Casenote Update: The Supreme Court Restricts Plaintiff Options For Climate Change Litigation In American Electric Power Co. V. Connecticut,
2016
Villanova University Charles Widger School of Law
Casenote Update: The Supreme Court Restricts Plaintiff Options For Climate Change Litigation In American Electric Power Co. V. Connecticut, Matthew R. Weiss
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit,
2016
University of Miami Law School
Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles
University of Miami Law Review
False Claims Act litigation is more hotly contested than ever before. One such controversial issue plaguing federal courts is the proper application of Federal Rule of Civil Procedure 9(b) to actions arising under the False Claims Act. The explosion of litigation under the FCA caused a circuit split to emerge on the correct standard to use when applying Rule 9(b)’s heightened pleading requirement for more particularity. Specifically, courts are split on the level of specificity required to prove that a false claim was submitted to the government. Some apply a “strict” interpretation and require pleadings to include representative samples of …
18th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2016,
2016
Roger Williams University
18th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2016, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes,
2016
University of Georgia School of Law
Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes, Colin Connor
Georgia Journal of International & Comparative Law
No abstract provided.
If It (Ain’T) Broke, Don’T Fix It: Twombly, Iqbal, Rule 84, And The Forms,
2016
Seattle University School of Law
If It (Ain’T) Broke, Don’T Fix It: Twombly, Iqbal, Rule 84, And The Forms, Justin Olson
Seattle University Law Review
The past decade has not been kind to the Federal Rules of Civil Procedure (the Rules). From the growth of summary judgment as a mechanism to let judges instead of juries determine facts, to the love–hate relationship with class actions, judicial interpretations of the Rules have revealed a trend toward complicating the ability of plaintiffs to find redress for their claims. Nowhere is this more apparent than in the shifting standards of pleading requirements under Rule 8. Much has been written by academics and practitioners alike regarding the ripples caused by Twombly and Iqbal. Although the Court would like to …
“Please Stop Telling Her To Leave.” Where Is The Money: Reclaiming Economic Power To Address Domestic Violence,
2016
Seattle University School of Law
“Please Stop Telling Her To Leave.” Where Is The Money: Reclaiming Economic Power To Address Domestic Violence, Margo Lindauer
Seattle University Law Review
In this Article, I argue that economic dependence is a critical factor in violence prevention. For many victims of domestic violence, the economic entanglement with an abusive partner is too strong to sever contact without another source of economic support. This Article is a thought experiment in economic justice; it asks the question: is there a way to provide outside economic support for a victim of violence fleeing a battering partner? In this Article, I examine existing systems such as Social Security, unemployment assistance, work-readiness programs, crowd sourcing, and others to evaluate how these sources could provide emergency economic support …
Neuroimaging Evidence: A Solution To The Problem Of Proving Pain And Suffering?,
2016
Seattle University School of Law
Neuroimaging Evidence: A Solution To The Problem Of Proving Pain And Suffering?, Brady Somers
Seattle University Law Review
Envision a plaintiff who was injured on the job at a construction site due to his employer’s negligence. The plaintiff has chronic back pain, but it is not verifiable on an X-ray, nor is a physical injury readily discernible by any other technology. Presently, fact finders are given the broad discretion to decide whether they find this plaintiff credible, and accordingly, whether they believe he is truly in pain and deserves damages for pain and suffering. However, neuroimaging—specifically functional magnetic resonance imaging (fMRI)—could allow those fact finders to visualize whether this plaintiff was hurting by depicting the unique signatures that …
Humboldt Gen. Hosp. V. Sixth Jud. Dist. Ct., 132 Nev. Adv. Op. 53 (Jul. 28, 2016),
2016
Nevada Law Journal
Humboldt Gen. Hosp. V. Sixth Jud. Dist. Ct., 132 Nev. Adv. Op. 53 (Jul. 28, 2016), Rob Schmidt
Nevada Supreme Court Summaries
The Court determined that allegations raising the scope of informed consent rather than the absence of consent to a medical procedure, even when pleaded as a battery action, constitute medical malpractice claims, and are subject to the NRS 41A.071 requirement for a medical expert affidavit.
