Not exact matches
The impact
of voting by
nonparty members is much greater upon minor parties, such as the Libertarian Party and the Peace and Freedom Party.
While acknowledging the reality
of this threat, the Court noted that the argument «flies in the face
of the rule against
nonparty preclusion,» which «perforce leads to relitigation
of many issues &» Smith, slip op.
Historically, the practice
of funding legal action in exchange for future remuneration has been governed by the common law doctrines
of champerty and maintenance, which emerged to safeguard a party's best interests and protect the administration
of justice against abuse from
nonparties.
This edition contains new sections on the future
of the Courts
of Appeals, judicial rulemaking,
nonparty appeals in criminal matters, and an updated bibliography.»
1057 (prohibiting factfinders from imposing punitive damage awards based on the amount
of harm caused by the defendant to
nonparties to the litigation).