Open Access. Powered by Scholars. Published by Universities.®

Civil Procedure Commons™

Open Access. Powered by Scholars. Published by Universities.®

6,647 Full-Text Articles 5,067 Authors 6,989,047 Downloads 160 Institutions

All Articles in Civil Procedure

Faceted Search

6,647 full-text articles. Page 143 of 156.

Summary Of In Re Fontainebleau Las Vegas Holdings, 128 Nev. Adv. Op. 53, David H. Rigdon 2011 Nevada Law Journal

Summary Of In Re Fontainebleau Las Vegas Holdings, 128 Nev. Adv. Op. 53, David H. Rigdon

Nevada Supreme Court Summaries

The Court considered a motion to strike an appendix from the record in a pending certification case from the United States Bankruptcy Court.


Summary Of Sicor, Inc. V. Sacks, 127 Nev. Adv. Op. 81, Richard A. Andrews 2011 Nevada Law Journal

Summary Of Sicor, Inc. V. Sacks, 127 Nev. Adv. Op. 81, Richard A. Andrews

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order denying without prejudice and deferring a final ruling on a motion to change venue in a tort action.


Summary Of Sicor, Inc. V. Hutchinson, 127 Nev. Adv. Op. No. 82, Joseph Bowen 2011 Nevada Law Journal

Summary Of Sicor, Inc. V. Hutchinson, 127 Nev. Adv. Op. No. 82, Joseph Bowen

Nevada Supreme Court Summaries

An appeal of a district court order denying a motion for a change of venue in a tort action.


Securing Sovereign State Standing, Katherine Mims Crocker 2011 Texas A&M University School of Law

Securing Sovereign State Standing, Katherine Mims Crocker

Faculty Scholarship

There are three main categories of interests upon which states can premise standing to sue as plaintiffs in federal court - proprietary, sovereign, and quasi-sovereign interests. Proprietary and sovereign interests, this Note contends, are held independently by states qua states, whereas quasi-sovereign interests are derivative of citizens’ collective welfare interests. This Note attempts to correct the pervasive confusion clouding the boundary between sovereign and quasi-sovereign interests, arguing that they are meaningfully distinct and should be treated differently.

This argument is especially important in the context of the jurisdictional bar instituted by the Supreme Court in Massachusetts v. Mellon, which prohibits …


Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski 2011 University at Buffalo School of Law

Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski

Buffalo Law Review

No abstract provided.


Summary Of Choy V. Ameristar Casinos, Inc., 128 Nev. Adv. Op. 29, Rami Hernandez 2011 Nevada Law Journal

Summary Of Choy V. Ameristar Casinos, Inc., 128 Nev. Adv. Op. 29, Rami Hernandez

Nevada Supreme Court Summaries

The Court considers an appeal from a district court summary judgment in a tort action.


Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod 2011 Hirschler Fleischer, P.C., Richmond, Virginia.

Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod

University of Richmond Law Review

This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2010through June 2011 addressing civil procedure topics; significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during its 2011 session that relates to civil practice.


Rethinking Extraordinary Circumstances, Scott Dodson 2011 University of California Hastings College of Law

Rethinking Extraordinary Circumstances, Scott Dodson

Faculty Publications

This short essay for Northwestern University Law Review's Colloquy seeks to rationalize the "extraordinary circumstances" doctrine of Rue 60(b)(6) of the Federal Rules of Civil Procedure. The usual rule is that a movant for Rule 60(b)(6) relief must show extraordinary circumstances for that relief. Under the Ackermann rule (so named after the Supreme Court decision that spawned it), courts have held that any extraordinary circumstances cannot have been caused by the movant's own litigation conduct. I argue that the Ackermann rule, at its broadest, would be unjust to those litigants most in need of Rule 60(b)(6) relief and would overserve …


Is Legality Political?, Frederick Schauer 2011 William & Mary Law School

Is Legality Political?, Frederick Schauer

William & Mary Law Review

No abstract provided.


Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier 2011 Roger Williams University School of Law

Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier

Law Faculty Scholarship

The transnational class action-a class action in which a portion of the class consists of non-US claimants-is here to stay Defendants typically resist the certification of transnational class actions on the basis that such actions provide no assurance of finality for a defendant, as it will always be possible for a non-U.S. class member to initiate subsequent proceedings in a foreign court. In response to this concern, many U.S. courts will analyze whether the "home" courts of the foreign class members would accord res judicata effect to an eventual U.S. judgment prior to certifying a U.S. class action containing foreign …


Summary Of Francis V. Wynn Las Vegas, Llc, Nev. Adv. Op. No. 60, Amanda Ireland 2011 Nevada Law Journal

Summary Of Francis V. Wynn Las Vegas, Llc, Nev. Adv. Op. No. 60, Amanda Ireland

Nevada Supreme Court Summaries

An appeal from a district court summary judgment in a contract action.


