” and the limitations of any such distinction. I will then turn to the heart of this Essay, a description of the ways in which the American …
Blackstone's Curse: The Fall Of The Criminal, Civil, And Grand Juries And The Rise Of The Executive, The Legislature, The Judiciary, And The States,
2014
William & Mary Law School
Blackstone's Curse: The Fall Of The Criminal, Civil, And Grand Juries And The Rise Of The Executive, The Legislature, The Judiciary, And The States, Suja A. Thomas
William & Mary Law Review
No abstract provided.
Juries As Regulators Of Last Resort,
2014
William & Mary Law School
Juries As Regulators Of Last Resort, Stephan Landsman
William & Mary Law Review
No abstract provided.
