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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Sep 18

    Petition of the day

    Petition of the day
    The petition of the day is: Middleton v. McDonald 13-1342 Issue: Whether a veteran whose disability picture “more nearly approximates,” 38 C.F.R. § 4.7, but “does not satisfy” the criteria required for a…
  • Sep 18

    Mixed signals on same-sex marriage

    Mixed signals on same-sex marriage
    Commentary If Justice Ruth Bader Ginsburg was speaking for the Supreme Court on Tuesday night in Minnesota about how the Justices will deal with the same-sex marriage issue this Term, the question just may go untouched for…
  • Sep 18

    Thursday round-up

    Thursday round-up
    Briefly: At BuzzFeed, Chris Geidner chronicles the path of the challenges to state bans on same-sex marriage from the Supreme Court to the lower courts and now back to the Supreme Court, and he suggests that, although the Justices…
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/
  • Sep 18

    Innovation in eDiscovery? (Cartoon and Clip)

    Innovation in eDiscovery? (Cartoon and Clip)
    The Cartoon and Clip of the Week for September 18, 2014Keeping up with innovation in eDiscovery can be quite challenging given the various approaches, commentators and providers weighing in on each real or perceived innovation. This…
  • Sep 18

    Black Swans and Information Governance

    Black Swans and Information Governance
    By Jason BaronIn the absence of a black swan recently happening to you and your organization, how can you convince the powers that be that they should take some preventive and/or precautionary course of action to stave off a subsequent…
  • Sep 17

    Federal Judiciary Approves Civil Discovery Rules Change

    Federal Judiciary Approves Civil Discovery Rules Change
    By Zoe TillmanFederal judiciary officials on Tuesday approved proposed changes to court rules that could reshape how discovery is handled in civil litigation—for better or for worse, depending who you ask.The Judicial Conference of the…
Rank this Week: 33

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
  • Sep 16

    23 and 24 October: Conference on the recast Brussels I Regulation in Graz

    23 and 24 October: Conference on the recast Brussels I Regulation in Graz
    On 23 and 24 October 2014 Bettina Nunner-Krautgasser and Thomas Garber, both from the University of Graz, will host a conference on the recast Brussels I Regulation (“Die neue EuGVVO – Verbesserung des…
  • Sep 15

    Invitation to Tender: Economic Study to Cross-Border Trade in the Insurance Sector

    Invitation to Tender: Economic Study to Cross-Border Trade in the Insurance Sector
    The European Commission has published an invitation to tender relating to an economic study on the impact of differences in insurance contract law on cross-border trade in the insurance sector. Deadline for submissions is 28 October…
  • Sep 14

    Yearbook of Private International Law, 2013-2014

    Yearbook of Private International Law, 2013-2014
    In line with its predecessors, Volume XV (2013/2014) of the Yearbook of Private International Law offers a comprehensive insight into the contemporary trends of private international law in terms of both theoretical thinking…
Rank this Week: 55

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/
  • Sep 16

    Affirmative Defenses Have No Role in Determining the Amount in Controversy

    Affirmative Defenses Have No Role in Determining the Amount in Controversy
    Smith v. Manhattan Club Timeshare Association, Inc., 2013 WL 1955882 (S.D.N.Y. May 10, 2013). In this action, a District Court in New York held that affirmative defenses asserted on the merits could not be used to cut down the amount in…
  • Sep 12

    Defendants Concrete Evidence Defeats Remand

    Defendants Concrete Evidence Defeats Remand
    Fielder v. Penn Station, Inc., 2013 WL 1869618 (N.D. Ohio May 3, 2013). In this case, the plaintiff made a purchase at Penn Station, Inc., a shop located in Rocky River,Ohiousing his credit card.  The defendant Heartland Payment Systems,…
  • Sep 11

    District Courts Have Authority to Stay Remand Orders in Order to Facilitate Appeal

    District Courts Have Authority to Stay Remand Orders in Order to Facilitate Appeal
    Raskas v. Johnson & Johnson, 2013 WL 1818133 (E.D. Mo. April 29, 2013). In this action, a District Court in Missouri held that it had authority to stay its own remand order.  The plaintiffs brought an action under the Missouri…
Rank this Week: 57

