Civil Procedure Commons^™

"Your Honor What I Meant To State Was . . .": A Comparative Analysis Of The Judicial And Evidentiary Admission Doctrines As Applied To Counsel Statements In Pleadings, Open Court, And Memoranda Of Law, Ediberto Roman

Pepperdine Law Review

No abstract provided.

The After-Acquired Evidence Doctrine: A Dubious Defense In Employment Discrimination Cases, Kenneth R. Davis

Pepperdine Law Review

No abstract provided.

Recovered Memories, Extended Statutes Of Limitations And Discovery Exceptions In Childhood Sexual Abuse Cases: Have We Gone Too Far?, Jorge L. Carro, Joseph V. Hatala

Pepperdine Law Review

No abstract provided.

Civil Practice And Procedure, Andrew P. Sherrod

University of Richmond Law Review

This article surveys recent and significant developments in Virginia civil practice and procedure. Specifically, the article discusses selected opinions of the Supreme Court of Virginia from September 2011 through June 2012, addressing new or meaningful civil procedure topics; significant amendments to the Rules of the Supreme Court ofVirginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during the 2012 session that relates to civil practice.

Financiers As Monitors In Aggregate Litigation, Elizabeth Chamblee Burch

Scholarly Works

This Article identifies a market-based solution for monitoring large-scale litigation proceeding outside of Rule 23’s safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever increasing restrictions on certifying a class mean that plaintiffs’ lawyers routinely rely on aggregate, multidistrict litigation to seek redress for group-wide harms. Despite sharing key features with its class action counterpart—such as attenuated attorney-client relationships, attorneyclient conflicts of interest, and high agency costs—no monitor exists in aggregate litigation. Informal group litigation not only lacks Rule 23’s judicial protections against attorney overreaching and self-dealing, but plaintiff’s themselves cannot adequately supervise their attorneys’ behavior. …

The Case Against Combating Bittorrent Piracy Through Mass John Doe Copyright Infringement Lawsuits, Sean B. Karunaratne

Michigan Law Review

Today, the most popular peer-to-peer file-sharing medium is the BitTorrent protocol. While BitTorrent itself is not illegal, many of its users unlawfully distribute copyrighted works. Some copyright holders enforce their rights by suing numerous infringing BitTorrent users in a single mass lawsuit. Because the copyright holder initially knows the putative defendants only by their IP addresses, it identifies the defendants anonymously in the complaint as John Does. The copyright holder then seeks a federal court's permission to engage in early discovery for the purpose of learning the identities behind the IP addresses. Once the plaintiff knows the identities of the …

Two-Way Fee Shifting On Summary Judgment Or Dismissal: An Equitable Deterrent To Unmeritorious Lawsuits, Lorraine Wright Feuerstein

Pepperdine Law Review

No abstract provided.

Populism, Politics, And Procedure: The Saga Of Summary Judgment And The Rulemaking Process In California, Glenn S. Koppel

Pepperdine Law Review

The California Constitution gives the primary power to promulgate rules of civil procedure for the state courts to the legislature and the people, leaving the state’s Judicial Council with residual, or secondary, authority to adopt rules of procedure and court administration “when and where the higher authority of the Legislature and the people has not been exercised.” This Article demonstrates how this legislative rulemaking process, referred to herein as “legislative primacy,” does not work because, as of the writing of this article in 1997, it produced ineffective statutory summary judgment law.

Medtronic, Inc. V. Lohr: Is Federal Pre-Emption A Heartbeat Away From Death Under The Medical Device Amendments?, Mark E. Gelsinger

Pepperdine Law Review

No abstract provided.

The Legal World Wide Web: Electronic Personal Jurisdiction In Commercial Litigation, Or How To Expose Yourself To Liability Anywhere In The World With The Press Of A Button, Robert M. Harkins Jr.

Pepperdine Law Review

No abstract provided.

Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii

Pepperdine Law Review

No abstract provided.

