Category Archives: Civil Procedure

Dane Ullian, Retroactive Application of State Long-Arm Statutes

Posted on October 28, 2013 by Brock Hankins

A precondition to a court’s exercising any measure of authority over an individual or an entity is the court’s establishment of personal jurisdiction. A court may exercise personal jurisdiction over a nonresident defendant only if the forum state provides a statutory basis for … Continue reading →

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Andrew S. Pollis, Civil Rule 54(B): Seventy-Five and Ready for Retirement

Posted on September 4, 2013 by Brock Hankins

As we commemorate the diamond anniversary of the Federal Rules of Civil Procedure, this Article takes a critical look at one of the failed Rules: Rule 54(b). Although many commentators have noted difficulties with Rule 54(b), this is the first … Continue reading →

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Lauren Rehm, A Proposal for Settling the Interpretation of Florida’s Proposals for Settlement

Posted on January 22, 2013 by mike814

Although created to encourage settlement, few rules have generated more collateral litigation than Florida’s proposals for settlement provisions. While Florida Statutes section 768.79 creates a substantive right to attorney’s fees, Florida Rule of Civil Procedure 1.442 provides a procedural enforcement … Continue reading →

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Sergio J. Campos, Erie as a Choice of Enforcement Defaults

Posted on January 22, 2013 by mike814

The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure a state court would use. Displacing the state procedure with the federal procedure (or not) … Continue reading →

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Justin R. Pidot, The Invisibility of Jurisdictional Procedure and Its Consequences

Posted on September 5, 2012 by mike814

Modern standing doctrine has been the subject of substantial scholarly inquiry. Critics charge that it allows judges to resolve cases based on their own ideologies, favoring corporations over individuals and those who harm over those harmed. The doctrine likewise disserves … Continue reading →

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Richard Esenberg, A Modest Proposal for Human Limitations on Cyberdiscovery

Posted on September 4, 2012 by mike814

Many lawyers, whether by training or disposition, have come to regard discovery as a process in which no stone is to be left unturned. With the advent of electronically stored information, the stones have become too numerous to account. Discovery … Continue reading →

Posted in Civil Procedure, Computer & Internet Law, Uncategorized | Comments Off