Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Summary Of In Re Nevada State Engineer Ruling No. 5823, 129 Nev. Adv. Op. No 22,
2012
Nevada Law Journal
Summary Of In Re Nevada State Engineer Ruling No. 5823, 129 Nev. Adv. Op. No 22, Alan R. Smith
Nevada Supreme Court Summaries
Appeal from a district court decision dismissing a petition for judicial review of the State Engineer’s ruling in a water rights action for lack of subject matter jurisdiction.
Summary Of Club Vista Financial Servs. V. Dist. Ct., 128 Nev. Adv. Op. No. 21,
2012
Nevada Law Journal
Summary Of Club Vista Financial Servs. V. Dist. Ct., 128 Nev. Adv. Op. No. 21, Cameron M. Daw
Nevada Supreme Court Summaries
The Court considered what circumstances are necessary to allow for the deposition of an opposing party’s former attorney during discovery. The Court balanced the competing interests of discovering vital information to a litigant’s case and the importance of the attorney-client privilege.
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials,
2012
Pepperdine University
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz
Pepperdine Law Review
No abstract provided.
Annexation Of The Jury's Role In Res Judicata Disputes: The Silent Migration From Question Of Fact To Question Of Law,
2012
Cornell Law School
Annexation Of The Jury's Role In Res Judicata Disputes: The Silent Migration From Question Of Fact To Question Of Law, Steven J. Madrid
Cornell Law Library Cantwell Prize for Exemplary Student Research Papers
When the application of res judicata involves factual disputes, the jury must be the judicial actor to resolve these discrepancies. The fact-law distinction, which gives questions of fact to the jury and questions of law to the judge, has guided American courts for hundreds of years. From the time of the adoption of the Seventh Amendment until the end of the nineteenth century, courts have viewed res judicata disputes as factual determinations within the province of the jury.The migration from question of fact to question of law in the twentieth century lacked any proffered legal justification, and even as the …
Excessive Or Warranted? The Unshackling Of Discovery Sanctions In Lee V. Max International, Llc,
2012
Brigham Young University Law School
Excessive Or Warranted? The Unshackling Of Discovery Sanctions In Lee V. Max International, Llc, Daniel S. Mehr Iii
BYU Law Review
No abstract provided.
The Lay Of The Land: Examining The Three Opinions In J. Mcintyre Machinery, Ltd. V. Nicastro,
2012
Texas A&M University School of Law
The Lay Of The Land: Examining The Three Opinions In J. Mcintyre Machinery, Ltd. V. Nicastro, Adam N. Steinman
Faculty Scholarship
It was a long time coming. The Supreme Court's decisions last Term in J. McIntyre Machinery, Ltd. v. Nicastro and Goodyear Dunlop Tires Operations, S.A. v. Brown ended a two-decade high-court hiatus from the subject of personal jurisdiction. In McIntyre, the more controversial of the two, the Court concludes that New Jersey state courts lacked jurisdiction over a British manufacturer in a suit by a New Jersey plaintiff who was injured in New Jersey by a machine purchased by his New Jersey employer. McIntyre lacks a majority opinion, however. Instead we have a four-Justice plurality authored by Justice Kennedy, a …
Mass Torts And Due Process,
2012
Vanderbilt University Law School
Mass Torts And Due Process, Sergio J. Campos
Vanderbilt Law Review
As the old saying goes, hard cases make bad law. But hard cases also reveal the limits of legal doctrine. In this Article, I turn to a class of hard cases--mass torts--to rethink the law of procedural due process under the Due Process Clause. Mass torts have long perplexed courts and scholars. They include torts caused by asbestos and other toxic chemicals, pharmaceuticals, oil spills, and other mass-produced products and services. The plaintiffs not only suffer significant injuries, but the sheer number of plaintiffs, each with claims that raise unique fact and legal issues, stretch judicial resources to the limit. …
De-Frauding The System: Sham Plaintiffs And The Fraudulent Joinder Doctrine,
2012
University of Michigan Law School
De-Frauding The System: Sham Plaintiffs And The Fraudulent Joinder Doctrine, Matthew C. Monahan
Michigan Law Review
Playing off the strict requirements of federal diversity jurisdiction, plaintiffs can structure their suits to prevent removal to federal court. A common way to preclude removability is to join a nondiverse party. Although plaintiffs have a great deal of flexibility, they may include only those parties that have a stake in the lawsuit. Put another way, a court will not permit a plaintiff to join a party to a lawsuit when that party is being joined solely to prevent removal. The most useful tool federal courts employ to prevent this form of jurisdictional manipulation is Federal Rule of Civil Procedure …
Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts,
2012
Singapore Management University
Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts, Joyce Low, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This article traces the development of court ADR programmes in the SubordinateCourts for civil disputes. It also discusses the implications of a recent PracticeDirection introducing a “Presumption of ADR”.
