Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64,
2013
Nevada Law Journal
Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64, Whitney E. Short
Nevada Supreme Court Summaries
The Court determined three issues: (1) whether the district court had the authority to dismiss the complaint pursuant to NRS 38.310;2 (2) whether the district court erred in dismissing all seven claims (preliminary/permanent injunction, negligence, breach of contract, violation of NAC 116.300,3 violation of NAC 116.341,4 violation of NRS 116.1113 and 116.3103, and slander of title/wrongful foreclosure/quiet title) subject to NRS 38.310; and (3) whether the district court erred in setting aside the default judgment against Design 3.2.
Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71,
2013
Nevada Law Journal
Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71, Patrick Opdyke
Nevada Supreme Court Summaries
The Court determined whether a district court order for judicial review of foreclosure mediation and remanding for further mediation is final and appealable, or whether it is not final and not appealable.
Footnote Online Supplement: State Truancy Law Compilation,
2013
University of Tennessee - Knoxville
Footnote Online Supplement: State Truancy Law Compilation, Dean H. Rivkin
College of Law Faculty Scholarship
This compilation of state truancy laws is being provided as a footnote supplement to the forthcoming article No Child Left Behind? Representing Youth and Families in Truancy Matters (2013) by Prof. Dean Hill Rivkin and Brenda McGee, of The Education Law Practicum at the University of Tennessee College of Law. It is an updated version of the laws listed in the Juvenile Law Center’s excellent amicus curiae brief in Bellevue School District v. E.S., Brief of Juvenile Law Center, et al., As Amicus Curiae on Behalf of Respondent, Bellevue Sch. Dist. v. E.S., 257 P.3d 570 (Wash. 2011) …
"Carving At The Joints": Using Issue Classes To Reframe Consumer Class Actions,
2013
University of Washington School of Law
"Carving At The Joints": Using Issue Classes To Reframe Consumer Class Actions, Jenna C. Smith
Washington Law Review
Achieving class certification in consumer litigation is a highly controversial and greatly debated area of civil procedure. Historically, certification under Federal Rule of Civil Procedure 23(b)(3) has been difficult to achieve due to the tension between the presence of individual issues and Rule 23(b)(3)’s predominance, superiority, and management considerations. The future of certification for Rule 23(b)(3) classes was further put in question with the United States Supreme Court’s landmark decision in Wal-Mart v. Dukes in 2011, which enhanced the level of scrutiny courts apply at the Rule 23(a) level of analysis. The Court’s 2013 decisions in Comcast Corp. v. Behrend …
Happy Anniversary To The Cplr: A Joint Achievement Of The Practicing Bar And The Academy,
2013
Elisabeth Haub School of Law at Pace University
Happy Anniversary To The Cplr: A Joint Achievement Of The Practicing Bar And The Academy, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
This September, we celebrated the 50th anniversary of the Civil Practice Law and Rules of New York State. The CPLR was the handiwork of the Advisory Committee on Practice and Procedure, appointed in 1955 by the New York State Temporary Commission on the Courts. Under the leadership of the Committee's reporter, then Columbia Law School Professor Jack B. Weinstein, the Committee members, which included former New York State Bar Association presidents Jackson Dykman and S. Hazard Gillespie, spent five years overhauling, revising and reforming the Civil Practice Act of 1920. This remarkable joint venture between the practicing bar and the …
The Teaching Of Procedure Across Common Law Systems,
2013
Osgoode Hall Law School of York University
The Teaching Of Procedure Across Common Law Systems, Erik S. Knutsen, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
Osgoode Hall Law Journal
What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems— the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained re flection has been carried out as to the import and impact of this longstanding …
Learning The 'How' Of The Law: Teaching Procedure And Legal Education,
2013
Osgoode Hall Law School of York University
Learning The 'How' Of The Law: Teaching Procedure And Legal Education, David Bamford, Trevor C. W. Farrow, Michael Karayanni, Erik S. Knutsen
Osgoode Hall Law Journal