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
  • Sep 17

    Technology: Progress and Potential

    Technology: Progress and Potential
    An article I wrote for Alliance for Peacebuilding’s Building Peace magazine is now up on the web. In it, I look at both the significant progress around technologies to share vital information before and during a conflict or disaster,…
  • Sep 17

    Technology: Progress and Potential

    Technology: Progress and Potential
    An article I wrote for Alliance for Peacebuilding’s Building Peace magazine is now up on the web. In it, I look at both the significant progress around technologies to share vital information before and during a conflict or disaster,…
  • Sep 4

    Lankacorps Fellows 2014 presentation

    Lankacorps Fellows 2014 presentation
    A presentation made at The Asia Foundation in Colombo to the 2014 cohort of the Foundation’s Lankacorps Fellows. Filed under: ICTs in general
Rank this Week: 58

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
Rank this Week: 63

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
  • Sep 16

    Seventh Circuit vacates $100 million punitive damages award against ConAgra

    Seventh Circuit vacates $100 million punitive damages award against ConAgra
    In 2012 we reported on a $100 million punitive damages award against ConAgra Foods, Inc. arising out of a fire in a grain elevator.  According to Reuters, the U.S. Court of Appeals for the Seventh Circuit has reversed that punitive…
  • Sep 15

    New Mexico jury awards $65 million in punitive damages; Texas jury awards $15 million

    New Mexico jury awards $65 million in punitive damages; Texas jury awards $15 million
    I'm catching up on punitive damages news after being out of the office last week.  While I was out, the AP reported that a jury in New Mexico awarded $2.3 million in compensatory damages and $65 million in punitive damages in a lawsuit…
  • Sep 15

    Missouri Supreme Court strikes down punitive damages cap as unconstitutional

    Missouri Supreme Court strikes down punitive damages cap as unconstitutional
    Last week, Missouri's high court issued a unanimous published opinion holding that a statutory cap on punitive damages violates the Missouri Constitution. The statute in question provides that a punitive damages award against a single…
Rank this Week: 96

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: 104

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Sep 18

    You won the lawsuit! Now what?

    You won the lawsuit! Now what?
    Minnesota civil litigators spent very little time trying cases, as we all know. From that, it follows that Minnesota civil litigators, generally, spend very little time collecting on money judgments. Roughly 99% of civil lawsuits are either…
  • Sep 17

    Fighting over Minnesota’s National Treasure…

    Fighting over Minnesota’s National Treasure…
    As I have aged, one saying that I have become fond of is, “You can never make new old friends….” Our lives are transient. Our friends and family are forever (as far as we are concerned). For many of us, … Continue…
  • Sep 16

    When Can a Litigant Talk Out of Both Sides of His Mouth and When Can’t She?

    When Can a Litigant Talk Out of Both Sides of His Mouth and When Can’t She?
    A child might say, “Daddy, you cannot prove that I ate the cookie, but, if you conclude that I did eat eat the cookie, I thought that Mommy said I could.” This child will possibly get a time-out from the parents.…
Rank this Week: 117

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: 149

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: 162

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Sep 17

    Tolling Agreements, The Savings Statute and Tennessee Law

    Tolling Agreements, The Savings Statute and Tennessee Law
    The Tennessee Court of Appeals recently issued an important decision regarding the interplay between the savings statute and tolling agreements. The facts of Circle C Const., LLC v. Hilson, M2013-02330-COA-R3-CV (Tenn. App. Jul. 29,…
  • Sep 15

    Claim Washed Down the Drain By Tennessee Statute of Repose and Lack of Constructive Notice

    Claim Washed Down the Drain By Tennessee Statute of Repose and Lack of Constructive Notice
    Tthis is a premise liability case arising from the collapse of a bench in a handicap shower at the defendant’s hotel.   Upon checking into their handicap room at the Holiday Inn Express, the Parkers noticed the bench in the…
  • Sep 11

    When is a Summons and Complaint "Unclaimed" Under Tennessee Law?

