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Federal Rules of Civil Procedure with Practice Commentaries: with CFC, MDL, and Admiralty Rules [SALE: WAS $59.95 / NOW 50% OFF] |
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| ![Federal Rules of Civil Procedure with Practice Commentaries: with CFC, MDL, and Admiralty Rules [SALE: WAS $59.95 / NOW 50% OFF]](/abastore/products/images/5310191.gif) |
| 5310191 |
| National Institute for Trial Advocacy NITA |
| 2002 |
| 978-1-55681-761-8 |
| 572 |
| 6 x 9 Paperback |
| Section of Litigation |
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| $29.98 (Regular) |
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Published by the National Institute for Trial Advocacy (NITA) and distributed by the ABA Section of Litigation, this valuable text combines the knowledge of twenty-five practitioners on the practical uses of the Federal Rules of Civil Procedure (FRCP). All authors are partners, professors, or senior government attorneys and all are practicing litigators.
Part One includes the complete text of the Federal Rules of Civil Procedure. These rules were designed to regulate proceedings, and give federal judges a broad grant of discretionary power to ensure that actions are dealt with in the most efficient way possible. Each rule is followed by valuable practice pointers that begin by stating the general purpose of the rule. The commentary goes on to clearly explain key elements of each rule, along with important case cites.
In Part Two, I. Thomas Beijing and John A. Burkholder of McKenna & Cuneo, give useful advice on the Rules of the U.S. Court of Federal Claims (RCFC). These rules are compared to the FRCP, and therefore are more understandable when discussed in the context of the FRCP those rather than standing alone. The Court of Federal Claims is limited for the most part to monetary claims against the US for such things as contract payments, military and civilian employee compensation, and the like. Plaintiffs in the CFC are always private parties, and the defendant is always the US government.
Part Three provides expert commentary on the Rules of Procedure for the Judicial Panel on Multidistrict Litigation (MDL) written by Janet Gillian Abaray of Lopez Hodes Restaino Milman Skikos & Polos. The Panel consists of seven federal district or circuit court judges who are appointed by the Chief Justice to serve as Panel members in addition to their regular duties. The Panel meets bimonthly to hear oral arguments on motions that can include original motions for multidistrict consolidation of a particular litigation, motions to transfer newly filed cases to a pending multidistrict action, or motions to remand cases back to their originating courts at the conclusion of multidistrict proceedings. Abaray's commentary highlights the key points of each Rule of Procedure for MDL.
The Supplemental Rules for Certain Admiralty and Maritime Claims and the commentary for each of these rules complete this text as Part Four. These were authored by Chester D. Hooper, James H. Hohenstein, and Vincent J. Foley of Holland & Knight, each of whom have years of litigation experience in admiralty practice. The Supplemental Rules provide the practitioner with special procedures for arrest, attachment, and limitation of liability unique to admiralty law. Specifically, the Supplemental Rules provide two types of prejudgment seizure procedure, which are thoroughly discussed by this talented team of authors.
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