Summary Of Emerson V. Dist. Ct., 127 Nev. Adv. Op. 61, Kendra Kisling 2011 Nevada Law Journal

Summary Of Emerson V. Dist. Ct., 127 Nev. Adv. Op. 61, Kendra Kisling

Nevada Supreme Court Summaries

An original petition for a writ of mandamus or prohibition challenging a district court order imposing sanctions on the petitioner, an attorney.


Guide To Non-Traditional Research Resources In Conflict Resolution, Civil Discourse, And Public Deliberation And Dialogue, Wiener-Rogers Law Library, University of Nevada, Las Vegas -- William S. Boyd School of Law 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Guide To Non-Traditional Research Resources In Conflict Resolution, Civil Discourse, And Public Deliberation And Dialogue, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Nevada Legal Research Guides / Reference Desk Guides

No abstract provided.


Pre-Service Removal In The Forum Defendant's Arsenal, Saurabh Vishnubhakat 2011 Texas A&M University School of Law

Pre-Service Removal In The Forum Defendant's Arsenal, Saurabh Vishnubhakat

Faculty Scholarship

This article is the first academic defense of pre-service removal in diversity cases by forum-state defendants under the “properly joined and served” language of 28 U.S.C. § 1441(b). Pre-service removal has proliferated nationally in recent years. Appellate courts, however, have been silent on the issue for two reasons: First, orders that remand a case to state court are statutorily non-reviewable on appeal. Second, cases retained in federal court and litigated to final judgment are highly unlikely, for reasons of judicial economy, to be voided for de novo readjudication in state court. After tracing the development of the removal statute and …


On Removal Jurisdiction's Unanimous Consent Requirements, Adam R. Prescott 2011 William & Mary Law School

On Removal Jurisdiction's Unanimous Consent Requirements, Adam R. Prescott

William & Mary Law Review

No abstract provided.


The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer 2011 William & Mary Law School

The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer

Faculty Publications

Although the Constitution vests the "Judicial Power" of the United States in the Supreme Court and in any inferior courts that Congress establishes, both Congress and the Court have long propounded the traditional view that the inferior courts may be deprived cognizance of some of the cases and controversies that fall within that power. Is this view fully consonant with the history and text of Article III? One possible reading of those sources suggests that the Constitution vests the full Judicial Power of the United States in the inferior federal courts, directly extending to them jurisdiction over matters that Congress …


Should "Twombly" And "Iqbal" Apply To Affirmative Defenses?, Nathan Pysno 2011 Vanderbilt University Law School

Should "Twombly" And "Iqbal" Apply To Affirmative Defenses?, Nathan Pysno

Vanderbilt Law Review

In 2007, the U.S. Supreme Court promulgated a new pleading standard in Bell Atlantic Corp. v. Twombly, specifically holding that complaints must state a claim to relief that is "plausible on its face." The Twombly decision retired the well-established and more lenient pleading regime that reigned since the Court's 1957 decision in Conley v. Gibson. Two years after Twombly, the Supreme Court confirmed in Ashcroft v. Iqbal that neither the reach of the new plausibility standard nor the death of Conley was exaggerated. "Labels and conclusions" are now insufficient, as are "naked assertions devoid of further factual enhancement" and "unadorned …


Summary Of Daane V. Dist. Ct., 127 Nev. Adv. Op. 59, Michelle Newman 2011 Nevada Law Journal

Summary Of Daane V. Dist. Ct., 127 Nev. Adv. Op. 59, Michelle Newman

Nevada Supreme Court Summaries

A writ of prohibition precluding further proceedings by Nevada’s Foreclosure Mediation Program was denied because the petitioner had an adequate remedy in the ordinary course of law.


Electronic Discovery In The Cloud, Alberto G. Araiza 2011 Duke Law

Electronic Discovery In The Cloud, Alberto G. Araiza

Duke Law & Technology Review

Cloud Computing is poised to offer tremendous benefits to clients, including inexpensive access to seemingly limitless resources that are available instantly, anywhere. To prepare for the shift from computing environments dependent on dedicated hardware to Cloud Computing, the Federal Rules of Discovery should be amended to provide relevant guidelines and exceptions for particular types of shared data. Meanwhile, clients should ensure that service contracts with Cloud providers include safeguards against inadvertent discoveries and mechanisms for complying with the Rules. Without these adaptations, clients will be either reluctant or unprepared to adopt Cloud Computing services, and forgo their benefits.


Limits Of Enforcement Of Intellectual Property Rights -- Injunctive Relief, Equity, And Misuse Of Rights, Marketa Trimble 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Limits Of Enforcement Of Intellectual Property Rights -- Injunctive Relief, Equity, And Misuse Of Rights, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented these materials at the 33rd Meeting of the German Society for Comparative Law (Gesellschaft für Rechtsvergleichung) in Trier, Germany, on September 16, 2011.


Digital Commons powered by bepress