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SCOTUSblog

SCOTUSblog

Covers the Supreme Court of the United States. By Bloomberg Law.

http://www.scotusblog.com/
  • Jul 31

    Health care subsidies issue rushed to Court

    Health care subsidies issue rushed to Court
    Nine days after two federal appeals courts reached opposite rulings on a major new threat to the federal health care law, challengers pursuing that threat rushed to the Supreme Court on Thursday with a plea to step in and settle the dispute…
  • Jul 31

    Petition of the day

    Petition of the day
    The petition of the day is: Goins v. Lazaroff 13-1517 Issue: Whether an aggregate prison term imposed on a juvenile for non-homicide offenses that does not permit release before 100 years of age constitutes a sentence of life…
  • Jul 31

    Justice Ruth Bader Ginsburg talks with Katie Couric

    Justice Ruth Bader Ginsburg talks with Katie Couric
    In an exclusive interview, Supreme Court Justice Ruth Bader Ginsburg talks with Yahoo Global News Anchor Katie Couric about everything from retirement to her jabots and the Court’s recent decision in Burwell v. Hobby Lobby.  Links…
Rank this Week: 12

Information Governance Engagement…

Information Governance Engagement Area

Established with the goal of aggregating key compliance and electronic discovery news for further review, study, and consideration by legal and corporate professionals. By Rob Robinson.

http://infogovernance.blogspot.com/
  • May 8

    Weekly eDiscovery News and Views - May 8, 2013

    Weekly eDiscovery News and Views - May 8, 2013
    Compiled  from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and…
  • May 8

    Weekly eDiscovery News and Views - May 8, 2013

    Weekly eDiscovery News and Views - May 8, 2013
    Compiled  from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and…
  • May 1

    Weekly eDiscovery News and Views - May 1, 2013

    Weekly eDiscovery News and Views - May 1, 2013
    Compiled from online public domain resources, provided for your review/use is this week's update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and announcements.  Follow…
Rank this Week: 30

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Jul 26

    Programming note

    Programming note
    Programming note: Each summer I take at least a week's vacation from work and from this blog. This summer, my vacation begins now. New posts will appear here on Monday, August 4, 2014. Readers are invited to follow me on Twitter at…
  • Jul 26

    "Hillary Clinton touts Supreme Court Justice Sonia Sotomayor's memoir while visiting the Bronx"

    "Hillary Clinton touts Supreme Court Justice Sonia Sotomayor's memoir while visiting the Bronx"
    "Hillary Clinton touts Supreme Court Justice Sonia Sotomayor's memoir while visiting the Bronx": The New York Daily News has this report.
  • Jul 26

    "TPD pinpoints garage in Markel's death"

    "TPD pinpoints garage in Markel's death"
    "TPD pinpoints garage in Markel's death": Sean Rossman has this article in today's edition of The Tallahassee Democrat.
Rank this Week: 45

Conflict of Laws .net

Conflict of Laws .net

Covers news and discussion on the conflict of laws in private international law cases. Editor is Martin George of the University of Birmingham. Published in association with the Journal of Private International Law.

http://conflictoflaws.net
  • Jul 27

    Latest on Spanish Journals (II)

    Latest on Spanish Journals (II)
    The last issue of La Ley. Unión Europea (July 2014) has also been released this month.  Prof. P. de Miguel Asensio (Universidad Complutense of Madrid) is the author of the first contribution, entitled “El tratamiento de…
  • Jul 27

    Latest on Spanish Journals (I)

    Latest on Spanish Journals (I)
     Vol. VII (2014, 2) of the Spanish journal Arbitraje. Revista de Arbitraje Comercial y de Inversiones has just been released. The following contributions are to be found therein: Under the heading Estudios Franco FERRARI: Forum shopping:…
  • Jul 24

    Save the Date: Next Conference of the German Academic Association for International Procedural Law

    Save the Date: Next Conference of the German Academic Association for International Procedural Law
    The next biannual conference of the German Academic Association for International Procedural Law (Wissenschaftliche Vereinigung für Internationales Verfahrensrecht e.V.) will take place from 25 to 28 March 2015 in Luxemburg. It will…
Rank this Week: 51

ICT for Peacebuilding

ICT for Peacebuilding

Exploring the use of technology for conflict transformation, focusing on the use of information communications technology (ICT) for peacebuilding. From Sanjana Hattotuwa.

http://ict4peace.wordpress.com
  • Jul 2

    Ten years after the Asian tsunami, new ideas for DRR: Keynote address at ISCRAM 2014

    Ten years after the Asian tsunami, new ideas for DRR: Keynote address at ISCRAM 2014
    I was invited to deliver a keynote address at the ISCRAM Asia Conference 2014 held in Sri Lanka from 20 – 21 June 2014. My session was held at the University of Colombo’s School of Computing and was titled ‘The more the…
  • Jul 2

    Ten years after the Asian tsunami, new ideas for DRR: Keynote address at ISCRAM 2014

    Ten years after the Asian tsunami, new ideas for DRR: Keynote address at ISCRAM 2014
    I was invited to deliver a keynote address at the ISCRAM Asia Conference 2014 held in Sri Lanka from 20 – 21 June 2014. My session was held at the University of Colombo’s School of Computing and was titled ‘The more the…
  • Jun 10

    Remixing Pharrell’s ‘Happy’ in Sri Lanka

    Remixing Pharrell’s ‘Happy’ in Sri Lanka
    Intrigued by the production of several geo-remixed (a term borrowed from Ethan Zuckerman) videos in Sri Lanka of Pharrell’s ‘Happy’ song, I penned an article for Groundviews. I submit, Happiness is clearly present and…
Rank this Week: 56