Summary Of Jones V. Suntrust Mortgage, Inc., 128 Nev. Adv. Op. 18,
2012
Nevada Law Journal
Summary Of Jones V. Suntrust Mortgage, Inc., 128 Nev. Adv. Op. 18, Rami Hernandez
Nevada Supreme Court Summaries
An appeal from a district court order denying judicial review in a foreclosure mediation matter.
Redefining Summary Judgment By Statute: Has The General Assembly Overruled The Tennessee Supreme Court’S Decision In Hannan?,
2012
Lincoln Memorial University
Redefining Summary Judgment By Statute: Has The General Assembly Overruled The Tennessee Supreme Court’S Decision In Hannan?, Matthew Lyon, Judy Cornett
College of Law Faculty Scholarship
No abstract provided.
Addressing The "Elephantine Mass" Of Asbestos Cases: Consolidation Versus Inactive Dockets (Pleural Registries) And Case Management Plans That Defer Claims Filed By The Non-Sick,
2012
Pepperdine University
Addressing The "Elephantine Mass" Of Asbestos Cases: Consolidation Versus Inactive Dockets (Pleural Registries) And Case Management Plans That Defer Claims Filed By The Non-Sick, Victor E. Schwartz, Mark A, Behrens, Rochelle M. Tedesco
Pepperdine Law Review
No abstract provided.
Merging Roles: Mass Tort Lawyers As Agents And Trustees,
2012
Pepperdine University
Merging Roles: Mass Tort Lawyers As Agents And Trustees, Charles Silver
Pepperdine Law Review
No abstract provided.
Asbestos Litigation And Bankruptcy: A Case Study For Ad Hoc Public Policy Limitations On Joint And Several Liability,
2012
Pepperdine University
Asbestos Litigation And Bankruptcy: A Case Study For Ad Hoc Public Policy Limitations On Joint And Several Liability, Richard L. Cupp Jr
Pepperdine Law Review
Over a decade ago, the Federal Judicial Conference warned of an asbestos litigation “disaster of major proportions.” The Supreme Court of the United States has described the litigation as a “crisis.” According the RAND Institute for Civil Justice, by the end of 2000, more than 600,000 asbestos claims were filed. RAND estimates that as many as three million more plaintiffs may eventually file claims. Most new claimants are not sick. The flood of claims has forced almost sixty companies into bankruptcy; many of these bankruptcies are very recent. As a result, defendants with only remote connections to asbestos – known …
Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation,
2012
Pepperdine University
Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton
Pepperdine Law Review
No abstract provided.
Judicial Efficiency In Asbestos Litigation,
2012
Pepperdine University
Judicial Efficiency In Asbestos Litigation, Alfred Chiantelli
Pepperdine Law Review
No abstract provided.
The State Of Arbitral Fees After Green Tree Financial: Uncertainty And Contradiction Demands Further Guidance From The Supreme Court,
2012
Pepperdine University
The State Of Arbitral Fees After Green Tree Financial: Uncertainty And Contradiction Demands Further Guidance From The Supreme Court, Kevin C. Clark
Pepperdine Dispute Resolution Law Journal
There are millions of employees in America who work every day without regard to the technical and seemingly mundane matters that govern their employment. What they don't realize however, is that their employment may be governed by an arbitration agreement. The terms of the arbitration agreement may be unclear until a dispute arises. This is particularly applicable in the area of arbitral fees, where there is a split among United States Courts of Appeals when addressing the issue of who should pay the fees arising from the arbitration of employment disputes. This fissure in American jurisprudence is the subject of …
Reframing The Dilemma Of Contractually Expanded Judicial Review: Arbitral Appeal Vs. Vacatur ,
2012
Pepperdine University
Reframing The Dilemma Of Contractually Expanded Judicial Review: Arbitral Appeal Vs. Vacatur , Eric Van Ginkel
Pepperdine Dispute Resolution Law Journal
The Federal Arbitration Act ("FAA") of 1925 was created to ensure enforceability of agreements to arbitrate. The FAA is the centerpiece of the federal arbitration policy as construed by the Supreme Court. Section 10(a) FAA enumerates grounds on which an arbitral award can be set aside. The central issue discussed herein is whether parties can agree by contract to allow one of the parties to initiate review of the arbitral award by a court that would otherwise have jurisdiction over those parties, or whether the court's powers are somehow limited to the grounds for vacatur enumerated in Section 10(a) FAA. …
Summary Of Mountain View Hospital V. Dist. Ct., 128 Nev. Adv. Op. No. 17,
2012
Nevada Law Journal
Summary Of Mountain View Hospital V. Dist. Ct., 128 Nev. Adv. Op. No. 17, Kendra Kisling
Nevada Supreme Court Summaries
The Court considered petitions for a writ of mandamus or prohibition challenging the district court’s denial of a motion to dismiss a medical malpractice action for the plaintiffs’ failure to comply with NRS 41A.071.
