Civil Procedure Commons^™

Preserving Issues For Appeal In The Nevada State District Courts Under Nevada's New 2019 Rules Of Civil Procedure, Micah Echols, Tom Stewart

Nevada Law Journal Forum

Practicing attorneys are aware of the age-old rule of appellate practice that new issues cannot be raised for the first time on appeal. But, how are these issues properly raised, and preserved, in the district courts so that they are preserved for an appeal before the Nevada Court of Appeals or the Nevada Supreme Court? This article provides guiding principles based upon Nevada case law and the newly-revised 2019 Nevada Rules of Civil Procedure to answer these questions on preserving error for an appeal in Nevada’s state courts.

The Forum-Defendant Rule, The Mischief Rule, And Snap Removal, Howard M. Wasserman

William & Mary Law Review Online

Samuel Bray’s The Mischief Rule reconceptualizes and revitalizes that venerable canon of statutory interpretation. Bray’s new approach to the mischief rule offers a textual solution to an ongoing civil procedure puzzle—forum defendants and “snap removal.” The forum-defendant rule provides that a diversity case is not removable from state to federal court when a properly joined and served defendant is a citizen of the forum state. Snap removal occurs whena defendant removes before the forum defendant has been properly served, “snapping” the case into federal court. Three courts of appeals and a majority of district courts have endorsed this practice, concluding …

The Theory Of Emergency Circumstances And Its Impact On Judicial Judgments: A Comparative Study., Dr. Yasser Bassem Al-Sabawi, Ruaa Khalil Ibrahim

UAEU Law Journal

Issuing a judicial judgment is considered to be the outcome which requires resting to court and bringing legal actions before them. If such an end is accomplished by the issuance of a judicial judgment, the next procedure shall be to execute what is included in this judgment in order for each person to achieve their right. However the circumstances accompanying such an execution may not be the same circumstances in the light of which the judicial judgment has been issued; rather they may change according to emergent events coming upon the judicial judgment after being issued, which in turn affect …

Towards A New Paradigm For E-Discovery In Civil Litigation: A Judicial Perspective, William Matthewman

Florida Law Review

The Federal Rules of Civil Procedure provide the basic framework for production of discovery that is relevant and proportional to litigants’ claims and defenses. In the past, litigants and attorneys far too often used these rules to obstruct the discovery process rather than to facilitate it. This Old Discovery Paradigm used overbroad discovery requests, boilerplate discovery responses, dilatory behavior, and a lack of cooperation among opposing counsel. However, with the emergence of ever-expanding technologies using email, texts, and other forms of electronic communication, the modern legal system requires a New E-Discovery Paradigm to govern how litigants, their counsel, and judges …

Towards A New Role Of The Supreme Court As A Degree Of Litigation "The Supreme Court As Second Or Third Degree Of Litigation" "A Comparative Study" - Part (I), Prof. Mostafa El-Metwally Quandil

UAEU Law Journal

In principle, the Supreme Court must refer the reversed decision to the trial court for a new decision, because the role of the Supreme Court is to make a final determination on questions of law and not to hear a case. That being said, there is a recent tendency according to which the Supreme Court acts as a second or third degree court, competent to decide reviewed cases without referring to the trial court.

Towards A New Role Of The Supreme Court As A Degree Of Litigation "The Supreme Court As Second Or Third Degree Of Litigation" "A Comparative Study"- Part (Ii), Prof. Mostafa El-Metwally Quandil

UAEU Law Journal

In principle, the Court of Cassation refers the appealed judgment in which to transmit the merits of the case to the trial court (First Instance Court) to rule again, because its main role is to assess the legal provisions and not the subject of the disputes presented before it. However, this has been partially changed to the extent that it may be said that the Court of Cassation considered - in some cases and in some legislation – as second or third level of litigation; where - in this case - and then set aside the appealed judgment dismissal on …

Calf Boss Ribs V. Blackfeet Tribal Court, 20-Ap-03 (Blkft. Tr. Ct. App., Feb. 16, 2021), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court dismissed a motion for reconsideration of a lower court decision when new evidence was discovered by the appellant. The Court noted that the evidence must be presented to the lower court. The Appellate Court of the Blackfeet Nation will not overturn the Tribal Court’s judgement based upon factual findings unless a review of the entire record shows that such judgement was not supported by substantial evidence. Motion for reconsideration is dismissed. The case was remanded to the lower court for a new hearing and the Court advised the lower court to …

Code Of Conduct For Judges: An Analytical And Critical Review, Yousef Shandi

UAEU Law Journal

The study tackled the code of conduct for judges in a number of States and international and regional documents, with particular emphasis on the Bangalore Principles, instruments of Riyadh and Sharjah and conduct rules in both France and Palestine. The researcher made a comparison amongst all these sources in order to form a comprehensive perception of all these rules in terms of nature, sources, purposes, and the sanctions resulting from their violation. The researcher also analyzed these rules in a detailed framework, focusing on the content of each principle or rule of conduct in both theory and practice.

