Do parties to nuisance cases bargain after judgment? A glimpse inside the cathedral

Article Abstract:

An examination of 20 sample nuisance cases reveals several obstacles to bargaining after judgment by the parties. These obstacles, not previously considered in the literature of remedies, include the disinclination of the parties to treat the rights at issue as commodities, the parties' distaste for bargaining, and the lack of proper substitutes for the rights involved. The parties' attitudes about bargaining, even when the "transaction costs" of bargaining were low, differed sharply from those economists and attorneys who employ the "market-like" model for bargaining behavior.

States, Psychological aspects, Remedies, Negotiation, Negotiations, Nuisances, Nuisance, Coase theorem

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Breaking up is hard to do: allocating fees from the unfinished business of a professional corporation

Article Abstract:

Corporate law should generally apply to cases of lawyer-shareholder withdrawals from professional corporations and partnership law should apply only where clear evidence of corporate dissolution exists. Courts have applied a case-by-case ad hoc approach to the problem of allocation of unfinished corporate business upon lawyers' withdrawals. That approach may be fair in individual cases but predicability and judicial economy are better served by a uniform rule.

Finance, Attorneys, Lawyers' fees, Law firms, Professional corporations

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Allocating the burden of proof in 60(b)(4) motions to vacate a default judgment for lack of jurisdiction

Article Abstract:

The author discusses the elements of personal jurisdiction challenges following default judgments. Section 60(b)(4) of the Federal Rules of Civil Procedure and various approaches to the allocation of the burden of proof on motions to vacate for lack of jurisdiction are discussed.

Laws, regulations and rules, Burden of proof, Judgments by default, Default judgments

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