Complex Litigation

Author: Jay Tidmarsh
Publisher:
ISBN: 9781566628853
Size: 22.14 MB
Format: PDF, Kindle
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Offers concepts of and insights into the forms and functions of complex litigation issues, including their implications. Helps students in such courses to review and study, as well as serves as a reference book for students once they are in practice.

Materials For A Basic Course In Civil Procedure

Author: Kevin Clermont
Publisher: Foundation Press
ISBN: 9781634593090
Size: 15.70 MB
Format: PDF, Mobi
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This casebook is the concise, and very modern, version of a respected classic of civil procedure casebooks. The key to its brevity is its efficient and systematic step-by-step survey of the subject in Part One, which provides a tight 270-page comprehensive treatment of current civil procedure. The survey suffices to give the students a complete and solid grounding in civil procedure by means of the cases, commentaries, text, and questions that progress from pretrial and settlement to trial, judgment, appeal, jurisdiction, and complex litigation. This brief yet thorough coverage leaves time for in-depth treatment of a few selected problem areas regarding the system's fundamental structure in Part Two on governing law, Part Three on authority to adjudicate, and Part Four on res judicata. The twelfth edition has been thoroughly updated. It covers major new cases on general and specific personal jurisdiction and on pleading, and it introduces new materials on the res judicata effect of statute-of-limitations dismissals. It also fully incorporates the new amendments to the Federal Rules of Civil Procedure, which affect such important topics as discovery.

Class Actions

Author: Robert H. Klonoff
Publisher: West Academic Publishing
ISBN: 9780314911650
Size: 74.79 MB
Format: PDF, Kindle
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This casebook focuses on one of the most important and dynamic areas of modern federal civil practice - aggregate-party litigation, particularly class actions. The casebook covers the latest groundbreaking Supreme Court cases involving employment discrimination, arbitration and securities fraud. The book not only provides cutting edge cases, it explores litigation strategies used by practitioners and examines the theories underlying complex, multi-party litigation. As such, the book is ideal for scholars, lawyers and students.

Complex Litigation

Author: E. Thomas Sullivan
Publisher: LexisNexis
ISBN: 163044782X
Size: 68.38 MB
Format: PDF, ePub
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This unique coursebook has a number of distinguishing features. First, unlike traditional casebooks with their primary focus on case materials, the text presents a limited number of leading cases, coupled with extensive textual and note material reviewing existing doctrine and exploring unanswered legal and policy issues. Second, the text is current on cutting-edge issues while still paying attention to the fundamentals. Third, the text is both compact and comprehensive. This text aims to be state-of-the-art in the field of complex litigation and is designed for use in ether two- or three-unit courses. In addition to structural issues, such as Internet jurisdiction, the use of "minimal diversity" as a basis for federal jurisdiction, and mechanisms for the coordination of overlapping federal and state litigation, the text contains in-depth discussion of: The most recent developments in class action practice under Federal Rule 23; appointment and compensation of lead and class counsel; operation of the multidistrict statute; choice of law issues in multijurisdictional cases; and preclusion issues raised by complex cases, including limits on the use of non-party preclusion under the Supreme Court's decision in Taylor v. Sturgell. The text also examines core aspects of the complex litigation process itself, including judicial management of the pre-trial process, the conduct and control of discovery with a focus on the burgeoning field of electronic discovery including metadata, and mechanisms for disposing of cases without trial, including comprehensive treatment of the Supreme Court's recent decisions facilitating dismissal of cases on the pleadings, and the increasing prevalence of arbitration and waivers of class arbitration. This eBook features links to Lexis Advance for further legal research options.

Civil Procedure Stories

Author: Kevin M. Clermont
Publisher:
ISBN: 9781599413471
Size: 67.21 MB
Format: PDF, Docs
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This book is a collaborative effort by fourteen law-school professors to provide a deeper understanding of the great civil procedure cases. The professors each wrote a short chapter on one of the cases, retelling the cases in their own voice and by their own method. Each chapter has a fairly consistent structure, with separate sections on: social and legal background of the case; factual background of the case; lower court proceedings in the case; final appellate disposition, including issues, decisions, reasons, and separate opinions; factual postscript to the case; immediate impact of the case on the development of the law (why the case is famous and when it became so); and continuing importance of the case today (why it is still a leading case).The accompanying website, http://civprostories.law.cornell.edu, serves as a research tool for students, academics, and practitioners. The poste

Transnational Civil Litigation

Author: George Rutherglen
Publisher: Foundation Press
ISBN: 9781634595001
Size: 40.40 MB
Format: PDF, Mobi
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This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and substantive human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.

The Law Of Class Actions And Other Aggregate Litigation

Author: Richard A. Nagareda
Publisher: Foundation Press
ISBN: 9781609302702
Size: 35.93 MB
Format: PDF, ePub
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The second edition of this casebook treats the subject of aggregate litigation as a coherent whole. The new authors have preserved the original focus while updating, revising and enriching the discussions of particular topics. The materials on class actions have been tightened and reorganized, reflecting recent judicial decisions that have made class actions harder to certify, and the materials on other procedural devices, including consolidations and arbitration, have been strengthened. The discussions contain more information about litigation strategies, judicial practices, financial considerations, and empirical findings. As before, this book fills three gaps in the market for teaching materials on the U.S. civil justice system. First, it establishes aggregate litigation as a cohesive field of procedural law, one that encompasses all devices for processing claims en masse, including class actions, multi-district litigations and other forms of consolidation, aggregate settlements, parens patriae lawsuits, bankruptcy reorganizations, and private arbitrations. Second, the casebook confronts forthrightly the reality of our civil justice system as one geared toward settlement, not the rare event of trial. From this vantage point, the casebook sees the processes for aggregate litigation as vehicles through which to achieve comprehensive, or broadly encompassing, resolution of related civil claims. Third, the casebook frames the legitimacy of preclusion in aggregate litigation by drawing, among other things, on aspects of private contract and public legislation. In so doing, the casebook encourages students to see cross-cutting connections with their other courses on such topics as contracts, corporations, and administrative law.