The study …

Agency In The Dispute In Accordance With The Provisions Of The Jordanian Civil Laws, Abdul Rahman Jumaa

UAEU Law Journal

The lawyer’s Power of Attorney (POA) is a sort of contractual representation that authorizes a nominated lawyer by a litigant in legal procedures to act on behalf of him and to undertake all necessary actions or proceedings before the courts in legal suit. As a must for the POA includes expressly the powers of the attorney to be acted and to be done on behave of his grantor, such as: a waiver to challenge courts laws decisions and judgments, settlement, dropping a lawsuit, receive monies, addressing oath, declaration against interest, claiming the minatory interest, bringing claims, dismissing the judges .In …

Sonner V. Premier Nutrition Corp., Ruth Dapper, Bryce Young

Notre Dame Law Review Reflection

When sitting in diversity jurisdiction, must a federal court apply federal equitable principles when deciding state law claims, even if state law may provide a different outcome? That was the question before the United States Court of Appeals for the Ninth Circuit in the case of Sonner v. Premier Nutrition Corp. Although the Ninth Circuit’s published opinion relies on “seventy-five years” of unchanged law, the opinion joins a long list of cases that continue to help clarify the tenets from Erie Railroad Co. v. Tompkins and inform the courts and practitioners on the relationship between state and federal authority …

The Authority Of The Court To Use The Most Practical Evidence In The Private International Law: A Comparative Study", Dr. Yasser Bassem Al-Sabawi, Khalil Ibrahim Mohammed

UAEU Law Journal

The importance of the theory of Evidence in presenting the dispute to the judiciary is evident, where the judge has to apply the rules of evidence. If the theory of Evidence is one of the most important and practical theories in the working life at the courts, it is the theory applied by the courts every day at the level of the internal laws. A right whose source can not be proven whether legal or legal fact, is worthless.

It is even more important when examining the issue of evidence in private international law, in particular the question of acceptance …

Shut Up And Pitch: Major League Baseball's Power Struggle With Minor League Players In Senne V. Kansas City Royals Baseball Corp., Bernadette Berger

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Injured By A Text: Article Iii Standing For Tcpa Texting Claims, Quinn Marker

University of Cincinnati Law Review

No abstract provided.

Lawyers On Auction - Protecting Class Members, Ittai Paldor

University of Cincinnati Law Review

The inadequacy of class settlements plagues mass litigation. Virtually all class actions settle, but a plethora of case law and academic writings shows that class attorneys often walk away from these settlements with a hefty fee, while class members receive illusory benefits. Class counsel may intentionally sell out class members by agreeing to a suboptimal settlement in return for increased fees. Class counsel may also genuinely miscalculate the best attainable settlement. In both cases, the mechanisms currently in place to protect class members—mainly court oversight—fail miserably.

This Article develops a simple solution: once a settlement is reached, appointment as class …

Monopoly And Monopsony: Antitrust Standing, Injury, And Damages, Roger D. Blair, Tirza J. Angerhofer

University of Cincinnati Law Review

This article examines the economic consequences of collusion in both the output market and one of the input markets. It examines the results of sequential collusion, which leads to complications and inconsistencies in measuring antitrust damages. It also examines simultaneous collusion in both the input and output markets. Ultimately, the profit maximizing equilibrium is identical but there are complications along the way to the final collusive equilibrium. The article explores the private plaintiff problems involving antitrust standing, proving antitrust injury, and estimating antitrust damages.

The Devil In Nepa's Details: Amending Nepa To Prevent State Interference With Environmental Reviews, Clay F. Kulesza

William & Mary Law Review

The environment is susceptible to human harms because it lacks a voice of its own. Yet environmentalists have used their voices for generations to promote environmental protection, causing Congress to pass a variety of laws that prevent needless environmental destruction. The National Environmental Policy Act of 1969 (NEPA) advances this goal by directing the federal government to undergo an environmental review process anytime it wants to begin a project that could have detrimental environmental impacts. This process ensures that the federal government knows how a project will impact the environment and whether any feasible alternatives to a project may have …

Blowing Hot And Cold In Litigation: Abuse Of Process, Election Or Approbation And Reprobation? Bwg V Bwf [2020] Sgca 36, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This note analyses the Singapore Court of Appeal’s decision in BWG v BWF which allowed the adoption of inconsistent positions across related court proceedings against different parties. The decision raises crucial questions on the limits to be imposed on a party’s freedom to pursue opposing rights in litigation, and how the doctrines of abuse of process, election by waiver, and approbation and reprobation should be applied. It is argued that the court’s application of the abuse of process doctrine obscured the central exercise of assessing all the relevant interests and circumstances. The differing rationales underlying the common law doctrine of …

The Law Wants To Be Formal, Chaim Saiman

Notre Dame Law Review

This Article examines the relationship between the formalism of an area of law, and whether it plays a central role in the legal system. English and American law were traditionally comprised of formalist private law doctrines. The influence of legal realism and the New Deal, however, caused these systems to diverge. While American private law was recast in realist terms, it also became less significant to the overall legal system. In its place, procedure and statutory interpretation emerged, and in turn became more formalized. Realism was never as influential in England where private law remains more formal and at the …

Liability Of Third Parties In Compulsory Implementation: A Comparative Study, Dr. Yasser Bassem Al-Sabawi

UAEU Law Journal

The creditor's right to initiate compulsory enforcement procedures, in legal terms, entails an integrated executive association in terms of its elements, namely, the person, the subject and the reason, which constitutes the theory of implementation in general. Since implementation theory consists of three basic elements, implementation people, the reason for implementation, and the place of implementation. The subject of the research will be limited to the implementation persons, not all the people involved in the process of forced implementation. But only to third parties. Since direct enforcement procedures require the intervention of several persons in the executive association, in order …

Evaluation Of The Uae Legislator's Use Of Telecommunications Technology In Civil Procedures, Prof. Mostafa El-Metwally Quandil

UAEU Law Journal

This paper examines the stance of the UAE legislator regarding the use of tele-communication technologies in civil procedures. The legislator authorized the use of electronic mail and fax in judicial notifications in the Federal Law No. (28) Of 2005 on Personal Status.

However, the UAE legislator expanded the use of telecommuting technologies in civil procedures by the Federal Law No. (10) 2017 amending certain provisions of the Code of Civil Procedure. As well as the issuance of the Council of Ministers' Resolution No. (57) of 2018 on the regulation of Civil Procedure Code, which included more details and applications of …