Plausible Pleading In Patent Suits: Predicting The Effects Of The Abrogation Of Form 18,
2016
University of Michigan Law School
Plausible Pleading In Patent Suits: Predicting The Effects Of The Abrogation Of Form 18, Kyle R. Williams
Michigan Telecommunications & Technology Law Review
On December 1, 2015, amendments to the Federal Rules of Civil Procedure took effect. The changes included, among other things, the abrogation of the Appendix of Forms, which contained templates for summons, complaints, answers, and other litigation documents. Prior to its abrogation, Form 18—a template for a “Complaint for Patent Infringement”—was widely utilized by patent plaintiffs in crafting infringement complaints. Form 18 was created during the Conley pleading regime, when conclusory allegations were generally sufficient to survive a motion to dismiss. Accordingly, the sample allegations in Form 18 were conclusory and bare-bones in nature. Under Conley, plaintiffs who followed this …
Newsroom: Kuckes On Legal Fees Ruling 7/20/2016,
2016
Rhode Island Lawyers Weekly
Newsroom: Kuckes On Legal Fees Ruling 7/20/2016, Sheri Qualters, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Kuckes On Discovery Ruling 7-7-2016,
2016
Rhode Island Lawyers Weekly
Newsroom: Kuckes On Discovery Ruling 7-7-2016, Sheri Qualters, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
#Rule23 #Classaction #Notice: Using Social Media, Text Messaging, And Other New Communications Technology For Class Action Notice And Returning To Rule 23(C)(2)(B)'S "Best Notice Practicable" Standard,
2016
Mitchell Hamline School of Law
#Rule23 #Classaction #Notice: Using Social Media, Text Messaging, And Other New Communications Technology For Class Action Notice And Returning To Rule 23(C)(2)(B)'S "Best Notice Practicable" Standard, Elizabeth M.C. Scheibel
Mitchell Hamline Law Review
No abstract provided.
Twiqbal In Context,
2016
University at Buffalo School of Law
The Preliminary Injunction Standard In Diversity: A Typical Unguided Erie Choice,
2016
University of Georgia School of Law
The Preliminary Injunction Standard In Diversity: A Typical Unguided Erie Choice, David E. Shipley
Scholarly Works
The standard for granting preliminary injunctions in some states is not the same as the preliminary injunction standard that is followed in the federal district courts in the federal circuit where the state is located. For example, the interlocutory injunction standard in Georgia’s superior courts is not as demanding as the preliminary injunction standard in Georgia’s federal courts. Although state and federal courts in Georgia consider four similar factors in deciding whether to grant or deny provisional injunctive relief, a balancing or sliding scale approach can be used in Georgia’s courts; the moving party need not prove all four of …
Learning Intentionally And The Metacognitive Task,
2016
Maurice A. Deane School of Law at Hofstra University
Learning Intentionally And The Metacognitive Task, Patti Alleva, Jennifer A. Gundlach
Hofstra Law Faculty Scholarship
This article serves both to frame The Pedagogy of Procedure symposium it introduces and to itself explore the importance of metacognition and learning about learning to legal education and lawyering. The authors begin by suggesting why Civil Procedure doctrine is so challenging to teach and learn, noting how the symposium pieces help to tackle those challenges. They then join the growing number of law professors who advocate that learning how to learn deserves greater attention in the law school curriculum, suggesting that law schools should do more to demonstrate respect for the process of learning as an end in itself. …
To Waive Or Not To Waive? Filing Deadlines And
Hearing Requests In Administrative Adjudications,
2016
Pepperdine University
To Waive Or Not To Waive? Filing Deadlines And Hearing Requests In Administrative Adjudications, Alice Booher Johnson
Journal of the National Association of Administrative Law Judiciary
In Part II of this Article, I provide an overview of subject matter jurisdiction in relation to filing timeframes. I review the distinction between original and appellate jurisdiction using Maryland case law and a sample survey of other state case law to provide background to the question of filing deadlines and hearing requests in administrative adjudications. In Part III of this Article, I elaborate upon Supreme Court precedent on administrative filing deadlines. In Part IV of this Article, I analyze the nature of filing deadlines for hearing requests before various state agencies, with an emphasis on Maryland’s scheme. The case …
Hague Convention On The Law Applicable To Products Liability,
2016
University of Georgia School of Law
Hague Convention On The Law Applicable To Products Liability, Bryant Durham
Georgia Journal of International & Comparative Law
No abstract provided.
Disclosure And The Incurious Attorneys,
2016
St. John's University School of Law
Disclosure And The Incurious Attorneys, William F. Cahill, B.A., Ll.B., J.C.D.
The Catholic Lawyer
No abstract provided.
"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process,
2016
University of Arkansas Little Rock
"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch
University of Arkansas at Little Rock Law Review
No abstract provided.
Pleading Actual Malice In Defamation Actions After Twiqbal: A Circuit Survey,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Pleading Actual Malice In Defamation Actions After Twiqbal: A Circuit Survey, Judy M. Cornett
Nevada Law Journal
No abstract provided.
