Civil Procedure Commons^™

Summary Of Loeb V. First Judicial District Court, 129 Nev. Adv. Op. 62, Casey J. Stiteler

Nevada Supreme Court Summaries

The Court considered a petition for a writ of prohibition or mandamus challenging a district court order denying a motion to serve individual defendants by publication. The question before the court was whether a party residing outside of the United States may be served by publication pursuant to NRCP 4(e)(1)(i) and (iii), rather than under the terms of the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters when the party’s address is known.

Discovering The Right To Criminal Disclosure: Lessons From Civil Procedure, Denise Huiwen Wong

Research Collection Yong Pung How School Of Law

The amendments to the Criminal Procedure Code (Cap 68, 1985 Rev Ed) and subsequent case law developments have created a patchwork of rules governing the disclosure obligations of parties in criminal cases. This article argues that parties have thereby been endowed with a right that is exercisable in the courts to access the material to which the law says they are entitled. However, there are currently no proper procedural mechanisms in place for parties to make interlocutory applications to obtain such material. This article examines the competing values and ideals of a criminal discovery regime, and suggests that concepts such …

Summary Of Bradford V. Eighth Judicial District Court, 129 Nev. Adv. Op. 60, Edward Wynder

Nevada Supreme Court Summaries

The Court considered a petition for a writ of mandamus or prohibition from a Petitioner who failed to timely appeal an adverse judgment.

15th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2013, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Pleading And Access To Civil Justice: A Response To Twiqbal Apologists, A. Benjamin Spencer

Faculty Publications

Professor Stephen Yeazell once wrote, ''A society based on the rule of law fails in one of its central premises if substantial parts of the population lack access to law enforcement institutions."" One apparent threat to access to justice in recent years has been the erosion of notice pleading in the federal courts in favor of a plausibility-pleading system that screens out potentially meritorious claims that fail to offer sufficient specificity and support at the pleading stage. But some have questioned whether this purported threat is more perceived than real. Indeed, this doctrinal shift has been defended in several ways …

New Hampshire: Impact Of The Proportional Discovery/Automatic Disclosure (Pad) Pilot Rules, Paula Hannaford-Agor, Nicole L. Waters, Cynthia G. Lee, Susan Keilitz

Faculty Publications

Across the nation, a growing chorus of judges, lawyers, business leaders, and consumer advocates is calling for reforms to the American civil justice system. Civil litigation, they argue, has become too time-consuming, too expensive, and too unpredictable. To address these concerns, many state and federal courts have begun to develop and implement civil justice reform efforts intended to streamline the litigation process, to minimize the potential for discovery disputes, and to expedite the fair resolution of civil cases. New Hampshire was one of the first jurisdictions to revise its rules of civil procedure with these objectives in mind. The project …

Electronic Data Discovery Sanctions: The Unmapped, Unwinding, Meandering Road, And The Courts’ Role In Steadying The Playing Field, Ahunanya Anga

San Diego Law Review

This Article highlights a growing problem for litigants who are involved in electronic data discovery (EDD). The world of litigation today encompasses massive amounts of electronically produced documents. It is estimated that ninety-nine percent of new information is created and stored electronically. The litigation practice generally, as it relates to electronic discovery (e-discovery) particularly, has mushroomed into a chaotic process. The technological age has radically impacted the federal discovery process. The purpose of the 2006 amendments to the Federal Rules of Civil Procedure (FRCP) was, among other things, to address problems associated with electronically stored information (ESI) that arise during …

New Methods Of Financial White-Collar Criminal Investigation And Prosecution: The Spillover Of Wiretaps To Civil Enforcement Proceedings, Andrew P. Atkins

Pace Law Review

To have a proper understanding of the questions presented by the Rajaratnam cases, a basic understanding of the criminal and civil cases is necessary. Accordingly, Part II will briefly discuss the facts of the two cases, the investigation, and relevant court rulings. Part III will briefly discuss the history and relevant provisions of Title III of the Omnibus Crime Control and Safe Streets Act , the “comprehensive scheme” for regulating the authorization and disclosure of wiretaps. Part IV will discuss the primary theories the SEC could have used to obtain wiretap recordings for use in its civil enforcement proceeding, namely …

Summary Of Frei V. Goodsell, 129 Nev. Adv. Op. 43, David Rothenberg

Nevada Supreme Court Summaries

Appeal from a district court judgment on a jury verdict in a legal malpractice action claiming issue preclusion and offering extrinsic evidence of intent regarding obligations of a trust. The Court made clear the requirements for issue preclusion and also concluded that a party cannot introduce extrinsic evidence of a testator's intent to create ambiguity or otherwise alter the plain language of the trust. The Court affirmed the district court's judgment.

Summary Of County Of Clark V. Howard Hughes Co., Llc, 129 Nev. Adv. Op. 44, David H. Rigdon

Nevada Supreme Court Summaries

Appeal from a district court order denying a motion for change of venue for a petition for judicial review of a State Board of Equalization decision regarding a property tax valuation.