The Invisibility Of Jurisdictional Procedure And Its Consequences, Justin R. Pidot

Florida Law Review

Modern standing doctrine has been the subject of substantial scholarly inquiry. Critics charge that it allows judges to resolve cases based on their own ideologies, favoring corporations over individuals and those who harm over those harmed. The doctrine likewise disserves social justice, preventing adjudication of indisputably meritorious claims. Yet the focus on the substance of standing doctrine has obscured an equally significant impediment to justice created by the procedures that judges use to adjudicate questions of standing and subject matter jurisdiction generally. The unusual dimensions of jurisdictional procedure have largely escaped notice. This Essay interrogates the history and context of …

Nineteenth Century Personal Jurisdiction Doctrine In A Twenty-First Century World, Charles W. "Rockey" Rhodes

Florida Law Review

The initial twenty-first century personal jurisdiction decisions from the Supreme Court reveal that personal jurisdiction doctrine has not changed much since the nineteenth century. The nomenclature has changed, realism has replaced formalism, some fictions purportedly have been discarded, and the adjudicatory reach of courts has somewhat expanded, but the doctrine retains the same conceptual core-the social contract philosophical tradition limiting the scope of governmental authority to those establishing the requisite relationship with the sovereign.

I first overview jurisdictional doctrine from the nineteenth and early twentieth centuries. This revisionist account illustrates that International Shoe—especially considered in light of its progeny—is not …

Identity Crisis: Class Certification, Aggregate Proof, And How Rule 23 May Be Self-Defeating The Policy For Which It Was Established, J. Britton Whitbeck

Pace Law Review

Class actions suits developed in the United States as a form of “group litigation,” an alternative to the impracticability or inequities of separate, individual actions of a similarly situated class of plaintiffs and, eventually, defendants. Congressional passage of the Class Action Fairness Act of 2005 (CAFA) provided the federal courts with expounded diversity jurisdiction for the purpose of “assur[ing] fairer outcomes for class members and defendants.” However, recent circuit splits regarding class certification under Rule 23 of the Federal Rules of Civil Procedure (FRCP) and the use of aggregate proof in certifying classes have, in an ironic twist of legal …

Travel Abroad, Sue At Home 2012: Forum Non Conveniens & The Enforcement Of Forum Selection And Mandatory Arbitration Clauses, Thomas A. Dickerson

Pace Law Review

A common litigation strategy is to sue in the U.S. in federal or state court against a solvent defendant subject to long-arm jurisdiction and the application of U.S. common law or statutory law. Such cases raise a variety of complex liability and procedural issues including liability shifting, jurisdiction, forum non conveniens, and choice of law. This Article will identify various types of travel accidents abroad, and discuss the doctrine of forum non conveniens and the enforceability of forum selection and mandatory arbitration clauses in travel consumer contracts.

Trial Bench Views: Iaals Report On Findings From A National Survey On Civil Procedure, Corina Gerety

Pace Law Review

In the spring of 2010, the Institute for the Advancement of the American Legal System (“IAALS”) collected survey data on the American civil justice system from state and federal judges throughout the United States, as part of a joint effort with Northwestern University School of Law’s Searle Center on Law, Regulation, and Economic Growth (“Searle Center”). This report sets forth the collective opinions of respondent judges, as they bear on civil reform proposals developed by IAALS and the American College of Trial Lawyers Task Force on Discovery and Civil Litigation (“ACTL Task Force”).

Social Media And Ediscovery: Emerging Issues, Adam Cohen

Pace Law Review

Courts, as well as private sector and government policymakers, have only just begun to address the practical litigation issues raised by the proliferation of social media channels and content. This Article comments on some of those issues as they relate to electronic discovery (“eDiscovery”) and examines how they have been approached in emerging case law. It does not address proposed legislation on a domestic and international level that may impact social media’s use in litigation, nor does it purport to be in any way comprehensive in its coverage of developments and potential developments in the legal implications of social media.

Googling Jurors To Conduct Voir Dire, J. C. Lundberg

Washington Journal of Law, Technology & Arts

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is …

Trial-Court Discretion: Its Exercise By Trial Courts And Its Review By Appellate Courts, Joseph T. Sneed

The Journal of Appellate Practice and Process

No abstract provided.

The Attorney Signature Block On A Brief: A Jumping - Off Point For Discussing Ethics With Students, Heidi K. Brown

Other Publications

No abstract provided.