Civil Procedure Commons^™

The Early Returns Are In: A Review Of The First Two Years Of Amended Federal Rule Of Evidence 702, Mark Behrens, Lee Mickus, Christopher Appel

University of Cincinnati Law Review

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

L’Administrateur Provisoire Et Ses Succédanés, Alexandre Najjar

Proche-Orient, Études juridiques

No abstract provided.

L’Agence Commerciale Dans Le Droit International Privé Des Pays Arabes : Arabie Saoudite, Bahreïn, Égypte, Émirats Arabes Unis, Irak, Jordanie, Koweït, Liban, Qatar, Sultanat D'Oman, Syrie, Yémen, Nagib Hage-Chahine

Proche-Orient, Études juridiques

No abstract provided.

Nonparty Claim Preclusion, Mark D. Rosen

Texas A&M Law Review

For nearly two centuries, American courts recited that the preclusive effects of a court’s final judgment were subject to a requirement of “mutuality,” meaning that a party in Lawsuit 2 who would not be bound by a judgment from a prior Lawsuit 1 could not benefit in Lawsuit 2 from the first lawsuit’s judgment either. While the Supreme Court eliminated the mutuality requirement for issue preclusion in the 1970s—paving the way for “nonmutual collateral estoppel”—to this date, the Court has not decided if mutuality remains a requirement for claim preclusion. Although many courts today insist there is no such thing …

Open And Shut: Non-Removal Statutesand Door-Closing Penalties, Isaac Zwerling

Pepperdine Law Review

There is a longstanding tension in the Court’s treatment of non-removal statutes and door-closing penalties. On the one hand, the Court has held non-removal statutes—business registration statutes that condition a foreign corporation’s license on that corporation’s right to remove cases brought against it to federal court—pose an unconstitutional limit on federal court access. On the other, the Court has extended door-closing penalties statutes prohibiting unregistered foreign corporations from initiating an action in the forum state—to federal courts sitting in diversity. This Article surveys how the Court arrived at this puzzling result. It does so by analyzing each line of cases …

Rosenbrook V. Lloyd, 142 Nev. Adv. Op. 36 (May 14, 2026), David Elder

Nevada Supreme Court Summaries

Motions to dismiss in defamation cases should not be granted in full when some communications are protected under the anti-SLAPP statute and others are not.

Powers V. Dist. Ct., 142 Nev. Adv. Op. 35 (May 14, 2026), Luis Dorantes

Nevada Supreme Court Summaries

NRS 629.620 is unconstitutional and of no effect to the extent that it conflicts with NRCP 35 in governing court-ordered mental and physical examinations during civil discovery.

Trial Practice And Procedure, John O'Shea Sullivan, Leesa M. M. Guarnotta

Mercer Law Review

The 2025 Survey period yielded a range of decisions impacting trial practice in the United States Court of Appeals for the Eleventh Circuit, from detailed analysis of the constitutional requirements for personal jurisdiction, expounding upon the limited opportunities for interlocutory appeal, and reinforcing pleading standards. This Article analyzes some of this Survey period’s notable opinions on issues of first impression in the Eleventh Circuit, but it is not intended to be an exhaustive discussion of the Eleventh Circuit’s important decisions during the Survey period.

No More Guessing Games: Rebuilding Clarity In Georgia’S Ante Litem Notice Statute, Ethan Debruicker Terrell

Mercer Law Review

Imagine a child’s shape sorter toy—the kind with square, circle, and triangle-shaped holes and equivalent pegs in the same shapes. The toy forms a foundation in a child’s development because, among other things, it teaches the child to problem-solve by (1) recognizing the problem (different-shaped pegs that must go in the sorter a certain way) and (2) solving it (placing each peg in the correct hole to sort the pegs). For simplicity’s sake, let us imagine the toy only has a square and circle-shaped hole with square and circle-shaped pegs. As the child intuitively learns the “rules” of the toy, …

Georgia’S New Direct Action Landscape For Motor Carriers, William M. Davis

Mercer Law Review

A direct action is a lawsuit in which an injured claimant sues the alleged tortfeasor’s liability insurer directly—often joining the insurer as a defendant alongside—or instead of—the insured. Such suits are typically based on a statute or policy provision that authorizes that suit before the claimant has obtained a judgment against the insured.

Direct actions are generally not allowed in Georgia; however, there are specific statutory exceptions permitting direct actions under certain circumstances. One such statutory exemption was made for direct actions against liability insurers of motor carriers. Until the enactment of S.B. 426 in 2024, direct actions against the …

Judgment By The Record: How The Eleventh Circuit Is Shaping Retail Litigation And Regulation, Susan L. Shin, Aubrianna L. Mierow

University of Miami Law Review

The Eleventh Circuit’s 2025 term reinforced a disciplined, text-driven approach to statutory and contractual interpretation and a firm demand for proof: the court vacated an FCC rule that restricted consent beyond what the Telephone Consumer Protection Act (TCPA) provides. It rejected a constitutional challenge to adjudication by the Office of the Chief Administrative Hearing Officer (OCAHO) while emphasizing the Attorney General’s supervisory role. It required plaintiffs alleging deception through promotional content to identify the specific communication at issue. It denied standing for credit file inaccuracies absent dissemination or real-world effect. It interpreted standard limitation clauses to preserve direct damages under …

