Questions linger on punitives and evidence

Article Abstract:

The Supreme Court's decisions for the 1992-93 term did not clarify the issues of punitive damage limitations or the admissibility of expert evidence. The court passed on their chance to limit punitive damages by handing out a punitive award 526 times greater than the actual damages. The courts apparently want Congress to set the limit. A case involving the validity of expert testimony found the court favoring the more liberal relevance-and-reliability test over the more popular 'general acceptance' test.

Standards, Exemplary damages, Punitive damages, Evidence, Expert, Expert evidence, Limitation of damages, Limitations of damages

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Civil rule revisions a mixed bag

Article Abstract:

The Supreme Court approved revisions to the Federal Rules of Civil Procedure during its 1992-92 term, ending four years of public debate. The revisions eliminate the mandatory sanctions for litigious misconduct and give lawyers a 'safe harbor' to fix their mistakes. The court also approved revisions to the federal discovery rules, but the effects of this have yet to be determined.

Conduct of court proceedings, Courtroom proceedings

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Class action, part II

Article Abstract:

Using the All Writs Act in removal jurisdiction is discussed. Due to Syngenta Crop Protection Inc v. Henson, a 2002 ruling which is discussed in some detail, fear class action settlement hit afterwards with state class actions may be in some danger.

Legal issues & crime, Government regulation (cont), Government regulation, Management dynamics, Legal/Government Regulation, Management, Class actions (Civil procedure), Class action lawsuits, Laws, regulations and rules, Company business management, Removal of causes

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