Rule 37(A)'S Loser-Pays "Mandate": More Bark Than Bite,
2013
University of the Pacific, McGeorge School of Law
Rule 37(A)'S Loser-Pays "Mandate": More Bark Than Bite, Lindsey D. Blanchard
McGeorge School of Law Scholarly Articles
No abstract provided.
Patent Prudential Standing,
2013
University of Washington School of Law
Patent Prudential Standing, Xuan-Thao Nguyen
Articles
This Article is the first to focus on patent prudential standing. Patent prudential standing, a creation of the Federal Circuit, wastes precious resources and serves no sound policy goal. Under patent prudential standing, after many resources have been expended on the merits of a patent infringement case, parties face a reversal of course by the Federal Circuit’s ruling that the plaintiff, typically the exclusive licensee in a patent transaction, lacked standing to bring the case in the first place. Regardless that the plaintiff satisfies constitutional standing, the Federal Circuit propounds that the plaintiff must still meet patent prudential standing. The …
Drafting Arbitration Agreements: A Practioner's Guide For Consumer Credit Contracts,
2013
University of Maryland Francis King Carey School of Law
Drafting Arbitration Agreements: A Practioner's Guide For Consumer Credit Contracts, Nicole F. Munro, Peter L. Cockrell
Journal of Business & Technology Law
No abstract provided.
Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502,
2013
University of Oklahoma College of Law
Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter
Faculty Articles
No abstract provided.
A Jurisdictional Perspective On New York Times V. Sullivan,
2013
FIU College of Law
A Jurisdictional Perspective On New York Times V. Sullivan, Howard M. Wasserman
Faculty Publications
New York Times v. Sullivan, arguably the Supreme Court's most significant First Amendment decision, marks its fiftieth anniversary next year. Often overlooked in discussions of the case's impact on the freedom of speech and freedom of the press is that it arose from a complex puzzle of constitutional, statutory, and judge-made jurisdictional and procedural rules. These kept the case in hostile Alabama state courts for four years and a half-million-dollar judgment before the Times and its civil rights leader co-defendants finally could avail themselves of the structural protections of federal court and Article III judges. The case's outcome and …
The Global Chase: Seeking The Recognition And Enforcement Of The Lago Agrio Judgment Outside Of Ecuador,
2013
Florida International University College of Law
The Global Chase: Seeking The Recognition And Enforcement Of The Lago Agrio Judgment Outside Of Ecuador, Manuel A. Gómez
Faculty Publications
No abstract provided.
Building A Taxonomy Of Litigation: Clusters Of Causes Of Action In Federal Complaints,
2013
Washington University School of Law
Building A Taxonomy Of Litigation: Clusters Of Causes Of Action In Federal Complaints, Christina L. Boyd, David A. Hoffman, Zoran Obradovic, Kosta Ristovski
Scholarship@WashULaw
This project empirically explores civil litigation from its inception by examining the content of civil complaints. We utilize spectral cluster analysis on a newly compiled federal district court dataset of causes of action in complaints to illustrate the relationship of legal claims to one another, the broader composition of lawsuits in trial courts, and the breadth of pleading in individual complaints. Our results shed light not only on the networks of legal theories in civil litigation but also on how lawsuits are classified and the strategies that plaintiffs and their attorneys employ when commencing litigation. This approach permits us to …
Litigating Toward Settlement,
2013
Washington University in St. Louis School of Law
Litigating Toward Settlement, Christina L. Boyd, David A. Hoffman
Scholarship@WashULaw
Civil litigation typically ends when the parties compromise. While existing theories of settlement primarily focus on information exchange, we instead examine how motion practice, especially non-discovery motions, can substantially shape parties’ knowledge about their cases and thereby influence the timing of settlement. Using docket-level federal district court data, we find a number of strong effects regarding how motions can influence this process, including that the filing of a motion significantly speeds case settlement, that granted motions are more immediately critical to settlement timing than motions denied, and that plaintiff victories have a stronger effect than defendant victories. These results provide …
Edward Cooper As Curator Of The Civil Rules,
2013
UC Hastings College of the Law
Edward Cooper As Curator Of The Civil Rules, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Professor Edward Cooper: The Quintessential Reporter,
2013
UC Hastings College of the Law
Professor Edward Cooper: The Quintessential Reporter, Mary Kay Kane
Faculty Scholarship
No abstract provided.
