Recent Cases

Civil Procedure--Class Actions--Order Dismissing Class Action that Leaves Plaintiff To Litigate a Small Monetary Claim Is Not a Final Appealable Order Under 28 U.S.C. § 1291 Plaintiff consumer, claiming to represent one and one-half million purchasers of defendants products, filed a class action under section 4 of the Clayton Act, seeking treble damages, costs, and attorney\u27s fees from defendants for alleged antitrust violations. Defendants successfully moved for a stay of proceedings pending the district court\u27s determination of whether the case could be maintained as a class action.The court found the class unmanageable and, in accordance with Rule 23(c)(1) of the Federal Rules of Civil Procedure, issued an order denying confirmation of the class action. ========================= Evidence-Impeachment-Admission of Prior Conviction To Impeach Defendant-Witness Violates Constitutional Right to Due Process Defendant was tried in a Hawaii state court for first degree murder. During the trial, defendant chose to testify in his own defense. In order to impeach defendant\u27s credibility as a witness, the prosecutor introduced the record of defendant\u27s previous felony conviction., The evidence was admitted for impeachment purposes pursuant to a state statute providing that evidence of prior convictions of a defendant-witness may be introduced in criminal cases to attack the credibility of the accused\u27s testimony