Summary Of Schiff V. Winchell, 126 Nev. Adv. Op. No. 32,
2010
Nevada Law Journal
Summary Of Schiff V. Winchell, 126 Nev. Adv. Op. No. 32, Amy Kominsky
Nevada Supreme Court Summaries
The Court determined whether the pre-judgment interest rate is calculated based the date of the original judgment or the date of affirmation on appeal.
Summary Of Quinlan V. Camden Usa Inc., 126 Nev. Adv. Op. No. 30,
2010
Nevada Law Journal
Summary Of Quinlan V. Camden Usa Inc., 126 Nev. Adv. Op. No. 30, Zachary Lowe
Nevada Supreme Court Summaries
Appeal from district court’s award of attorney fees and costs in favor of Camden pursuant to a rejected offer of judgment on behalf of Quinlan. The Court decided whether Nevada would adopt an implied consent to service by facsimile for an offer of judgment under NRS 17.115 and NRCP 68.M
In Re Est. Of Sure Chief, No. 2009-P-20 (Blkft. Tr. Ct. App., Jul. 1, 2010).,
2010
University of Montana
In Re Est. Of Sure Chief, No. 2009-P-20 (Blkft. Tr. Ct. App., Jul. 1, 2010)., Blackfeet Appellate Court
Court Decisions
Court of Appeals held that petitioner could not appeal the appointment of personal representative for her mother’s estate until she had exhausted her remedies at the Lower Court “with verification of how her rights have been violated.”
Trial Practice And Procedure,
2010
Mercer University School of Law
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Mercer Law Review
The 2009 survey period yielded several noteworthy decisions relating to federal trial practice and procedure in the United States Court of Appeals for the Eleventh Circuit, several of which involved issues of first impression. This Article analyzes several recent developments in the Eleventh Circuit, including significant rulings in the areas of civil procedure, subject matter jurisdiction, arbitration, and statutory interpretation.
When Is An Alternative Forum Available - Rethinking The Forum Non Conveniens Analysis,
2010
University of Miami School of Law
When Is An Alternative Forum Available - Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels
Articles
No abstract provided.
Cy Pres Relief And The Pathologies Of The Modern Class Action: A Normative And Empirical Analysis,
2010
Boston University School of Law
Cy Pres Relief And The Pathologies Of The Modern Class Action: A Normative And Empirical Analysis, Martin H. Redish, Peter Julian, Samantha Zyontz
Faculty Scholarship
Since the mid 1970s, federal courts have taken the doctrine of cy pres relief from the venerable law of trusts and adapted it for use in the modern class action proceeding. In its original context, cy pres was utilized as a means of judicially designating a charitable recipient when, for whatever reason, it was no longer possible to fulfill the original goal of the maker of the trust. The purpose of cy pres was to provide “the next best relief” by finding a recipient who would resemble the original donor’s recipient as much as possible. In the context of class …
Interregional Recognition And Enforcement Of Civil And Commercial Judgments: Lessons For China From Us And Eu Laws,
2010
Duke Law School
Interregional Recognition And Enforcement Of Civil And Commercial Judgments: Lessons For China From Us And Eu Laws, Jie Huang
Duke Law SJD Dissertations
Judgment recognition and enforcement (JRE) between US sister states, between EU member states, and between Mainland China, Hong Kong, and Macao, are in the category of “interregional JRE.” This Dissertation is a comparative study and focuses on what lessons China can draw from the US and the EU to develop a Multilateral JRE Arrangement between Mainland China, Hong Kong, and Macao.
In Re Marriage Of Blackman And Blackman, 2008-Ca-100 (Blkft. Tr. Ct. App., Jun. 15, 2010),
2010
University of Montana
In Re Marriage Of Blackman And Blackman, 2008-Ca-100 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court held that Blackfeet Law and Order Code, Chapter 11 only allows appeal from final judgment. Because no final judgment had been rendered by the lower court, the appeal was without merit.
Tribe V. Marceau, 2010-Ap-05 (Blkft. Tr. Ct. App., Jun. 15, 2010),
2010
University of Montana
Tribe V. Marceau, 2010-Ap-05 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court
Court Decisions
In a brief order, the Blackfeet Tribal Court of Appeals held that the Tribe could not appeal the trial court judge’s verdict of not guilty due to lack of evidence. The Court cited to Chapter 11 Sec. 11-A of the Blackfeet Tribal Law and Order Code, which limits the circumstances in which the Tribe can appeal in a criminal case. Sec. 11-B, which outlines the circumstances when the Tribe can appeal in a criminal case, does not provide that the Tribe can appeal a not guilty verdict.
Summary Of Polk V. Nevada, 126 Nev. Adv. Op. No. 19,
2010
Nevada Law Journal
Summary Of Polk V. Nevada, 126 Nev. Adv. Op. No. 19, John L. Ward
Nevada Supreme Court Summaries
No abstract provided.