This article examines the approaches to teaching civil procedure in five common law jurisdictions (Canada, Australia, United States, Israel, and England). The paper demonstrates the important transition of civil procedure from a vocational oriented subject to a rigorous intellectual study of policies, processes, and values underpinning our civil justice system, and analysis of how that system operates. The advantages and disadvantages of where civil procedure fits within the curriculum are discussed and the significant opportunities for ‘active’ learning are highlighted. The inclusion of England where civil procedure is not taught to any significant degree in the law degree provides a …
Thoughtful Practitioners And An Engaged Legal Community: The Impact Of The Teaching Of Procedure On The Legal Profession And On Civil Justice Reform,
2013
Osgoode Hall Law School of York University
Thoughtful Practitioners And An Engaged Legal Community: The Impact Of The Teaching Of Procedure On The Legal Profession And On Civil Justice Reform, Janet Walker, Andrew Higgins, Thomas D. Rowe Jr., Carla Crifò
Osgoode Hall Law Journal
What difference does the teaching of civil procedure as an academic subject make to the practice of law, to the professional community in which lawyers practice, and to civil justice reform? In this article, proceduralists from Canada, England and Wales, the United States and Australia analyze the broader implications of teaching civil procedure as an integral feature of an academic legal education rather than as a part of vocational training. They consider ways in which the approach taken to the teaching of procedure in their legal system has influenced the evolution of the profession during a decade of increased public …
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy,
2013
Osgoode Hall Law School of York University
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Beth Thornburg, Erik S. Knutsen, Carla Crifò, Camille Cameron
Osgoode Hall Law Journal
This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree—and in which procedure is recognized as a legitimate academic subject—have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of institutional support systems that …
Brief Of Amici Curiae In Support Of Appellant, James Townsend V. Midland Funding, Llc,
2013
AARP Foundation Litigation
Brief Of Amici Curiae In Support Of Appellant, James Townsend V. Midland Funding, Llc, Stuart Robert Cohen, Peter A. Holland
Court Briefs
The Consumer Protection Clinic of the University of Maryland Francis King Carey School of Law, filed a Motion to Participate and an Amicus Brief in the case of Townsend v. Midland Funding, LLC. The case presents the question of whether documents created by third party predecessors in interest—usually a bank—may be admitted into evidence when a debt buyer plaintiff does not demonstrate personal knowledge regarding any of the foundational elements which would be required to admit the documents under the business records exception to the hearsay rule. Amici urge the Court to overturn the lower court, and hold that a …
Summary Of Loeb V. First Judicial District Court, 129 Nev. Adv. Op. 62,
2013
Nevada Law Journal
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.
Summary Of Vanguard Piping V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 63,
2013
Nevada Law Journal
Summary Of Vanguard Piping V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 63, Allison Vitangeli
Nevada Supreme Court Summaries
The Court determined whether NRCP 16.1(a)(1)(D) compels disclosure of all insurance agreements, regardless of whether the primary policy limits exceed the amount of potential liability or whether the policies provide secondary coverage.
Discovering The Right To Criminal Disclosure: Lessons From Civil Procedure,
2013
Singapore Management University
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,
2013
Nevada Law Journal
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,
2013
Roger Williams University
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.
New Hampshire: Impact Of The Proportional Discovery/Automatic Disclosure (Pad) Pilot Rules,
2013
National Center for State Courts
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 …
Pleading And Access To Civil Justice: A Response To Twiqbal Apologists,
2013
William & Mary Law School
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 …
Electronic Data Discovery Sanctions: The Unmapped, Unwinding, Meandering Road, And The Courts’ Role In Steadying The Playing Field,
2013
University of San Diego
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,
2013
Office of the Comptroller of the Currency
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 County Of Clark V. Howard Hughes Co., Llc, 129 Nev. Adv. Op. 44,
2013
Nevada Law Journal
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.