Class Action Fairness Act Blog

Class Action Fairness Act Blog

Offers information, cases and insights on the Class Action Fairness Act of 2005 (CAFA). By McGlinchey Stafford.

http://www.cafalawblog.com/
  • Jul 2

    Only Concrete Evidence Can Keep a Defendant’s Case Afloat Under CAFA’S Legal Certainty Standard

    Only Concrete Evidence Can Keep a Defendant’s Case Afloat Under CAFA’S Legal Certainty Standard
    Bell v. Home Depot U.S.A., Inc., 2013 WL 1791920 (E.D.Cal. April 26, 2013). As amended by CAFA, 28 U.S.C. § 1332(d) vests district courts with original jurisdiction of any civil action in which the amount in controversy exceeds…
  • May 23

    Forum Shopping May Not Qualify as Bad Faith

    Forum Shopping May Not Qualify as Bad Faith
    Deaver v. BBVA Compass Consulting & Benefits, Inc., 2013 WL 2156280 (N.D. Cal. May 17, 2013). The U.S. District Court for the Northern District of Florida determined whether the Supreme Court’s recent decision in Standard Fire…
  • May 22

    District Court Can Stay Its Remand Order Pending Appeal

    District Court Can Stay Its Remand Order Pending Appeal
    Dalton v. Walgreen Co., 2013 WL 2367837 (E.D. Mo. May 29, 2013). Staying its remand order to facilitate the defendant to prefer an appeal, the U.S. District Court for the Eastern District of Missouri held that it had jurisdiction to reopen…
Rank this Week: 61

Minnesota Litigator

Minnesota Litigator

Covers legal developments for civil litigators in Minnesota. By Seth Leventhal.

http://www.minnesota-litigator.com/
  • Jul 31

    Dogs Days for Hotel Plaintiffs in Minnesota Federal Court…

    Dogs Days for Hotel Plaintiffs in Minnesota Federal Court…
     Update (August 5, 2014): Answering the riddle below, it seems that Carlson, Inc. made a small fortune by starting with a larger fortune, then spending years fighting with and blaming IBM for problems in an attempt to wiggle out of…
  • Jul 31

    Locks Vulnerable To A Simple Hack: Can Buyers Sue Before They’re Burgled?

    Locks Vulnerable To A Simple Hack: Can Buyers Sue Before They’re Burgled?
    Apparently not. United States Court Judge Susan R. Nelson (D. Minn.)  has thrown out a putative class action against a lock manufacturer who, it is alleged, has made and sold a few lock models that are “stupidly simple” to…
  • Jul 30

    Dorsey Lawyer Steve Wells Merits Combat Pay For Hot Seventh Circuit Bench

    Dorsey Lawyer Steve Wells Merits Combat Pay For Hot Seventh Circuit Bench
    Steve Wells went before the U.S. Court of Appeals for the Seventh Circuit this past week in fighting for Bruce Webster, who appears to have been mentally retarded when he committed the crime for which he was convicted. Nevertheless,…
Rank this Week: 92

Structured Settlements 4Real

Structured Settlements 4Real

Provides structured settlement information, provocative commentary, news and opinion about structured settlements and settlement planning. By John Darer.

http://structuredsettlements.typepad.com/structured_settlements_4r/
Rank this Week: 123

California Punitive Damages

California Punitive Damages

Covers California punitive damages litigation. By Horvitz & Levy LLP.

http://calpunitives.blogspot.com/
Rank this Week: 137

Point of Law Forum

Point of Law Forum

Provides information and opinion on the U.S. litigation system. By the Manhattan Institute and AEI Liability Project. Contributors include Professors Michael Krauss, David Bernstein, Lester Brickman, Michael DeBow, Richard Epstein, Daniel P. Kessler and Stephen Presser.

http://www.pointoflaw.com/
  • Nov 27

    Chairman Schapiro's Troubled Tenure at the SEC

    Chairman Schapiro's Troubled Tenure at the SEC
    Chairman Schapiro announced yesterday that she will be stepping down as head of the Securities and Exchange Commission (SEC) in several weeks. Accompanying her announcement, was a nine-page list of her accomplishments during her nearly…
  • Nov 26

    The Philadelphia Story

    The Philadelphia Story
    The success of trial lawyers in Philadelphia has come at the expense of the Pennsylvania economy. Our own Jim Copland explains in an op-ed and at great detail in Trial Lawyers Inc. - Philadelphia....
  • Nov 25

    Senator-elect Warren's Quandary

    Senator-elect Warren's Quandary
    There has been a lot of speculation about whether Senator-elect Elizabeth Warren will get a seat on the Senate Banking Committee, a perfect forum to go after the financial industry. If Ms. Warren does get the coveted spot, she may...
Rank this Week: 160

Asset Search Blog

Asset Search Blog

Covers asset searches, fraud investigations, and legal strategies for recovering hidden assets. By Fred L. Abrams.

http://www.assetsearchblog.com/
  • Jul 22

    Recovering Illicit Assets Via Switzerland’s Mutual Legal Assistance Unit

    Recovering Illicit Assets Via Switzerland’s Mutual Legal Assistance Unit
    Mr. Pascal Gossin is the head of Switzerland’s Mutual Legal Assistance Unit, (hereinafter “the Unit”), which is part of the Federal Office of Justice.  Mr. Gossin was a fellow speaker at the Carmelite Chambers…
  • Jul 3