Do Class Action Lawyers Make Too Little?,
2010
Vanderbilt University Law School
Do Class Action Lawyers Make Too Little?, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
Class action lawyers are some of the most frequently derided players in our system of civil litigation. It is often asserted that class action lawyers take too much from class judgments as fees, that class actions are little more than a device for the lawyers to enrich themselves at the expense of the class. In this Article, I argue that some of this criticism of class action lawyers is misguided. In particular, I perform a normative examination of fee percentages in class action litigation using the social-welfarist utilitarian account of litigation known as deterrence-insurance theory. I argue that in perhaps …
Summary Of In Re Sandoval, 126 Nev. Adv. Op. No. 15,
2010
Nevada Law Journal
Summary Of In Re Sandoval, 126 Nev. Adv. Op. No. 15, Amy Kominsky
Nevada Supreme Court Summaries
This case is a certified question that originates from the United States Bankruptcy Court for the District of Nevada to determine whether a default judgment entered for failure to respond to a valid complaint has issue preclusive effects.
Ashcroft In A Defendant's Wonderland: Redefined Pleading Standards In Ashcroft V. Iqbal,
2010
Mercer University School of Law
Ashcroft In A Defendant's Wonderland: Redefined Pleading Standards In Ashcroft V. Iqbal, Cassidy M. Flake
Mercer Law Review
The United States Supreme Court's decision in Ashcroft v. Iqbal is the Court's awaited clarification of its earlier decision in Bell Atlantic Corp. v. Twombly. In the wake of Twombly, courts and commentators debated its application to cases other than antitrust disputes. The Court announced in Iqbal that the Twombly complaint requirement of facial plausibility applies to all civil actions filed in federal court, not just antitrust cases. Accordingly, Iqbal currently governs the standards by which all plaintiffs in federal court must draft complaints to state a legally sufficient claim for relief and survive a defendant's motion to …
The Pleading Problem,
2010
Texas A&M University School of Law
The Pleading Problem, Adam N. Steinman
Faculty Scholarship
Federal pleading standards are in crisis. The Supreme Court's recent decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal have the potential to upend civil litigation as we know it. What is urgently needed is a theory of pleading that can bring Twombly and Iqbal into alignment with the text of the Federal Rules of Civil Procedure and a half-century worth of Supreme Court precedent, while providing a coherent methodology that preserves access to the courts and allows pleadings to continue to play their appropriate role in the adjudicative process. This Article provides that theory. It develops a …
The Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal,
2010
Brooklyn Law School
The Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin J. Effron
Faculty Scholarship
No abstract provided.
Did The Madisonian Compromise Survive Detention At Guantanamo?,
2010
University of Missouri - Kansas City, School of Law
Did The Madisonian Compromise Survive Detention At Guantanamo?, Lumen N. Mulligan
Faculty Works
In this essay, I take up the Court’s less heralded second holding in Boumediene v. Bush - that a federal habeas court must have the institutional capacity to find facts, which in Boumediene itself meant that a federal district court must be available to the petitioners. Although this has gone largely unnoticed, I contend that this holding is inconsistent with the Madisonian Compromise - the standard view that the Constitution does not require jurisdiction in any federal court, except the Supreme Court. In fact, it appears that the Court adopted Justice Story’s position that the Constitution requires vesting of jurisdiction …
The Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal,
2010
William & Mary Law School
The Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin J. Effron
William & Mary Law Review
Two recent Supreme Court cases have stirred the world of pleading civil litigation. Bell Atlantic Corp. v. Twombly introduced the concept of “plausibility pleading” in which the plaintiff is required to plead facts sufficient to suggest that the claim for relief is “plausible,” and Ashcroft v. Iqbal affirmed that the plausibility standard applies to all aspects of a complaint subject to Rule 8(a) of the Federal Rules of Civil Procedure. This Article examines the consequences of the plausibility standard for pleadings in complex litigation cases. The Article argues that it is unacceptable to automatically equate the existence of a class …
Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal,
2010
Brooklyn Law School
Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron
Faculty Scholarship
No abstract provided.
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process,
2010
Brigham Young University Law School
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
BYU Law Review
No abstract provided.
Aggregation, Community, And The Line Between,
2010
University of Georgia School of Law
Aggregation, Community, And The Line Between, Elizabeth Chamblee Burch
Scholarly Works
As class-action theorists, we sometimes focus so heavily on the class certification threshold that we neglect to reassess the line itself. The current line asks whether procedurally aggregated individuals form a sufficiently cohesive group before the decision to sue. Given this symposium’s topic - the state of aggregate litigation and the boundaries of class actions in the decade after Amchem Products, Inc. v. Windsor and Ortiz v. Fibreboard Corp. - the time is ripe to challenge our assumptions about this line in non-class aggregation. Accordingly, this Article examines group cohesion and asks whether the current line is the only dividing …
