Trending @ Rwu Law: Professor Niki Kuckes's Post: Video Highlights Litigation Academy: September 20, 2016,
2016
Roger Williams University School of Law
Trending @ Rwu Law: Professor Niki Kuckes's Post: Video Highlights Litigation Academy: September 20, 2016, Niki Kuckes
Law School Blogs
No abstract provided.
Writing Better Jury Instructions: Antitrust As An Example,
2016
University of San Francisco School of Law
Writing Better Jury Instructions: Antitrust As An Example, Joshua P. Davis, Shannon Wheatman, Cristen Stephansky
West Virginia Law Review
No abstract provided.
Revisiting Eisenberg And Plaintiff Success: State Court Civil Trial And Appellate Outcomes,
2016
Cornell Law School
Revisiting Eisenberg And Plaintiff Success: State Court Civil Trial And Appellate Outcomes, Michael Heise, Martin T. Wells
Cornell Law Faculty Publications
Despite what Priest-Klein theory predicts, in earlier research on federal civil cases, Eisenberg found an association between plaintiff success in pretrial motions and at trial. Our extension of Eisenberg’s analysis 20 years later into the state court context, however, does not uncover any statistically significant association between a plaintiff’s success at trial and preserving that trial victory on appeal. Our results imply that a plaintiff’s decision to pursue litigation to a trial court conclusion is analytically distinct from the plaintiff’s decision to defend an appeal of its trial court win brought by a disgruntled defendant. We consider various factors that …
The Right To Reimbursement: Nevada Courts Should Follow The Trend And Forbid Insurers From Seeking Recoupment Of Defense Costs,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Right To Reimbursement: Nevada Courts Should Follow The Trend And Forbid Insurers From Seeking Recoupment Of Defense Costs, Kristen Matteoni
Nevada Law Journal
No abstract provided.
Kain V. Department Of Environmental Protection,
2016
Alexander Blewett III School of Law at the University of Montana
Kain V. Department Of Environmental Protection, Sarah M. Danno
Public Land & Resources Law Review
Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.
Newsroom: Good Reason For Secrecy On 38 Studios 8/12/2016,
2016
Roger Williams University School of Law
Newsroom: Good Reason For Secrecy On 38 Studios 8/12/2016, Niki Kuckes, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Appraisal: Shareholder Remedy Or Litigation Arbitrage?,
2016
Vanderbilt University Law School
Appraisal: Shareholder Remedy Or Litigation Arbitrage?, Randall S. Thomas, Wei Jiang, Tao Li, Danqing Mei
Vanderbilt Law School Faculty Publications
We present the first large-sample empirical study of the recent trends in the ap- praisal remedy-the right of shareholders of companies completing an eligible merger to petition the court for an improved price for their shares. Appraisal petitions have increased markedly over our sample from 2000 to 2014, and the composition of those bringing these suits has shifted from individual sharehold- ers toward specialized hedge funds. Appraisal petitions are more likely to be filed against mergers with perceived conflicts of interest, including going-private deals, minority squeeze outs, and acquisitions with low premiums, which makes them a potentially important governance mechanism. …
The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years,
2016
U.S. Patent Office
The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito
Georgia Journal of International & Comparative Law
No abstract provided.
Equity In International Law: Its Growth And Development,
2016
University of London
Equity In International Law: Its Growth And Development, S. K. Chattopadhyay
Georgia Journal of International & Comparative Law
No abstract provided.
Reconsidering The History Of Open Courts In The Digital Age,
2016
Seattle University School of Law
Reconsidering The History Of Open Courts In The Digital Age, Rory B. O'Sullivan, Catherine Connell
Seattle University Law Review
Article I, Section 10 of the Constitution of the State of Washington guarantees, “Justice in all cases shall be administered openly, and without unnecessary delay.” The Washington State Supreme Court has interpreted this clause to guarantee the public a right to attend legal proceedings and to access court documents separate and apart from the rights of the litigants themselves. Based on this interpretation, the court has struck down laws protecting the identity of both juvenile victims of sexual assault and individuals subject to involuntary commitment hearings. Its interpretation has also compromised the privacy rights of litigants wrongly named in legal …
“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 …
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 …
Admiralty - Shipowners’ Limited Liability Act - A Shipowner Cannot Invoke The Act To Limit His Liability For Wreck Removal Expenses Since A Statutory Duty To Remove A Sunken Vessel Prevents Him From Being “Without Privity Or Knowledge,” A Condition Precedent To The Invocation Of The Act,
2016
University of Georgia School of Law
Admiralty - Shipowners’ Limited Liability Act - A Shipowner Cannot Invoke The Act To Limit His Liability For Wreck Removal Expenses Since A Statutory Duty To Remove A Sunken Vessel Prevents Him From Being “Without Privity Or Knowledge,” A Condition Precedent To The Invocation Of The Act, Thomas C. Holcomb
Georgia Journal of International & Comparative Law
No abstract provided.
Patent Privateers And Antitrust Fears,
2016
University of Michigan Law School
Patent Privateers And Antitrust Fears, Matthew Sipe
Michigan Telecommunications & Technology Law Review
Patent trolls are categorically demonized as threatening American innovation and industry. But whether they are a threat that antitrust law is equipped to deal with is a complex question that depends on the particular type of patent troll and activities they engage in. This Article looks specifically at privateer patent trolls: entities that acquire their patents from operating entities and assert them against other industry members. In the particular context of privateering, antitrust law is almost certainly not the proper legal solution. Privateering does raise significant issues: circumventing litigation constraints, evading licensing obligations, and raising the cost and frequency of …
Rent-Seeking And Inter Partes Review: An Analysis Of Invalidity Assertion Entities In Patent Law,
2016
Oklahoma State University
Rent-Seeking And Inter Partes Review: An Analysis Of Invalidity Assertion Entities In Patent Law, W. Michael Schuster
Michigan Telecommunications & Technology Law Review
This Essay is the first analysis of a recent entrant on the patent landscape: the Invalidity Assertion Entity (IAE). IAEs engage in rent-seeking by demanding payment from patent holders in exchange for not attempting to invalidate their patents through administrative action before the U.S. Patent and Trademark Office. The response to IAEs has been uniformly negative. Reflexive proposals have been raised in Congress (unsurprisingly) to terminate the IAE business model. In contrast to the common response to IAEs, this Essay discusses how profit-driven IAEs may generate socially beneficial externalities and why legislating to end the IAE business model is imprudent.
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 …
The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?,
2016
American University Washington College of Law
The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria
Labor & Employment Law Forum
No abstract provided.
An Event Study Of Patent Verdicts And Judicial Leakage,
2016
University of Wisconsin - Oshkosh
An Event Study Of Patent Verdicts And Judicial Leakage, Bryan Engelhardt, Zachary Fernandes
Economics Department Working Papers
To check for the impartiality of the United States judicial system, we investigate whether judicial decisions are leaked prior to their public release. Utilizing an event study methodology, we test for leaked information by analyzing the effect of patent infringement verdicts on the stock prices of the firms involved before and after the public release of the verdict. We find evidence that at least some of the decisions are leaked prior to their public release.
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.