    Divorce & Hidden Money: Four Methods Spouses Sometimes Use To Conceal Asset

    Divorce & Hidden Money: Four Methods Spouses Sometimes Use To Conceal Asset
    This is the eighth post in the “Divorce & Hidden Money” series.  Like “Four Asset Concealment Tools” and “Four Ways Assets Can Be Secretly Transferred”, the post reveals methods a spouse may use to…
  • Jun 10

    Carmelite Chambers International Fraud & Asset Recovery Conference

    Carmelite Chambers International Fraud & Asset Recovery Conference
    I will present my program “The Ins & Outs Of Recovering Assets Via Whistleblowers & Other Tipsters” in London at 11:40 AM June 23, 2014, during the Carmelite Chambers International Fraud & Asset Recovery…
Rank this Week: 196

Litigation and Trial

Litigation and Trial

Covers topics related to civil litigation. By Maxwell S. Kennerly.

http://www.litigationandtrial.com/
  • Jul 28

    Please Stop Calling Amazon A Monopoly

    Please Stop Calling Amazon A Monopoly
    © Max Kennerly. The original for this post is Please Stop Calling Amazon A Monopoly at Litigation & Trial Lawyer Blog.  I read a lot of book-related publications and blogs, and thus I have endured weeks of Hachette-versus-Amazon…
  • Jul 22

    Daubert Doesn’t Ask Judges To Become Experts On Statistic

    Daubert Doesn’t Ask Judges To Become Experts On Statistic
    © Max Kennerly. The original for this post is Daubert Doesn’t Ask Judges To Become Experts On Statistics at Litigation & Trial Lawyer Blog.Back in 2012, I wrote: “Scientific evidence is one of those rare areas of law upon…
  • Jul 11

    This Is Rice: How To Get Better At The Practice Of Law

    This Is Rice: How To Get Better At The Practice Of Law
    © Max Kennerly. The original for this post is This Is Rice: How To Get Better At The Practice Of Law at Litigation & Trial Lawyer Blog.  This month the Smithsonian has long profile on Anthony Bourdain that ends with, “What…
Rank this Week: 237

Tort Talk

Tort Talk

Provides updates and trends in Pennsylvania civil litigation law. By Daniel E. Cummins.

http://www.torttalk.com/
Rank this Week: 240

Chicago IP Litigation Blog

Chicago IP Litigation Blog

Covers Northern District of Illinois intellectual property cases. By R. David Donoghue.

http://www.chicagoiplitigation.com/
  • Jul 28

    Scheduling Delay Does Not Warrant Canceling the Deposition

    Scheduling Delay Does Not Warrant Canceling the Deposition
    Cleversafe, Inc. v. Amplidata, Inc., No. 11 C 4890, Slip Op. (N.D. Ill. Jan. 11, 2014) (Cole, Mag. J.). Judge Cole denied plaintiff Cleversafe’s motion for a protective order and sanctions preventing the deposition of Cleversafe’s…
  • Jul 25

    “Growing Trend” That Bit Torrent Doe Defendants Need Not be Time-Related

    “Growing Trend” That Bit Torrent Doe Defendants Need Not be Time-Related
    TCYK, LLC, v. Does 1-44, No. 13 C 3825, Slip Op. (N.D. Ill. Feb. 20, 2014) (Dow J.). Judge Dow denied various Doe defendants’ motions to grant subpoenas to their respective ISPs in this BitTorrent copyright case involving the movie…
  • Jul 22

    Modifying the Innovation Act to Selectively Target the Patent Troll Problem

    Modifying the Innovation Act to Selectively Target the Patent Troll Problem
    The following is a blog post by Varun Shah, Aruba Network’s Director, Intellectual Property — full disclosure, I previously represented Aruba.  Shah has an interesting alternative patent reform proposal that seeks to target…
Rank this Week: 246

the complex litigator

the complex litigator

Covers complex litigation and class actions. By H. Scott Leviant.

http://thecomplexlitigator.com/post-data/
Rank this Week: 251

DRI Today

DRI Today

Features civil defense attorneys' perspectives on employment law, intellectual property, and product liability. From DRI - The Voice of the Defense Bar.

http://forthedefense.org/Default.aspx
  • Jul 30

    Ascertainability Is Gaining Traction in the Ninth Circuit as a Requirement for Class Certification

    Ascertainability Is Gaining Traction in the Ninth Circuit as a Requirement for Class Certification
    Defendants often raise ascertainability when opposing class certification in food, beverage, and personal care products labeling litigation.  District courts in the Ninth Circuit, however, sometimes reach different conclusions regarding…
  • Jul 25

    Another Victory for Plain Text (and I Don’t Mean Font Style)

    Another Victory for Plain Text (and I Don’t Mean Font Style)
    Earlier this week, the Seventh Circuit rejected an attempt by the U.S. Department of Justice to rewrite a federal statute to suit the Executive Branch’s convenience.  In Bormes v. United States, No. 13-1602 (7th Cir. July 22,…
  • Jul 24

    Second Circuit Affirms Attorney’s Fees Award to Prevailing Defendant

    Second Circuit Affirms Attorney’s Fees Award to Prevailing Defendant
    An attorney's fees award to prevailing defendants under 42 U.S.C. 1988 is relatively uncommon, at least more uncommon than fee awards to prevailing plaintiffs.  But this week in Carter v. Inc. Village of Ocean Beach, the Second Circuit…
Rank this Week: 266

Workplace Class Action Blog

Workplace Class Action Blog

Covers class action litigation issues, including class certification, discovery and defense strategies. By Seyfarth Shaw LLP.

http://www.workplaceclassaction.com/
  • Jul 31

    Is The EEOC’s Role To Enforce The Law, Or Make New Law?