Summary Of Mountain View Recreation, Inc. V. Imperial Commercial Cooking Equipment Co., 129 Nev. Adv. Op. 45, Benjamin Reitz

Nevada Supreme Court Summaries

Appeal from a district court order granting respondents’ motion to transfer venue from Nye County to Clark County. The Court reversed the district court order, concluding that the district court abused its discretion because it (1) lacked sufficient evidence in the record to support transfer under the doctrine of forum non conveniens; (2) failed to properly analyze the issues under NRS 3.100(2) and past precedent requiring Nevada counties to provide adequate courtroom facilities; and (3) failed to consider the docket congestion in Clark County before reaching its decision.

Conformity In Confusion: Applying A Common Analysis To Wikipedia-Based Jury Misconduct, Matthew Fredrickson

Washington Journal of Law, Technology & Arts

In 2012, the United States Court of Appeals for the Fourth Circuit decided United States v. Lawson, a case of first impression about a juror’s use of Wikipedia during deliberations. Had this case been decided in the 1950s, the juror’s contact with the extra-record material during deliberations would have given rise to a presumption of prejudice in favor of the party claiming he was denied a fair trial. However, in the 1980s and 1990s, the United States Supreme Court seemed to eliminate that presumption and place the burden of proving prejudice on the party seeking a new trial. As …

Courts Should Apply A Relatively More Stringent Pleading Threshold To Class Actions, Matthew J.B. Lawrence

Faculty Scholarly Works

Policymakers from Senator Edward Kennedy to Civil Rules Advisory Committee Reporter Edward Cooper have proposed that class actions be subject to a more stringent pleading threshold than individually-filed suits, yet the question has not been fully explored in legal scholarship. This Article addresses that gap. It shows that courts following the guidance of Bell Atlantic v. Twombly should apply a relatively more stringent pleading threshold to class actions, and a relatively less stringent threshold to individually-filed suits.

This contribution is set forth in two steps. First, this Article explains that, all else being equal, the anticipated systems’ costs and benefits …

Civil Procedure In Cross-Cultural Dialogue: Eurasia Context, Dmitry Maleshin, Janet Walker, Et. Al.

Conference Papers

The Idea of the book is to discuss the evolution of civil procedure in different societies, not only in the well-known civil or common law systems, but also in different countries of Eurasia, Asia, etc. Civil procedure in Europe and North America is a subject of enormous scientific and practical importance. We know a lot about these systems. But we do not know enough about civil procedure in the rest of the world. How does it work and what are the main principles? Culture is one of the main factors that makes civil procedure of these countries different. Therefore it …

Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr

Mercer Law Review

This year saw the United States Court of Appeals for the Eleventh Circuit set the ground rules for collateral attacks on class settlements and elaborate on the predominance requirements for class certification. The court also considered the enforceability of a, variety of arbitration provisions in light of the United States Supreme Court's decision in AT&T Mobility LLC v. Concepcion and examined standing issues common in data security breach class actions.

Kryptonite For Cafa?, Adam N. Steinman

Faculty Scholarship

This essay — for the Review of Litigation’s symposium issue on the Class Action Fairness Act (CAFA) and accompanying panel at the 2013 annual meeting of the Association of American Law Schools — explores the tension between CAFA and the Erie doctrine. CAFA was designed to expand federal diversity jurisdiction over high-stakes state-law class actions and, thereby, allow federal judges to decide class certification pursuant to federal law. The Erie doctrine, by contrast, aims to discourage vertical forum shopping by requiring federal courts hearing state-law claims to follow state law. Put the two together, and the result could be that …

Contrition In The Courtroom: Do Apologies Affect Adjudication?, Jeffrey J. Rachlinski, Chris Guthrie, Andrew J. Wistrich

Cornell Law Faculty Publications

Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal defendants. Judges, however, routinely encounter apologies offered for instrumental reasons, such as to reduce a civil damage award or fine, or to shorten a criminal sentence. Frequent exposure to insincere apologies might make judges suspicious of or impervious to apologies. In a series of experimental studies with judges as research participants, we find that in some criminal settings, apologies can induce judges to be more lenient, but overall, apologizing to …

With Apologies To Paxton Blair, Peter B. Rutledge

Scholarly Works

Much has been written on the forum non conveniens doctrine, yet I nonetheless believe that recent developments in related areas still enable scholars to offer an original perspective on the subject. In this brief essay, I advance the following thesis: the forum non conveniens doctrine developed in response to a specific set of doctrines and specific social phenomena. The waning of some of those doctrines have diminished though not altogether eliminated the need for forum non conveniens, which always has had a suspect status following Erie’s declaration that there is “no federal general common law.” While it is most certainly …

Erie's International Effect: A Reply, Donald Earl Childress Iii

NULR Online

No abstract provided.

Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer

Indiana Journal of Law and Social Equality

No abstract provided.