Research Reports

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Sealed Settlement Agreements in Federal District Court—May 2003 Progress Report

Tim Reagan, Marie Leary, Shannon R. Wheatman, Thomas E. Willging, Natacha Blain, George W. Cort, D. Dean P. Miletich

May 1, 2003

Case records generally are public records and all documents filed with a court are available to the public for inspection upon request unless a statute, rule, or order provides otherwise. This report summarizes federal and state court rules on sealing documents in trial courts files.

A Qualitative Study of Issues Raised by the Discovery of Computer-Based Information in Civil Litigation, September 13, 2002

Molly Johnson, Kenneth J. Withers, Meghan A. Dunn

September 13, 2002

This research report was submitted to the Judicial Conference Advisory Committee on Civil Rules for its October 2002 meeting.

Effects of Amchem/Ortiz on the Filing of Federal Class Actions: Report to the Advisory Committee on Civil Rules

Robert J. Niemic, Thomas E. Willging

September 9, 2002

The Advisory Committee on Civil Rules has been considering a proposal to revise Fed. R. Civil P. 23 to create new certification standards that would apply only to settlement class actions. The Committee sought empirical research from the Center to help it decide how to proceed.

Statement of Allegations and Reasons in Chief Judge Dismissal Orders Under the Judicial Conduct and Disability Act of 1980

Jeffrey N. Barr, Thomas E. Willging

May 1, 2002

This brief report was prepared at the request of the Subcommittee on Courts, the Internet, and Intellectual Property of the House Judiciary Committee.

Past and Potential Uses of Empirical Research in Civil Rulemaking

Thomas E. Willging

April 1, 2002

This article describes some of the advantages, disadvantages, potential benefits, and limitations of conducting empirical research to inform the civil rulemaking process.

Defining the "Majority" Vote Requirement in Federal Rule of Appellate Procedure 35(a) for Rehearings En Banc in the United States Courts of Appeals

Marie Leary

February 1, 2002

This report was prepared at the request of the Committee on Appellate Rules as they consider proposing a uniform rule on en banc voting procedures for the courts of appeals.

Judge and Attorney Experiences, Practices, and Concerns Regarding Expert Testimony in Federal Civil Trials

Carol L. Krafka, D. Dean P. Miletich, Joe S. Cecil, Meghan A. Dunn, Molly Johnson

January 1, 2002

This is an expanded version of Expert Testimony in Federal Civil Trials: A Preliminary Analysis (2000).

Alternative Structures for Bankruptcy Appeals

Elizabeth C. Wiggins, Judith A. McKenna

January 1, 2002

Under the current bankruptcy appellate system, appeals from dispositive orders of bankruptcy judges are taken to the district court or to the bankruptcy appellate panel, if one has been established and the district has chosen to participate, with further appeal as of right to the court of appeals

Trends in Summary Judgment Practice: A Preliminary Analysis

Joe S. Cecil, George W. Cort, D. Dean P. Miletich

November 1, 2001

The drop in trial rate in civil cases over the past three decades prompts many hypotheses about the cause. One possible explanation is an increase in dispositive motions, especially motions for summary judgment.

Neutral Science Panels: Two Examples of Panels of Court-Appointed Experts in the Breast Implants Product Liability Litigation

Laural L. Hooper, Joe S. Cecil, Thomas E. Willging

June 15, 2001

This report to the Judicial Conference Committee on Court Administration and Case Management describes two different types of independent panels used in the silicone gel breast implants litigation.

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