    Is The EEOC’s Role To Enforce The Law, Or Make New Law?
    By Gerald L. Maatman, Jr. Today I had the privilege of attending the 6th Annual Forum on Defending Employment Discrimination Litigation hosted by the American Conference Institute in New York, New York (I spoke on defense strategies for…
  • Jul 23

    The Need For Vigilance: The EEOC Comes Back For A Second Bite Of An Employer After A Settlement

    The Need For Vigilance: The EEOC Comes Back For A Second Bite Of An Employer After A Settlement
    By Chris DeGroff and Brian Wong In the world of EEOC systemic enforcement, court-imposed injunctive relief accompanies nearly every settlement of Title VII claims. The parties memorialize this relief in the form of a consent decree to be…
  • Jul 22

    Iowa Supreme Court Dismisses Long-Fought Race Discrimination Class Action

    Iowa Supreme Court Dismisses Long-Fought Race Discrimination Class Action
    By Gerald L. Maatman, Jr. and Gina R. Merrill It is a truism that complex litigation often becomes a battle of the experts, and this applies with full force to class action employment discrimination cases. Skilled counsel will anticipate this…
Rank this Week: 279

The Briefcase

The Briefcase

Comments on Ohio law with an emphasis on criminal law. By Russ Bensing.

http://www.briefcase8.com/
  • Feb 28

    Friday Roundup

    Friday Roundup
    Big news from SCOTUS.  Not really.  The Potamac Nine did come down with a decision in a criminal case, Fernandez v. California.  The Highly Abbreviated Version of What Went Down:  the cops arrested Fernandez at his home,…
  • Feb 27

    My latest experiences with the burning bush

    My latest experiences with the burning bush
    I do a lot of appeals -- over 150, my BFF Lexis tells me -- and I'm constantly amazed at how much I still learn.  I've had two recent epiphanies.  The first is that the best time to start practicing for oral argument is just before…
  • Feb 26

    An unlikely story

    An unlikely story
    Every trial is a story.  The prosecution has a story.  The defense has a story.  Oftentimes, the defense story is nothing more than that the prosecution hasn't proved their story beyond a reasonable doubt. The prosecution's…
Rank this Week: 287

Expert Witness Blog

Expert Witness Blog

Covers Daubert, expert witness marketing, and expert witness testimony. By JurisPro Expert Witness Directory.

http://www.expertwitnessblog.com/
  • Jul 31

    Business Valuation Expert Witness On Clippers Deal

    Business Valuation Expert Witness On Clippers Deal
    In Does the Clippers $2 Billion Deal Make Sense?, business valuation expert witness Donald Erickson ASA , writes:In recent court testimony, Bank of America – Merrill Lynch (“BoA”) revealed its bid book (“Project…
  • Jul 29

    Aviation Safety Expert Witnesses & Southwest Airlines $12M Fine

    Aviation Safety Expert Witnesses & Southwest Airlines $12M Fine
    Aviation safety expert witnesses may consult on aviation accident analysis, aerospace engineering, aviation maintenance, and related matters. In the news, a July 28th Federal Aviation Administration press release stated that the FAA plans to…
  • Jul 28

    Oncology Expert Witness On Malpractice Insurance Part 2

    Oncology Expert Witness On Malpractice Insurance Part 2
    In Malpractice Premiums Drop for 6th Straight Year, oncology expert witness Dr. Judy L. Schmidt writes:86% of Rates Decreased or Did Not Change The MLM survey analyzes malpractice insurance rates charged by carriers in markets that range…
Rank this Week: 288

Day on Torts

Day on Torts

Covers issues relating to tort law, regulations, and trials. By John A. Day.

http://www.dayontorts.com/
  • Jul 28

    Lawsuit Against Agent for Inadequate Insurance Limit

    Lawsuit Against Agent for Inadequate Insurance Limit
     The case of Barrick v. State Farm Mut. Auto. Ins. Co. and Jones, No. M2013-01773-COA-R3-CV (Tenn. Ct. App. June 27, 2014) first begins in 2008, when the Barrick family was sued after their minor son accidentally killed a motorcyclist in…
  • Jul 25

    Truck Driver Left Vehicle and Loses Protection Under UM Coverage

    Truck Driver Left Vehicle and Loses Protection Under UM Coverage
     An over-the-road truck driver parked his truck on the shoulder of a road, got out, walked across a five-lane highway to a convenience store, purchased a soft drink and chewing tobacco, walked back across the highway towards his truck,…
  • Jul 23

    Tennessee Insurance Coverage Decision

    Tennessee Insurance Coverage Decision
     In Cleveland Custom Stone v. Acuity Mutual Insurance Company, No. E2013-02132-COA-R3-CV (June 10, 2014), the Tennessee Court of Appeals considered a myriad of issues in a case concerning an insurance company’s failure to pay…
Rank this Week: 318

eDiscovery Daily Blog

eDiscovery Daily Blog

Provides eDiscovery news, analysis and educational tips. By Trial Solutions.

http://www.ediscoverydaily.com/
Rank this Week: 351

White Collar Defense and…

White Collar Defense and Compliance

Covers developments in criminal law, federal case law, and statutes. Published by Alan Leibman of Fox Rothschild.

http://whitecollarcrime.foxrothschild.com/
Rank this Week: 383

Class Action Blog

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Packman, Nealon, Scialabba & Baker P.C.