The Quiet Revival Of The Effective Vindication Of Rights Doctrine, Myriam Gilles

Fordham Law Review

The U.S. Supreme Court’s 2013 decision in American Express v. Italian Colors Restaurantwas widely seen as the death knell for the “effective vindication of rights” doctrine—a judicially created rule that arbitration agreements are enforceable only “so long as the prospective litigant effectively may vindicate its statutory cause of action in the arbitral forum.” By upholding a class action–banning arbitration provision that rendered arbitration economically irrational, Italian Colors appeared to extinguish any meaningful limits on the enforcement of arbitration agreements.

But reports of the doctrine’s demise were premature. This Article uncovers how, in the decade since Italian Colors, lower …

Foreign Judgments In U.S. Courts, Yanbai Andrea Wang

Fordham Law Review

American law on foreign judgments is at an inflection point. For over a century, the doctrine has been shaped by concerns about outgoing U.S. judgments seeking asset collection in the civil law countries of continental Europe. But shifting trade flows and changing litigation tactics have carved a new landscape, demanding a return to foreign judgments law’s conceptual and doctrinal underpinnings. This Article first maps the new landscape, in which China is rapidly rising as a foremost foreign judgments interlocutor. Meanwhile, litigants are increasingly pursuing parallel litigation in multiple countries. The impact of incoming judgments and the interactions between related litigations …

Diverging Views On Class Certification In The Insurance Industry: Uniform Valuation Methods For Totaled Vehicles, Celine Makhani

The Journal of Business, Entrepreneurship & the Law

This comment explores the legal challenges surrounding how insurance companies calculate the "actual cash value" of totaled vehicles . The author focuses on the controversial use of "negotiation adjustments"—deductions insurers apply based on the assumption that buyers typically negotiate car prices downward—which policyholders argue systematically undervalues their claims. The central conflict of the article is a significant circuit split: while the Ninth Circuit in Jama v. State Farm recently allowed these claims to proceed as class actions, the Fifth Circuit in Sampson v. USAA reached the opposite conclusion, requiring individual proof of harm for each policyholder . Makhani analyzes these …

تقييم قانون التنظيم القضائي في ضوء المعايير الدوليّة, رينا قسطنطين

Proche-Orient, Études juridiques

This study examines Lebanon’s Law on the Organization of the Judicial Court System, adopted by the Chamber of Deputies on July 31, 2025, and returned to the Chamber by the President of the Republic for further discussion, on September 5, 2025. It represents one of the most significant judicial reform initiatives since the Taif Agreement of 1989. The study traces the evolution of the Law’s provisions in successive drafts in light of the recommendations of the Venice Commission – the advisory body to the Council of Europe – and international standards regarding both institutional and individual judicial independence. The article …

La Réforme De La Justice Administrative Au Liban, Nadi Abi Rached

Proche-Orient, Études juridiques

The Lebanese administrative judiciary is undergoing a profound crisis, exacerbated by the broader institutional disintegration affecting the country. This crisis appears rooted in deeper and more specific causes: an alleged original illegitimacy of the institution and the recurrent instabilities that have marked its development. Today, this branch of justice operates at a minimal level, remains dependent of the executive, and struggles to fully guarantee the right to a fair trial. Two reform proposals aim to address this situation. This article first seeks to reaffirm the historical legitimacy and institutional continuity of the administrative judiciary, thereby providing a sound basis for …

قراءة تحليلية نقدية لمقتضيات المادة ٢٣٥ من قانون الإجراءات المدنية الملغاة ولمقتضيات المادة ٨٥ من اللائحة التنظيمية من قانون الإجراءات المدنية الاتحادي, خالد زاهر

Proche-Orient, Études juridiques

This paper addresses one of the conditions for the recognition and enforcement of foreign judgements in the United Arab Emirates, namely verifying the jurisdiction of the foreign court that issued the judgment. In this regard, the UAE Civil Transactions Code provides that the Emirati enforcement judge cannot order the enforcement of a foreign judgment before verifying that the Emirati courts do not enjoy exclusive jurisdiction over the dispute that had led to the issuance of the judgment or the order, and that the foreign court that issued the judgment or the order enjoys jurisdiction under the international jurisdiction rules laid …

عقد الايجار التجاري في زمن الوباء: النزاعات والعوامل المؤثرة في الاحكام, ميساء نصر

Proche-Orient, Études juridiques

The courts of Dubai faced many disputes resulting from the pandemic and its repercussions, and the Dubai Rental Dispute Settlement Center played a key role in ruling on requests to terminate commercial lease contracts or reduce rent. This study aims at inferring the factors that have affected the decisions of the Center’s committees, reaching the following conclusions. On the one hand, the main factor to determine whether a specific damage was caused by the epidemic or not is the extent to which the commercial activity is connected to customers. On the other hand, the committees have issued diverse decisions with …