Civil Procedure Commons^™

Cox V. Mgm Grand Hotel, Lcc., 138 Nev. Adv. Op. 27 (Apr. 14, 2022), Anne-Greyson Long

Nevada Supreme Court Summaries

This case addressed when the district court can and should grant a remand for a new trial when a party claimed that evidentiary and instructional errors prejudiced their case. The particular issue in this case was the admittance of six surveillance videos that contradicted in-court presentation.

Presuit Lawyer Information Duties Relevant To Civil Litigation, Jeffrey A. Parness

Marquette Law Review

In both federal and state courts in the United States, there are significant civil procedure, professional responsibility, and substantive laws addressing presuit lawyer duties on creating, preserving, producing, and protecting information relevant to later civil litigation. These laws speak to lawyer conduct both in personally handling information and in overseeing the information acts of others. To date, the challenges these laws pose to lawyers have not been well examined, or even largely perceived. And, to date, lawyers have been left unaccountable for their personal violations of these duties.

A Survey Of Civil Procedure: Technology To Covid-19 Within State Courts, Joshua H. Hernandez

Marquette Law Review

The COVID-19 pandemic catalyzed the implementation of technological innovation within the legal field. Specifically, state courts used technology to adjust their civil procedures while maintaining accurate results, limiting costs, and providing meaningful participation to varying degrees of success. In addition, given the piecemeal nature of these adjustments, there is a lack of knowledge regarding what actions were taken in the early months of the pandemic. Thus, this Comment conducts a survey focusing on how the states adjusted their judicial civil procedures to respond to COVID-19’s impact. This Comment then argues that the most liberal implementation of technological adjustments may not …

Entombed Writs' Effective Renaissance: Surveying And Sealing Federal Rule Of Civil Procedure 60(B)'S Interpretive Gaps, Amir Shachmurove

Cleveland State Law Review

For centuries, the hoary principle of finality and the Latin-denominated writs devised so as to mollify its obduracy cast fearsome shadows, unchallenged within the courts of the British Isles. In the United States, these expatiated doctrines stalked with equal aplomb from the time of Chief Justice John James Marshall to the advent of the Federal Rules of Civil Procedure. For nearly 150 years, therefore, federal procedural law recognized only the skimpiest opportunities for renewed introspection afforded by these increasingly anachronistic constructs, ones nonetheless imbued with more and more of antiquity’s nearly sacerdotal sheen with each passing year.

In time, as …

Creating A System For All Parents: Rethinking Procedural And Evidentiary Rules In Proceedings With Self-Represented Litigants, Cassandra Richards

Dalhousie Law Journal

Through qualitative interviews undertaken with ten judges at the Superior Court of Québec, this study considers the procedural and evidentiary challenges faced by self-represented litigants in family law matters. Subsequently, this paper offers solutions to the problems identified. The goal of this paper is to provide legal participants with concrete techniques to facilitate proceedings with SRLs that uphold their duty of impartiality and duty of assistance. While this article will likely be useful for judges who engage with SRLs daily, it will also be of interest to those working on issues relating to access to justice, SRLs, as well as …

Examining Probation Lengths In Philadelphia, Pa, Madeline Grace Davis

Dissertations and Theses

One out of every 22 adults in Philadelphia, PA is under community supervision which is more than double the national average (Schiraldi, 2018). Even though probation has been seen as a more lenient alternative to prison it actually serves as a net-widener (Phelps, 2020). Probation can result in increased punishments for low-level offenses when failure to meet probation conditions results in jail or prison time when there was never a possibility of long-term incarceration at the time of sentencing (Phelps, 2020). This study uses public court information data from Philadelphia to analyze the effects different dosages of probation have on …

Brief Of Amici Curiae Maureen Carroll, Christine Bartholomew, Andrew Bradt, Brooke Coleman, Robin Effron, Myriam Gilles, Robert Klonoff, Suzette Malveaux, David Marcus, Elizabeth Porter, D. Theodore Rave, Elizabeth Schneider, And Adam Zimmerman In Support Of Defendants-Appellees/Cross Appellants, Myriam E. Gilles

Amicus Briefs

Amici are law professors with expertise in the requirements for class certification under Rule 23 of the Federal Rules of Civil Procedure. Amici have written extensively about class action litigation, including the use of class actions in civil rights cases seeking declaratory or injunctive relief. Together, we share an interest in ensuring that the Federal Rules of Civil Procedure continue to be construed so as to ensure the “just, speedy and inexpensive determination of every action and proceeding.” FED. R. CIV. P. 1.

24th Annual Open Government Summit 2022, Roger Williams University School Of Law, Rhode Island Office Of The Attorney General

School of Law Conferences, Lectures & Events

No abstract provided.

Jurisdiction At Work: Specific Personal Jurisdiction In Flsa Collective Actions After Bristol-Myers Squibb, Anaid Reyes Kipp

Georgia State University Law Review

In Bristol-Myers Squibb Co. v. Superior Court (BMS), eighty-six California residents and five hundred ninety-two nonresidents from thirty-three different states, who had originally filed eight separate complaints, used ordinary party joinder rules to file a mass tort action in California state court, alleging that Bristol-Myers Squibb’s blood-thinning drug made them sick. The Supreme Court held in 2017 that the California state court did not have specific personal jurisdiction over the national pharmaceutical company because its contacts with California were insufficient in relation to the claims by nonresident plaintiffs. Although BMS was a mass action filed in state court, its …

Federal Courts: Review Of The Remand Order., Stephen V. Rible

St. Mary's Law Journal

Abstract Forthcoming.

Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams

Journal of Law and Policy

American veterans are often plagued by psychological and physical injuries, among other hardships, which, when unaddressed, can lead to substance abuse, criminal behavior, and suicide. As public awareness of the difficulties that American veterans face was growing, the problem-solving court movement was also gaining momentum. Largely inspired by therapeutic jurisprudence, an interdisciplinary framework that sees the law as a way to reach therapeutic outcomes, problem-solving courts seek to identify the root causes of criminal behavior and address those causes in ways that promote rehabilitation and reduce recidivism. Veterans Treatment Courts (“VTCs”) emerged when veterans advocacy intersected with the problem-solving court …

Death Prone Jurors: The Disintegration Of The Witherspoon Rule In Texas., Mary Elizabeth Carmody

St. Mary's Law Journal

Abstract Forthcoming.

Jurisdictional And Procedural Aspects Of Securing Judgments Against Parties Secondarily Liable - A Proposal For Reform., Gershon D. Cohen

St. Mary's Law Journal

Abstract Forthcoming.

The Rules Of The Malpractice Game: Affidavit Of Merit Statutes, Erie, And The Cautionary Tale Of An Overbroad Application Of Rule 11, Deanna Arpi Youssoufian

Brooklyn Law Review

In an effort to combat the rise in potentially frivolous lawsuits against professionals, including physicians, attorneys, and journalists, states have passed malpractice legislation requiring plaintiffs to file an affidavit of merit (AOM) attesting to the validity of their claims. However, these AOM statutes may conflict with Federal Rule of Civil Procedure 11, which provides that “a pleading need not be verified or accompanied by an affidavit” unless a rule or statute states otherwise. This is a classic Erie/choice-of-law problem for federal courts sitting in diversity, which are tasked with applying federal procedural law and state substantive law, and now must …

Addressing The Empty Chair: A Standard For The Sufficiency Notices Of Nonparty Fault, Mckenna Meadows

West Virginia Law Review

No abstract provided.

The Anomalous Issue Class, Veniamin Privalov

Fordham Law Review Online

The modern class action is a litigation superstar. The device’s potential for opening the courthouse doors to “small people,” holding big business accountable, and enacting sweeping reform is second to none. In recent years, however, the star has waned. Judicial hostility has made it harder for plaintiffs to certify a class while making it easier for defendants to avoid class actionsentirely. Certifying a mass tort class has become nearly impossible. Plaintiff lawyers’ creative attempts to work around these roadblocks have been shut down one after another by the Supreme Court. It is in this scorched mass litigation landscape that commentators …

Court Mandated Technology-Assisted Review In E-Discovery: Changes In Proportionality, Cost-Shifting, And Spoliation, Graham Streich

Fordham Law Review Online

Burgeoning advanced technology-assisted review (TAR) methods challenge justifications for requesting parties’ burdens and litigant cooperation in e-discovery. Increasingly accurate and accessible TAR introduces novel issues in e-discovery, including determining the proportionality of discovery requests and managing information in spoliation cases. This Essay recommends reconsidering the judiciary’s role in e-discovery in light of new technology and argues that courts, particularly lower courts, need expert technical guidance to adequately address the issues e-discovery presents.

Recording Virtual Justice: Cameras In The Digital Courtroom, Matthew Bultman

Fordham Law Review Online

With in-person hearings limited during the COVID-19 pandemic, many courts pivoted to proceedings held over the telephone or on virtual platforms like Zoom. It appears these proceedings are here to stay, with various benefits having been realized from remote access to the courts. Remote hearings have, however, given rise to constitutional questions. This Essay focuses on one emerging issue: courts’ ability to prohibit the press and the public from recording or disseminating these proceedings. While the constitutionality of recording and broadcasting restrictions inside the real-world courtroom is established, little consideration was given to the extension of these rules to the …

Examination Of Eviction Filings In Lancaster County, Nebraska, 2019–2021, Ryan Sullivan

Nebraska College of Law: Faculty Publications

The study examined and analyzed eviction filings and proceedings in Nebraska, with a specific focus on Lancaster County—the home to the State’s capital, Lincoln. The primary objective of this study is to place eviction proceedings under a microscope to gain a better understanding of the volume of evictions in Nebraska, and whether the statutorily mandated processes are being followed. The study also attempts to capture the impact of certain external factors present during the period examined. Such factors include the COVID-19 pandemic and various eviction moratoria in place during 2020 and 2021, as well as the increased availability of legal …

Forumless: Why Victims Of The Uyghur Crisis Should Be Able To Vindicate Their Claims In Federal Court, Chase Archer

Texas A&M Law Review

U.S. courts can serve as forums for victims of international human rights abuses to litigate claims against foreign defendants. Oftentimes, U.S. courts are the only option for foreign litigants who are unable to seek remedies in their own countries or in international courts. This Comment discusses the difficulties a victim of the Uyghur crisis would face attempting to use U.S. courts to litigate claims against the Chinese government or government officials under existing law. The purpose of this Comment is not to address any potential challenge to a claim but rather to address the claim preclusions common to foreign plaintiffs …