http://classactionblog.mpnsb.com/
  • Mar 26

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)
    The Court conditionally certified Meiselman Packman Nealon Scialabba & Baker P.C.’s federal lawsuit against PJPA, LLC a Papa John’s Pizza franchisee in Pennsylvania, New Jersey and Delaware.  As a result of the…
  • Mar 14

    McDonald’s And Other Food Chains May Be Underpaying Employee

    McDonald’s And Other Food Chains May Be Underpaying Employee
    Many fast food restaurants require their employees to purchase uniforms and/or clean their uniforms at their own costs.  However, employees should be reimbursed for the cost of purchasing and cleaning their uniforms.  In a recent…
  • Mar 10

    Tom’s Natural Toothpaste May Not Actually Be Natural

    Tom’s Natural Toothpaste May Not Actually Be Natural
    Consumers in the U.S. rely on labels that say “natural” when purchasing products such as toothpastes.  Consumers are even willing to pay extra money to buy products that are labeled “natural”.  Unfortunately,…
Rank this Week: 402

Civil Procedure & Federal Courts…

Civil Procedure & Federal Courts Blog

By Robin Effron, Cynthia L. Fountaine, Patricia Hatamyar Moore and Adam Steinman.

http://lawprofessors.typepad.com/civpro/
  • Jul 31

    Specific, Not General, Jurisdiction Upheld Over Non-Residents' Claims Against Bristol-Myer

    Specific, Not General, Jurisdiction Upheld Over Non-Residents' Claims Against Bristol-Myer
    A recent opinion from the California Court of Appeals perhaps illustrates the extent to which defendants have been emboldened by the United States Supreme Court's decision striking down personal jurisdiction in Daimler AG v. Bauman. In…
  • Jul 30

    Michalski and Wood on Twombly and Iqbal at the State Level

    Michalski and Wood on Twombly and Iqbal at the State Level
    Roger Michalski (Brooklyn Law School) and Abby Wood (USC Gould School of Law) have posted Twombly and Iqbal at the State Level to SSRN. This paper contributes to the empirical literature on pleading standards by studying the effect of…
  • Jul 26

    Wiessner on Mass Claims in the Context of Argentina's Debt Default

    Wiessner on Mass Claims in the Context of Argentina's Debt Default
    My colleague Siegfried Wiessner, Professor of Law and the Director of St. Thomas' Graduate Program in Intercultural Human Rights, has posted on SSRN his article Democratizing International Arbitration? Mass Claims Proceedings in Abaclat v.…
Rank this Week: 434

One World International Practice…

One World International Practice Blog

Covers judicial and regulatory decisions as well as topics and trends in international litigation, international dispute resolution, and international investigations, regulatory compliance, and enforcement. By Cadwaladar.

http://blog.internationalpractice.org/
Rank this Week: 421

Appellate Law & Practice

Appellate Law & Practice

Covers appellate law and advocacy.

http://appellate.typepad.com/appellate/
  • Dec 10

    Giving it up.

    Giving it up.
     I am going to be discontinuing my participation in this blog in the next week or so.  If you want someone to blame, blame 1) non-lawyers; 2) furries; and 3) the victims rights/tort reform industry. 
  • Dec 8

    CA1: large law firm loses case on behalf of client

    CA1: large law firm loses case on behalf of client
     US Securities & Exch v. Tambone, No. 07-1384. This is a close case. On the one hand, the government is bringing an enforcement action regarding misleading prospectuses to sell mutual funds. On the other hand, the defendants are represented…
  • Dec 8

    CA1: It’s official. Everything is mail fraud.

    CA1: It’s official. Everything is mail fraud.
    US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, “mail fraud”). The first says that pretty…
Rank this Week: 425

Delaware Business Litigation…

Delaware Business Litigation Report

Offers case summaries of Delaware court decisions in business-related litigation. By Morris James.

http://www.delawarebusinesslitigation.com/
  • Dec 31

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim
    Silverberg v. Gold, C.A. 7646-VCP (December 31, 2013) Under Delaware law, a so-called Brophy claim seeks to recover the profits made by trading on insider information. Showing that material insider information was available is not…
  • Dec 31

    Court Of Chancery Denies Advancement For Predecessor Liability

    Court Of Chancery Denies Advancement For Predecessor Liability
    Grace v. Ashbridge LLC, C.A. 8348-VCN (December 31, 2013) In general, a successor entity is not liable for its predecessor's obligations when there has been a fundamental change in the identity of the entity.  Here, the Court held…
  • Jul 30

    Modest Reflections on the State of Delaware Litigation

    Modest Reflections on the State of Delaware Litigation
    Authored By Edward Mcnally This article was originally published in the Delaware Business Court Insider | July 30, 2014 Delaware’s courts are going through a period of rapid change. While it is too early to decide…
Rank this Week: 447

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/
  • Jul 30

    Patterns and Practice

    Patterns and Practice
    Kim D. Chanbonpin, Truth Stories: Credibility Determination at the Illinois Torture Inquiry and Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014).Elizabeth DaleThese days, I think a lot about police torture. To be more precise, these days I…
  • Jul 29

    Meaning, Intention, and Mental State

    Meaning, Intention, and Mental State
    Lawrence B. Solum, Artificial Meaning, 89 Wash. L. Rev. 69 (2014), available at SSRN.Barbara LevenbookThis is a provocative and important essay that has implications Solum doesn’t spell out for some positions on meaning, communication,…
  • Jul 28

    From Crowd-Sourcing to Crowd-Enforcing: An Empirical analysis of Threadless’s Community IP Norm

    From Crowd-Sourcing to Crowd-Enforcing: An Empirical analysis of Threadless’s Community IP Norm
    Julia Bauer, Nikolaus Franke & Philipp Tuertscher, The Seven IP Commandments of a Crowdsourcing Community: How Self-Organized Norms-Based IP Systems Overcome Imitation Problems (forthcoming 2014).Jason SchultzEmpirical studies…
Rank this Week: 508

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Jul 30

    Book Review: Justice for Ella, by Pam Johnson

    Book Review: Justice for Ella, by Pam Johnson
    Pam Johnson’s Justice for Ella is a story about a courageous battle against white supremacy in 1959 Mississippi. It’s an irresistible feel good story that would make an entertaining movie. The book’s leading characters are…
  • Jul 28

    Remember When Checking the Mail Was a Big Deal?

