Complex Litigation and the Adversary System
A law school level coursebook on complex litigation and the adversary system. The book examines the four ways in which cases can be complex: joinder issues, pretrial issues, trial issues, and remedial issues. The book challenges the reader to consider whether the prevailing doctrines in these areas are consistent with modern adversarial theory, with the aspirations of our system of justice, and with a democratic system's constraints on judicial power. One volume.
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Table of Cases
Table of Authorities
An Overview of Complex Litigation Theory
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2d Cir 5th Cir absent adequate adjudication adversary system aggregation alleged Amendment ancillary jurisdiction Antitrust apply argument Asbestos Litigation asserted bankruptcy Circuit Civil Procedure claimants class action class certification class counsel class members class representatives collateral estoppel common law common questions complaint complex litigation consolidation constitutional Corp Dalkon Shield decision defendants denied determine dismissed district court diversity diversity jurisdiction doctrine due process enjoin equity fact federal court Federal Rules filed forum non conveniens individual injunction injury Insurance interest interpleader intervention involved issue preclusion joinder complexity judge judgment judicial jury justice lawsuit lawyer dysfunction limited mandatory joinder mass tort multidistrict nonparties opt-out Panel parties pending permit personal jurisdiction petitioners present pretrial problem proceedings Products Liability re-litigation reason relief remand remedy representation requirement res judicata Rule 23 Shutts statute substantive suit Supp supplemental jurisdiction supra Supreme Court transfer transferee court trial venue