Tag Archives: Civil Procedure

Kevin M. Clermont, Sequencing the Issues for Judicial Decisionmaking: Limitations from Jurisdictional Primacy and Intrasuit Preclusion

63 Fla. L. Rev. 301 (2011)| |  | | ABSTRACT :: This Article treats the order of decision on multiple issues in a single case. That order can be very important, with a lot at stake for the court, society, and … Continue reading

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Andrew Blair-Stanek, Twombly is the Logical Extension of the Mathew v. Eldridge Test for Discovery

62 Fla. L. Rev. 1 (2010) |   |   |   | ABSTRACT :: The Supreme Court’s 2007 decision in Bell Atlantic Corp. v. Twombly has baffled and mystified both practitioners and scholars, casting aside the well-settled rule for … Continue reading

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Lisa Eichhorn, Sense of Disentitlement: Frame-Shifting and Metaphor in Ashcroft v. Iqbal

62 Fla. L. Rev. 951 (2010) | | | | INTRODUCTION :: Judicial opinions analyzing civil procedure issues are unlikely sources of rich imagery. Recent legal scholarship on metaphor has focused on sexier areas of the law, such as constitutional … Continue reading

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C. Douglas Floyd, In Honor of Walter O. Weyrauch: Three Faces of Supplemental Jurisdiction after the Demise of United Mine Workers V. Gibbs

60 Fla. L. Rev. 277 (2008) | | | | INTRODUCTION :: In United Mine Workers v. Gibbs, the Supreme Court rejected the narrow “cause of action” test announced in Hurn v. Oursler for what was then termed pendent-claim jurisdiction … Continue reading

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Christopher R. Leslie, The Significance of Silence: Collective Action Problems and Class Action Settlements

59 Fla. L. Rev. 71 (2007) | | | | INTRODUCTION :: When the Federal Rules of Civil Procedure first provided for a class action vehicle, hopes were high that individuals would be able to act collectively to hold corporations … Continue reading

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Dustin G. Hall, Constitutional Law: What to Do When a State Fails to Take Notice that its Notice has Failed?

59 Fla. L. Rev. 453 (2007) | | | | TEXT :: After Petitioner paid off his mortgage, his annual property taxes went unpaid. Respondent, Commissioner of State Lands, subsequently certified Petitioner’s property as delinquent. Under the applicable state statute, … Continue reading

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