    Remember When Checking the Mail Was a Big Deal?
    The practice of law has changed a lot in the 21 years I have been doing it. One area that has changed a lot–particularly in the last 10 years–is the importance of checking the mail. When I started practicing, checking the mail was…
  • Jul 23

    Miss. CLE Deadline is Next Week

    Miss. CLE Deadline is Next Week
    With not a lot interesting happening on the Mississippi legal front this week, I remind Mississippi attorneys that the deadline for obtaining 12 hours of continuing legal education for this year is July 31. Like many attorneys, I find myself…
Rank this Week: 503

Texas Causes of Action Blawg

Texas Causes of Action Blawg

Features caselaw updates and cites on causes of actions and affirmative defenses culled from Texas appeals court opinions. By Wolfgang Demino.

http://causeofactionelements.blogspot.com/
  • Jul 8

    Federal civil rights violations and statute of limitation

    Federal civil rights violations and statute of limitation
    What is the limitations period for Section 1983 and 1985 claims?  "Although there is no federal statute of limitations for civil rights violations alleged under [section] 1983, `courts construing [section] 1983 "borrow" the forum state's…
  • May 2

    Prevailing party status for attorney fee award purpose

    Prevailing party status for attorney fee award purpose
    WHEN IS A PARTY A PREVAILING PARTY SO AS TO BE ENTITLED TO HAVE THE OPPONENT PAY HIS OR HER ATTORNEY'S FEES UNDER STATUTE OR CONTRACT?  Under the American Rule, attorney's fees are recoverable only if authorized by statute or by…
  • May 1

    Rule 11 Agreement must be in writing and filed with the court

    Rule 11 Agreement must be in writing and filed with the court
    WHAT REQUIREMENTS DOES RULE 11 AGREEMENT HAVE TO SATISFY TO BE ENFORCEABLE? A Rule 11 agreement must be in writing and signed and filed with the court unless it is made in open court. See TEX.R.CIV.P. 11. The filing requirement creates the…
Rank this Week: 500

e-discovery 2.0

e-discovery 2.0

Covers electronic discovery. By Aaref Hilaly.

http://www.clearwellsystems.com/e-discovery-blog
  • Jun 4

    e-discovery 2.0 is moving

    e-discovery 2.0 is moving
    Dear Friends – The time has finally come for eDiscovery 2.0 to relocate to the Symantec eDiscovery Blog. We are excited to continue our long tradition of providing unbiased perspectives regarding cutting-edge eDiscovery and information…
  • Apr 25

    Preventing Data Breaches – Tips from the FTC on Fraud, Deception and Consumer Privacy

    Preventing Data Breaches – Tips from the FTC on Fraud, Deception and Consumer Privacy
      2013 was a rough year for organizations struggling to secure their data. According to the recently published Internet Security Threat Report       (ISTR),breaches increased 62% in 2013 and over 552 million…
  • Dec 20

    In Re: Biomet Order Addresses Hot Button Predictive Coding Issue

    In Re: Biomet Order Addresses Hot Button Predictive Coding Issue
    United States District Court Judge for the Northern District of Indiana, Ronald J. Miller, recently addressed what has arguably become the hottest predictive coding issue since Judge Andrew J. Peck’s February 2012 order in Da Silva…
Rank this Week: 512

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 518

New York Probate & Estate…

New York Probate & Estate Litigation Blog

Covers probate news, procedures and resources. By Philip M. Bernstein.

http://www.nyprobatelitigation.com/
  • Jul 30

    Sometimes A Trust Works Best

    Sometimes A Trust Works Best
    One of the major features of the Surrogate's Court is that it is a court of public record. Unfortunately, that can be one of its major drawbacks. Every document filed in every estate is available to anyone. If your grandfather (great…
  • Jul 27

    Keep The Peace In The Family Or Your Heirs Will Reap The Whirlwind

    Keep The Peace In The Family Or Your Heirs Will Reap The Whirlwind
    In her last public interview in 1994, Jacqueline Kennedy Onassis stated that her most important accomplishment in life was to insure that her children loved each other. Your lawblogger has taken her words to heart over the years. As a…
  • Jul 21

    Philip Seymour Hoffman Did Not Leave His Estate To His Children

    Philip Seymour Hoffman Did Not Leave His Estate To His Children
    Your lawblogger truly believes that  Philip Seymour Hoffman was the best actor of his time. Too bad this does not extend to his ability at estate planning. As reported by the New York Post and by extra tv.com here , Hoffman did not want…
Rank this Week: 551

Blawgletter

Blawgletter

Offers business trial law with a sense of humor. By Barry Barnett.

http://blawgletter.typepad.com/bbarnett/
  • Jul 29

    Annals of Oil and Gas: "Free of All Costs and Expenses" Clause in Lease Applies If No Costs Exist