    When is a Summons and Complaint "Unclaimed" Under Tennessee Law?
    The Tennessee Court of Appeals recently issued an opinion dealing with a circumstance when service of process was designed “unclaimed” by the U.S. Postal Service. In Goodman v. Ocunmola, No. E2014-00045-COA-R3-CV (Tenn. Ct. App.…
Rank this Week: 181

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/
  • Sep 18

    Whats the Difference between Plaintiff or Claimant, Defendant or Respondent?

    Whats the Difference between Plaintiff or Claimant, Defendant or Respondent?
    The are some differences in structured settlement documents between cases in claim or suit. The case caption will tell you whether the case is in suit. This is a content summary only. Please click on the title for the full content which…
  • Sep 18

    '"Best Structured Settlement Company" Review Site Has Low Trust Rating

    '"Best Structured Settlement Company" Review Site Has Low Trust Rating
    Topconsumerreviews.com claims to rate the" best structured settlement companies" Use of the term structured settlement companies to portray settlement purchasers, companies that purchase structured... This is a content summary only. Please…
  • Sep 18

    Structured Settlement "Sellers Remorse' Being Wrongly Portrayed as Scam

    Structured Settlement "Sellers Remorse' Being Wrongly Portrayed as Scam
    Just because you made what proved to be a bad financial decision to sell your structured settlement doesn't necessarily mean that you got scammed or were a victim of fraud. This is a content summary only. Please click on the title for the…
Rank this Week: 199

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Sep 8

    To Practice Law Is To Be Afraid

    To Practice Law Is To Be Afraid
    © Max Kennerly. The original for this post is To Practice Law Is To Be Afraid at Litigation & Trial Lawyer Blog.When it comes to lawyer “war stories,” I agree with Philip Thomas: “The only stories about a lawyer…
  • Sep 4

    MedPage Today Parrots Drug Company Marketing As “Medical News”

    MedPage Today Parrots Drug Company Marketing As “Medical News”
    © Max Kennerly. The original for this post is MedPage Today Parrots Drug Company Marketing As “Medical News” at Litigation & Trial Lawyer Blog.I represent clients in the consolidated Actos litigation, and so I’m…
  • Aug 15

    What If Liebeck v. McDonald’s Was Just Another Case?

    What If Liebeck v. McDonald’s Was Just Another Case?
    © Max Kennerly. The original for this post is What If Liebeck v. McDonald’s Was Just Another Case? at Litigation & Trial Lawyer Blog.This week marks the 20th anniversary of the verdict in the Stella Liebeck…
Rank this Week: 223

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/
  • Aug 21

    Recovering Assets By Identifying & Immobilizing Them

    Recovering Assets By Identifying & Immobilizing Them
    Identifying and immobilizing assets in a timely fashion can be paramount to asset recovery cases ranging from an ultra- high net worth divorce to a forced collection proceeding against a debtor. The abstract about “Suspending Suspicious…
  • 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…
Rank this Week: 219

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: 227

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/
  • Sep 17

    Freer on the New General Jurisdiction

    Freer on the New General Jurisdiction
    Rich Freer (Emory) has posted on SSRN a draft of his article, Four Specific Problems with the New General Jurisdiction, which will be published in the Nevada Law Journal. Here’s the abstract: General in personam jurisdiction allows a court…
  • Sep 16

    Judicial Conference Passes Proposed FRCP Amendment

    Judicial Conference Passes Proposed FRCP Amendment
    The National Law Journal reports that the Judicial Conference passed the proposed amendments to the Federal Rules of Civil Procedure today. The amendments next to go the Supreme Court for approval.
  • Sep 12

    Proposed Rule 37(e): Failure to Preserve Electronically Stored Information

    Proposed Rule 37(e): Failure to Preserve Electronically Stored Information
    I mentioned yesterday that the proposed FRCP amendments include all three top priorities of the defense-oriented "Lawyers for Civil Justice," as stated on its web site: LCJ’s . . . current federal rulemaking agenda is focused on .…
Rank this Week: 257

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Sep 18

    More From the Lawyers Shouldn’t File Stuff Like this Chronicle

    More From the Lawyers Shouldn’t File Stuff Like this Chronicle
    As if getting crushed in the BP Oil Spill litigation wasn’t enough, District Judge Carl Barbier is calling out BP’s lawyers for cheating by sneakily exceeding the Court’s 35-page brief limit. My favorite article on the…
  • Sep 17

