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All Articles in Civil Procedure

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6,647 full-text articles. Page 131 of 156.

Rule 37(A)'S Loser-Pays "Mandate": More Bark Than Bite, Lindsey D. Blanchard 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, Xuan-Thao Nguyen 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, Nicole F. Munro, Peter L. Cockrell 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, Liesa L. Richter 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, Howard M. Wasserman 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, Manuel A. Gómez 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, Christina L. Boyd, David A. Hoffman, Zoran Obradovic, Kosta Ristovski 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, Christina L. Boyd, David A. Hoffman 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, Geoffrey C. Hazard Jr. 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, Mary Kay Kane 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, Paul W. Grimm, Heather Leigh Williams 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, Stephen E. Sachs 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, Adam J. Fitzsimmons 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, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal, Anthomy J. Scricia 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, Paul D. Carrington 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, Thomas D. Rowe Jr. 2013 Duke Law School

Twelve-Person Federal Civil Jury In Exile, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Erie's International Effect, Michael Steven Green 2012 Northwestern Pritzker School of Law

Erie's International Effect, Michael Steven Green

NULR Online

No abstract provided.


Summary Of Beazer Homes Holding Corp. V. Dist. Ct., 128 Nev. Adv. Op. 66, Jamie Stilz-Outlaw 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, Robert Stewart 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, Casey Seale 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.


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