    Annals of Oil and Gas: "Free of All Costs and Expenses" Clause in Lease Applies If No Costs Exist
    Big victory for big oil . . . and big gas The Fifth Circuit handed a large win today to oil and gas lessees in the Lone Star State. The key part of the lease in question provided (with our...
  • Jul 27

    Firms Can Hide Routine Probe Details by Using Lawyers, D.C. Circuit Hold

    Firms Can Hide Routine Probe Details by Using Lawyers, D.C. Circuit Hold
    A happy outcome for counsel All you in-house lawyers out there might want to raise a hearty cheer for the D.C. Circuit. Outside counsel may want to clap also. For a panel of the appeals court held in In re...
  • Jul 16

    Ignoring Judges' Advice

    Ignoring Judges' Advice
    CLE Panels of Judges Have you noticed how many continuing legal education programs feature "judges panels" and urge you to attend so their honors can instruct you in how to win your next case? A blurb about an upcoming…
Rank this Week: 546

Circuit Splits

Circuit Splits

Covers divisions between circuit courts. By Nicholas J. Wagoner.

http://www.circuitsplits.com/
  • Jun 6

    Parallel Review and Identifying Circuit Split

    Parallel Review and Identifying Circuit Split
    This post is part of a series exploring the ideas in an important new article by Professor Aaron-Andrew Bruhl (Univ. Houston), entitled Measuring Circuit Splits: A Cautionary Note. One important concept Bruhl explains is that of parallel…
  • Jun 6

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)
    Aaron-Andrew Bruhl (pictured), a professor at University of Houston Law Center, has an important new article on SSRN entitled Measuring Circuit Splits: A Cautionary Note. This article is, simply put, brilliant. It changed the way that I think…
  • May 13

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split
    Sometimes appellate advocates argue that the circuit court panel in their case should align with the decisions of one or two other circuits in order to avoid creating a circuit split. In one recent case, the lawyer stretched the argument too…
Rank this Week: 567

Angel Reyes Blog

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/
  • Jul 30

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?
      Most of us have experienced the anxiety and frustration of a computer, smartphone, iPad or other device malfunctioning. But what would we do if our lives depended on an electronic device performing perfectly?    
  • Jul 9

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit
      This past Monday, a New York federal judge denied Big Pharma’s Merck & Co Inc.’s attempt to avoid paying $285,000 to plaintiff in a multi-district lawsuit based on the fact that the bone drug Fosamax causes jaw…
  • Jul 8

    Monster Overdose: Are Energy Drinks Killing Teens?

    Monster Overdose: Are Energy Drinks Killing Teens?
    Alex Morris died suddenly this year from cardiac arrest at the age of 19. He habitually drank two cans of Monster Energy® drinks each day for two years. His mother Paula believes energy drinks were the cause and immediately filed a…
Rank this Week: 592

The Appellate Gourmet (c)

The Appellate Gourmet (c)

Covers the many flavors of appellate issues and law. By Dorothy Easley.

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 601

Beyond Structured Settlements

Beyond Structured Settlements

Covers 468B settlement funds, factoring, medicare set-aside arrangements, settlement planning, special needs trusts and structured settlements. By Patrick Hindert.

http://s2kmblog.typepad.com/rethinking_structured_set/
  • Jul 23

    Single-Claimant QSFs Revisited

    Single-Claimant QSFs Revisited
    Single-claimant qualified settlement funds (SCQSFs) represent one of the two most politically divisive issues within the structured settlement industry - with the National Structured Settlement Trade Association (NSSTA) opposing and the…
  • Jul 18

    Government Medicaid Report

    Government Medicaid Report
    Despite continuing evidence and predictions of expanded enrollment for private health insurance pursuant to the Patient Protection and Affordable Care Act (ACA), Medicaid planning, especially for long-term care costs, continues to represent a…
  • Jul 1

    ACA and Future Medical Expenses - 3

    ACA and Future Medical Expenses - 3
    Is the Affordable Care Act (ACA) good or bad for structured settlements? What impact will it have on settlement planning in personal injury cases? Four years following its enactment, and two years after the U.S. Supreme Court upheld its…
Rank this Week: 621

Law Rules

Law Rules

Covers dispute resolution and civil litigation. By Michael A. Pollack.

http://lawrules.squarespace.com/journal/
  • Jan 21

    How does a mediator spell success?

    How does a mediator spell success?
    Like many mediators, I am often asked how many of my cases result in a settlement, as opposed to impasse. The question implies that a successful mediation results in a full settlement of all issues, and that anything less is an impasse,…
  • Dec 9

    Practice!

    Practice!
    An old joke relates the story of a tourist in New York City who asks someone on the street how he can get to Carnegie Hall. The native New Yorker responds “Practice!” The same can be said for negotiating. Whether you are using a…
  • Aug 14

    Fly on the wall

    Fly on the wall
    How many times have you finished a negotiation and wondered how much more you could have gotten the other participant to agree to? Have you ever wished you could have been a fly on the wall in the other side’s conference room? My…
Rank this Week: 648

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Jul 28

    Applying The Emergency Category of Nontestimonial Statement

    Applying The Emergency Category of Nontestimonial Statement
    NinthCircuitSeal.png In hostage taking case, Ninth Circuit affirms the admission of the mother's report to law enforcement concerning he call with the captors, who demanded money for her son's return; the statements were…
  • Jul 24

