What Remains Of Vicarious Jurisdiction For Establishing General Jurisdiction Over Corporate Defendants After Daimler Ag V. Bauman?,
2016
Seton Hall University
What Remains Of Vicarious Jurisdiction For Establishing General Jurisdiction Over Corporate Defendants After Daimler Ag V. Bauman?, Keri Martin
Seton Hall Circuit Review
No abstract provided.
Nevada Dep’T Of Trans. V. Eighth Judicial Dist. Ct., 132 Nev. Adv. Op. 10 (Feb. 25, 2016),
2016
Nevada Law Journal
Nevada Dep’T Of Trans. V. Eighth Judicial Dist. Ct., 132 Nev. Adv. Op. 10 (Feb. 25, 2016), F. Shane Jackson
Nevada Supreme Court Summaries
The Court considered a petition for a writ of mandamus challenging a district court order denying a motion to dismiss. Petitioner Nevada Department of Transportation (“NDOT”) sought dismissal of a professional negligence claim filed against it on grounds that the complaint was not accompanied by an attorney affidavit and expert report as required by NRS 11.258, and when the court denied NDOT’s motion, it filed the instant petition. The Court denied the petition, holding that NDOT is not a design professional under NRS 11.2565(1)(a), and therefore the requirements of NRS 11.258 are inapplicable to NDOT since the action would not …
A Constitutional Right To Discovery? Creating And Reinforcing Due Process Norms Through The Procedural Laboratory Of Arbitration,
2016
Pepperdine University
A Constitutional Right To Discovery? Creating And Reinforcing Due Process Norms Through The Procedural Laboratory Of Arbitration, Imre Stephen Szalai
Pepperdine Dispute Resolution Law Journal
This article explores an overlooked dynamic between arbitration and the more formal court system. As developed in more detail below, this article's thesis is that arbitration can help define and reinforce due process norms applicable in court, and a due process-like norm regarding discovery is beginning to develop. Courts often review arbitration agreements for fairness, and through this judicial review, courts have developed a body of law discussing and defining whether certain procedures (or the lack thereof) violate fairness norms in connection with the resolution of a particular dispute. Through this body of law exploring procedural fairness, one can identify …
Whistling In Silence: The Implications Of Arbitration On Qui Tam Claims Under The False Claims Act,
2016
Pepperdine University
Whistling In Silence: The Implications Of Arbitration On Qui Tam Claims Under The False Claims Act, Mathew Andrews
Pepperdine Dispute Resolution Law Journal
For nearly twenty years, corporate defendants have sought unsuccessfully to use arbitration to roll back protections for whistleblowers suing under federal law. The state and federal judiciaries have long stymied these efforts, on the grounds that defendants cannot force the Government's claims into the secretive forum of arbitration. In January 2013, this protection came to an end. A federal court ruled for the first time that a whistleblower suing on behalf of the United States must pursue its action in arbitration. Five months later, this trend continued as federal courts have compelled arbitration of state law qui tam actions. This …
Domestic Violence And The Politics Of Self-Help,
2016
William & Mary Law School
Domestic Violence And The Politics Of Self-Help, Elizabeth L. Macdowell
William & Mary Journal of Race, Gender, and Social Justice
Self-help programs are conceptualized as alternatives to attorney representation that can help both courts and unrepresented litigants. The rhetoric of self-help also typically includes empowering unrepresented individuals to help themselves. But how do self-help programs respond to litigants’ efforts at self-advocacy? This Article reports findings from a study of courthouse self-help programs assisting unrepresented litigants applying for protection orders. The central finding is that self-help staff members were not neutral in the provision of services despite a professed ethic of neutrality. Using the sociological concept of demeanor, this Article shows that staff members rewarded protection order applicants who conformed to …
Books Recieved,
2016
University of Georgia School of Law
Books Recieved, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Further Comments On The Hague Convention On The Law Applicable To Products Liability,
2016
University of Georgia School of Law
Further Comments On The Hague Convention On The Law Applicable To Products Liability, Willis L. M. Reese
Georgia Journal of International & Comparative Law
No abstract provided.
Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data,
2016
Pepperdine University
Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data, Andrew Kasabian
Pepperdine Law Review
The amount of data generated daily is growing exponentially. The majority of this data is unstructured data. Big Data analytics provides the capability to analyze sets of unrelated data to find hidden and meaningful correlations and predict an individual’s future actions. Therefore, Big Data can alter trial preparation by opening up new sets of information for lawyers to analyze in the jury selection process. Privacy concerns may follow Big Data’s incorporation because Big Data aggregates an individual’s information and predicts future actions. This Comment details how Big Data will provide a net benefit to trial preparation. In order to protect …
Directv, Inc. V. Imburgia,
2016
Notre Dame Law School
Directv, Inc. V. Imburgia, Angelica Sanchez Vega
Notre Dame Law Review Reflection
It is no secret that alternative dispute resolution (ADR) has become an important part of the contemporary American legal system. Compared to full-fledged judicial proceedings, ADR methods, including arbitration, offer a more cost-effective alternative. Both private and public entities have embraced the chance to address legal disputes while using resources more effectively. In 1998, for example, President Clinton issued a memorandum to the heads of executive departments and agencies encouraging the use of ADR “[a]s part of an effort to make the Federal Government operate in a more efficient and effective manner.” In spite of all of the benefits of …
Class Action Myopia,
2016
University of Michigan Law School
Class Action Myopia, Maureen Carroll
Articles
Over the past two decades, courts and commentators have often treated the class action as though it were a monolith, limiting their analysis to the particular class form that joins together a large number of claims for monetary relief This Article argues that the myopic focus on the aggregated-damages class action has led to undertheorization of the other class-action subtypes, which serve far different purposes and have far different effects, and has allowed the ongoing backlash against the aggregated-damages class action to affect the other subtypes in an undifferentiated manner. The failure to confine this backlash to its intended target …
To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws,
2016
University of Miami Law School
To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary
University of Miami Inter-American Law Review
This article strives to shed light on the interplay between discovery practice under the Federal Rules of Civil Procedure, Argentina's data protection laws, and the ever-present possibility of discovery sanctions. For all intents and purposes, data protections laws serve as a double-edged sword that seek to protect an individual's privacy; however, data protection laws were not designed with litigation in mind. And because of that, it can be difficult for an Argentine company to comply with a discovery request that would implicate an individual's data privacy under Argentine law. In the end, it comes down to a balancing test. This …
Standing Doctrine's State Action Problem,
2016
University of California, Irvine School of Law
Standing Doctrine's State Action Problem, Seth Davis
Notre Dame Law Review
Something surprising happened in the 2013 marriage equality cases that did not involve striking down the Defense of Marriage Act. The Supreme Court discovered standing doctrine’s state action problem. In standing doctrine, as elsewhere, the law distinguishes private from governmental action. There are, simply put, different standing rules for state actors than for private litigants. How should the law sort state actors from private litigants for the purposes of standing? In Hollingsworth v. Perry, the Court held that Article III limits government standing to common law agents who owe fiduciary duties to the state. The Perry Court’s apparent concern was …
Judging Third-Party Funding,
2016
Boston University School of Law
Judging Third-Party Funding, Victoria Sahani
Faculty Scholarship
