Litigation and inequality : federal diversity jurisdiction in industrial America, 1870-1958 / Edward A. Purcell, Jr.

Format:

Book

Author/Creator:

Purcell, Edward A., author.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Jurisdiction--Social aspects--United States--History.

Jurisdiction.

Civil procedure--Social aspects--United States--History.

Civil procedure.

Courts--United States--History.

Courts.

Actions and defenses--United States--History.

Actions and defenses.

Physical Description:

1 online resource (459 p.)

Edition:

1st ed.

Place of Publication:

New York : Oxford University Press, 2023.

Language Note:

English

Summary:

Explores the relationship between legal and social change through a study of American litigation practice. The text examines changing litigation patterns in suits between individuals and corporations over tort claims for personal injuries and contract claims for insurance benefits.

Contents:

Contents; Introduction; 1. Origins of a Social Litigation System; 2. The Social Structure of Party Inequality and the Informal Legal Process; 3. The Federal Common Law; 4. The Battle for Forum Control, I: The Jurisdictional Amount and the Limits of Corporate Liability; 5. The Battle for Forum Control, II: Joinder and the Limits of the System; 6. Removal and the Problems of Local Prejudice: Three Perspectives on the System; 7. Contraction and Evolution: The System After 1910; 8. The Rise of Interstate Forum Shopping; 9. Tactical Escalation in Insurance Litigation; 10. Disintegration

11. Retrospective: History, Procedure, and the Social Role of the Federal CourtsNotes; Index; A; B; C; D; E; F; G; H; I; J; K; L; M; N; O; P; R; S; T; U; V; W; Y

Notes:

Previously issued in print: 1992.

Includes bibliographical references and index.

Derived record based on print version record and publisher information.

ISBN:

0-19-771987-2

1-280-52602-5

0-19-536090-7

1-4294-0752-2

OCLC:

476008691

Publisher Number:

2027/heb07921 hdl