    Circuit Split: Scope Of Rule Of Completeness Under To Oral Statement

    Circuit Split: Scope Of Rule Of Completeness Under To Oral Statement
    Circuits Map.gif While it is clear that the Rule of Completeness under FRE 106 applies to written and recorded statements, does it apply to oral statements? The Ninth Circuit recently noted a division on this issue;…
  • Jul 22

    Considering False Statements And The Hearsay Rule

    Considering False Statements And The Hearsay Rule
    SeventhCircuitSeal.png In bribery prosecution, Seventh Circuit considered the admissibility of false statements made by one of the participants to the FBI and concludes that the statements were not inadmissible hearsay…
Rank this Week: 669

Sui Generis--a New York law blog

Sui Generis--a New York law blog

Offers commentary on civil rights issues, recent decisions and other areas of interest to New York civil litigators and criminal practitioners. By Nicole L. Black.

http://nylawblog.typepad.com/suigeneris/
  • Jul 25

    How to choose Web-based legal software

    How to choose Web-based legal software
    This week's Daily Record column is entitled "How to choose Web-based legal software." My past Daily Record articles can be accessed here. ***** How to choose Web-based legal software These days, more and more lawyers are moving to Web-based…
  • Jul 2

    Courts still grapple with social media evidence discovery

    Courts still grapple with social media evidence discovery
    This week's Daily Record column is entitled "Courts still grapple with social media evidence discovery." My past Daily Record articles can be accessed here. ***** Courts still grapple with social media evidence discovery As attorneys realize…
  • Jun 26

    Tech Tips For the Traveling Lawyer

    Tech Tips For the Traveling Lawyer
    This week's Daily Record column is entitled "Tech Tips For the Traveling Lawyer." My past Daily Record articles can be accessed here. ***** Tech Tips For the Traveling Lawyer I travel — a lot. So I figured I’d pass along some of…
Rank this Week: 678

ClassActionBlawg.com

ClassActionBlawg.com

Features class action news, commentary, and analysis. By Paul Karlsgodt.

http://classactionblawg.com
Rank this Week: 765

Deliberations

Deliberations

Covers laws, news, and thoughts on juries and jury trials. By Anne Reed.

http://jurylaw.typepad.com/deliberations/
  • Mar 17

    Second response to "Now you see it, now you don't"

    Second response to "Now you see it, now you don't"
    By Kelly Lawson This is a second response to "Now you see it, now you don't". Dr. Vallano makes several excellent points. Allow me to play prosecution advocate for a moment. I completely agree that memory is fallible (and malleable). I also…
  • Mar 17

    Response to "Now you see it, now you don't"

    Response to "Now you see it, now you don't"
    By Jonathan Vallano This is a reponse to "Now you see it, now you don't". This provocative blog raises more questions than answers regarding eyewitness testimony. What effects does eyewitness testimony have on legal decision-making (judges…
  • Mar 17

    Now you see it, now you don’t: The shortcomings of eyewitness identification

    Now you see it, now you don’t: The shortcomings of eyewitness identification
    By Matthew Mangino United States Supreme Court Justice William J. Brennan Jr. wrote in a dissenting opinion more than thirty years ago, “There is almost nothing more convincing than a live human being who takes the stand, points a…
Rank this Week: 770

Johnson & Hunter, Inc.

Johnson & Hunter, Inc.

Teaches advocacy and persuasion for trial lawyers and public speaking to corporate lawyers.

http://www.johnson-hunter.com/blog/
  • Jul 18

    Public Speaking or Reading Out Loud? Kenneth Feinberg, Michael Millikin, and Mary Barra, on the Hot Seat

    Public Speaking or Reading Out Loud? Kenneth Feinberg, Michael Millikin, and Mary Barra, on the Hot Seat
    by Marsha Hunter Who spoke persuasively at yesterday’s Senate hearings on the GM ignition switch scandal? There were plenty of lawyers in the room and on the hot seat, so you’d think the level of public speaking would be…
  • Jun 19

    Handwriting, Memory, and Horizontal Note

    Handwriting, Memory, and Horizontal Note
    by Brian K. Johnson Last fall Scientific American MIND magazine featured an article about handwriting and memory.It got me thinking about the value of carefully creating notes for public speaking with pen and paper “Minds encode the…
  • Jun 12

    The Music of Your Voice: Walking Down the Step

    The Music of Your Voice: Walking Down the Step
    by Brian K. Johnson “May it please the court?” Is it a question? Or is it a statement? “May it please the court.” Legal writing guru Brian Garner offered a helpful historical analysis of this introductory utterance in…
Rank this Week: 832

EDiscoveryMap

EDiscoveryMap

Covers cross-border ediscovery issues. By Monique Altheim.

http://ediscoverymap.com
  • Apr 30

    Top Monthly Privacy and Data Protection New

    Top Monthly Privacy and Data Protection New
    by Monique Altheim on April 30, 2014 This past month saw another batch of large data breaches, with “Heartbleed” considered by some the largest data security breach in the history of the internet; a flurry of legislative efforts…
  • Feb 23

    Top Monthly Privacy and Data Protection Storie

    Top Monthly Privacy and Data Protection Storie
    by Monique Altheim on February 23, 2014     Conferences  Powerpoint presentation of the closing plenary session on privacy @legaltechNY “Ripped from the Headlines: Cautionary Tales from the Annals of Data…
  • Feb 22

    Destruction of Private Data: Pushing the “Delete” Button is Not Enough

    Destruction of Private Data: Pushing the “Delete” Button is Not Enough
    A study commissioned in Australia by the National Association for Information Destruction (NAID), published on Feb.19, has found significant amounts of sensitive personal information left on recycled computers. The researchers purchased…
Rank this Week: 843