“The [Judicial] Beatings Will Continue Until Morale Improves”: The Prisoner's Dilemma Of Cooperative Discovery And Proposals For Improved Morale,
2013
Duke Law School
“The [Judicial] Beatings Will Continue Until Morale Improves”: The Prisoner's Dilemma Of Cooperative Discovery And Proposals For Improved Morale, Paul W. Grimm, Heather Leigh Williams
Faculty Scholarship
No abstract provided.
Brief Of Professor Stephen E. Sachs As Amicus Curiae In Support Of Neither Party,
2013
Duke Law School
Brief Of Professor Stephen E. Sachs As Amicus Curiae In Support Of Neither Party, Stephen E. Sachs
Faculty Scholarship
The parties in this case defend two sides of a many-sided circuit split. This brief argues that a third view is correct.
If a contract requires suit in a particular forum, and the plaintiff sues somewhere else, how may the defendant raise the issue? Petitioner Atlantic Marine Construction Company suggests a motion under Federal Rule of Civil Procedure 12(b)(3) or 28 U.S.C. § 1406, on the theory that the contract renders venue improper. Respondent J-Crew Management, Inc. contends that venue remains proper, and that the defendant¹s only remedy is a transfer motion under § 1404.
Both sides are wrong. Forum-selection …
Protect Yourself: Why The Eleventh Circuit's Approach To Sanctions For Protective Order Violations Fails Litigants,
2013
University of Georgia School of Law
Protect Yourself: Why The Eleventh Circuit's Approach To Sanctions For Protective Order Violations Fails Litigants, Adam J. Fitzsimmons
Georgia Law Review
Litigants commonly struggle to balance the need to comply with discovery requests and the desire to protect valuable trade secrets. Protective orders to help strike that balance. Questions arise, however, when one of the parties violates that protective order and discloses the opponent's confidential information. Chiefly, what remedies are available for a party whose invaluable intellectual property has been disclosed? At least one circuit has held the most common sanction, payment of attorney's fees, is unavailable for a violation of a protective order. Generally, Federal Rule of Civil Procedure 37(b)(2) governs sanctions for violations of discovery orders, but the text …
They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act,
2013
Duke Law School
They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal, Anthomy J. Scricia
Faculty Scholarship
No abstract provided.
Protecting The Right Of Citizens To Aggregate Small Claims Against Businesses,
2013
Duke Law School
Protecting The Right Of Citizens To Aggregate Small Claims Against Businesses, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Twelve-Person Federal Civil Jury In Exile,
2013
Duke Law School
Twelve-Person Federal Civil Jury In Exile, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
Erie's International Effect,
2012
Northwestern Pritzker School of Law
Summary Of Beazer Homes Holding Corp. V. Dist. Ct., 128 Nev. Adv. Op. 66,
2012
Nevada Law Journal
Summary Of Beazer Homes Holding Corp. V. Dist. Ct., 128 Nev. Adv. Op. 66, Jamie Stilz-Outlaw
Nevada Supreme Court Summaries
The Court considered the ability of a homeowners’ association (HOA) to litigate construction-defect claims on behalf of its members’ homes under NRS 116.3102(1)(d) without fulfilling NRCP 23 class action requirements.
Summary Of Butwinick V. Hepner, 128 Nev. Adv. Op. 65,
2012
Nevada Law Journal
Summary Of Butwinick V. Hepner, 128 Nev. Adv. Op. 65, Robert Stewart
Nevada Supreme Court Summaries
The Court considered Respondents’ motion to substitute themselves as the real parties in interest after acquiring Appellants’ rights and interests in the underlying district court action at a judgment execution sale, and to dismiss Appellants’ appeal from a district court order.
Summary Of Casey V. Wells Fargo Bank, N.A., 128 Nev. Adv. Op. No. 64,
2012
Nevada Law Journal
Summary Of Casey V. Wells Fargo Bank, N.A., 128 Nev. Adv. Op. No. 64, Casey Seale
Nevada Supreme Court Summaries
An appeal of a motion to confirm an arbitration award that the Court summarily granted without reviewing the arbitration record and without giving the nonmovant an opportunity to file an opposition to the motion.
