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Filing With Your Fingers Crossed: Should a Party Be Sanctioned for Filing a Claim to Which There is a Dispositive, Yet Waivable, Affirmative Defense?
The complications involved in addressing whether Rule 11 sanctions on plaintiff are appropriate in an instance where affirmative defenses are available to defendant are addresses in this article. The federal court’s different ...
Defendant Class Actions Under Rule 23(b)(2): Resolving the Language Dilemma
This Article explores the language dilemma created by the provisions of subsection (b)(2). After setting out the precise nature of the language dilemma, the Article discusses the arguments of those courts that have denied ...
Rambo as Potted Plant: Local Rulemaking's Preemptive Strike Against Witness-Coaching During Depositions
Several federal district courts have enacted rules that seek to preempt attorneys from interfering with the discovery process through improper "witness-coaching" by prohibiting an attorney from engaging in off-the-record ...
The Forum Selection Clause: A Tale of Two Concepts
This article posits that lack of discussion is a principal reason why the parameters of the forum selection clause remain ill-defined, and that the struggle to construct a standard for enforcement has proven difficult. ...
Conflicts of Interest and the Indigent Client: Barring the Door to the Last Lawyer in Town
In order to revisit the application of conflict of interest principles to legal services practice, this article employs a survey of legal services providers. In addition to setting a context for discussion by determining ...