Third-party funding is an arrangement whereby an outside entity finances the legal representation of a party involved in litigation or arbitration. The outside entity—called a “third-party funder”—could be a bank, hedge fund, insurance company, or some other entity or individual that finances the party’s legal representation in return for a profit. Third-party funding is a controversial, dynamic, and evolving phenomenon. The practice has attracted national headlines and the attention of the Advisory Committee on the Federal Rules of Civil Procedure (Advisory Committee). The Advisory Committee stated in a recent report that “judges currently have the power to obtain information about …
Shadow Wood Homeowners Association, Inc.; And Gogo Way Trust V. New York Community Bancorp, Inc. (January 28, 2016),
2016
Nevada Law Journal
Shadow Wood Homeowners Association, Inc.; And Gogo Way Trust V. New York Community Bancorp, Inc. (January 28, 2016), Andrea Orwoll
Nevada Supreme Court Summaries
The Court reviewed an appeal from a district court order granting summary judgment to a bank that had lost a condominium in an HOA lien foreclosure sale. The Court held that despite statutory provisions, which seem prohibit overturning an HOA lien foreclosure sale if required recitals are present in the HOA’s trustee deed, there remains a common law power to overturn such foreclosure sales. The Court reaffirmed the principle that, where appropriate, Nevada courts may “grant equitable relief from a defective HOA lien foreclosure sale”—but only when there has been both 1) an inadequate price paid, and 2) fraud or …
Corp. Bishop, Lds V. Seventh Jud. Dist. Ct., 132 Nev. Adv. Op. 6 (Jan. 28, 2016),
2016
Nevada Law Journal
Corp. Bishop, Lds V. Seventh Jud. Dist. Ct., 132 Nev. Adv. Op. 6 (Jan. 28, 2016), Mackenzie Warren
Nevada Supreme Court Summaries
The Court determined that a State Engineer did not improperly apply NRS § 533.3705(1) retroactively or constitute a retroactive application for two reasons: (1) the statute unambiguously applies to only approved applications; and (2) the applications at issue were approved almost five years after the statute took effect. Thus, the Court denied petitioner’s request for extraordinary writ attempting to bar the State Engineer from applying NRS § 533.3705(1) to the disputed water permit applications.
Reply Brief. Frew V. Traylor, 136 S.Ct. 1159 (2016) (No. 15-483),
2016
University of Washington School of Law
Reply Brief. Frew V. Traylor, 136 S.Ct. 1159 (2016) (No. 15-483), Eric Schnapper, Timothy B. Garrigan, Timothy David Craig, Jane Swanson
Court Briefs
QUESTIONS PRESENTED Litigation regarding the legal responsibilities of large institutions, such as schools or prisons, is frequently resolved by consent decree. The widespread use of such consent decrees regularly gives rise to inter-related disputes about how to interpret provisions of those decrees, and about when the decrees themselves have been satisfied and may thus be dissolved. In the instant case the Fifth Circuit, expressly disagreeing with the standards applied in the Sixth and Ninth Circuits, interpreted in a narrow manner, and then ordered dissolution of, key provisions earlier agreed to by Texas that protect the rights of millions of indigent …
Third Circuit Takes The Wind Out Of Frivolous Litigators' Sails In Fair Wind Sailing, Inc. V. Dempster,
2016
Villanova University Charles Widger School of Law
Third Circuit Takes The Wind Out Of Frivolous Litigators' Sails In Fair Wind Sailing, Inc. V. Dempster, Travis Dunkelberger
Villanova Law Review (1956 - )
No abstract provided.
Spencer: Chief Justice John Roberts And The Loss Of Access To Justice,
2016
William & Mary Law School
Spencer: Chief Justice John Roberts And The Loss Of Access To Justice, A. Benjamin Spencer
Popular Media
No abstract provided.
Newsroom: Monestier On Settlement Agreements,
2016
Roger Williams University
Newsroom: Monestier On Settlement Agreements, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Requiring Plaintiffs To Prove Irreparable Harm: “It Isn’T Right.” (Herb Reed Enters, Llc V. Fla Entm’T Mgmt. Inc. (9th Cir.2013)),
2016
Student and Senior Editor for IPCLJ (2015-2016), University of Cincinnati College of Law
Requiring Plaintiffs To Prove Irreparable Harm: “It Isn’T Right.” (Herb Reed Enters, Llc V. Fla Entm’T Mgmt. Inc. (9th Cir.2013)), Anthony Kremer
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