    September Miss. Jury Verdict Reporter Preview

    September Miss. Jury Verdict Reporter Preview
    Here is a preview of the verdicts detailed in the September issue of the Mississippi Jury Verdict Reporter: $173,306 bench verdict- Holmes County nursing home case covered here (7/24/14); $80,993 verdict- Harrison County breach of…
  • Sep 15

    $500,000 Verdict Against Target in Hinds County Slip-and-Fall Case

    $500,000 Verdict Against Target in Hinds County Slip-and-Fall Case
    Last week a Hinds County jury rendered a $500,000 verdict in McFarland v. Target Corp. Here is the Verdict Form. Lesa McFarland alleged that she fell in Target on August 4, 2011 on the See Spot Save dollar aisle. This was a high traffic…
Rank this Week: 310

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/
Rank this Week: 311

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
Rank this Week: 313

Southern California Appellate News

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/
  • Sep 18

    2d DCA pro tem updates / LACBA ACS Kick-Off meeting

    2d DCA pro tem updates / LACBA ACS Kick-Off meeting
    The following are currently sitting on assignment:Judge Rita Miller of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until November 30, 2014 Judge John Shepard Wiley, Jr. of the Los Angeles…
  • Sep 17

    Busted for formatting trick

    Busted for formatting trick
    "Objection! Leading!"Yes, there are still courts that have page limits, not word counts. And yes, there are still lawyers that play formatting tricks to squeeze in extra text. And yes, they get in trouble, as in this order. (See Slate article…
  • Sep 17

    A writ tale

    A writ tale
    Here's an interesting writ tale: Trial court makes an evidentiary ruling that is challenged by a writ petition, which points out how the ruling contradicts established law. An alternative writ issues. A hearing is held per Brown, Winfield…
Rank this Week: 338

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Sep 17

    Same Sex Marriage Future Bans Will Be Decided in Ohio

    Same Sex Marriage Future Bans Will Be Decided in Ohio
    A majority of presidential elections have been made in Ohio. The same may go to gay marriage bans as well. Justice Ginsburg said that the U.S. Supreme Court will closely monitor the 6Th U.S. Circuit Court of Appeals, based in Cincinnati, as…
  • Sep 17

    Court Decides Fate on Moscow Confidentiality Breach

    Court Decides Fate on Moscow Confidentiality Breach
    John Moscow, an ex-prosecutor from New York, will be facing a hearing this week as to whether he breached his previous client’s confidentiality when he started fighting companies belonging to a Russian accused of making Manhattan properties…
  • Sep 15

    Death Toll on Defective GM Ignition Switch Now at 19

    Death Toll on Defective GM Ignition Switch Now at 19
    GM is now linked to 19 deaths as a result of defective faulty ignition switches in vehicles. The increased death number was revealed recently from a compensation professional retained by the car manufacturer, Kenneth Feinberg, who offered the…
Rank this Week: 332

The Jury Room

The Jury Room

Covers juries, trial consulting, trial skills and litigation advocacy. By Keene Trial Consulting.

http://keenetrial.com/blog
  • Sep 17

    The Disgust Scale: How have we missed this all this time?

    The Disgust Scale: How have we missed this all this time?
    We’ve covered a lot of the disgust research so it is curious to us that somehow we missed sharing the actual Disgust Scale with you earlier. The Disgust Scale was developed by the infamous Jonathan Haidt (his surname is pronounced…
  • Sep 15

    “Smart people ask for (my) advice!”

    “Smart people ask for (my) advice!”
    We are often wary of asking for advice for fear of looking dumb or appearing incompetent. Oddly enough, our fears may be unfounded based on some new research out of Harvard Business School. According to the researchers, asking for advice does…
  • Sep 12

    The Fear of Missing Out (FoMO) Scale

    The Fear of Missing Out (FoMO) Scale
    Social media applications have made it much easier for us to know what our friends are doing. While this knowledge can have positive benefit, it can also result in a paralyzing fear of missing out (popularly known as FoMO). FoMO has even made…
Rank this Week: 360

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Sep 17

    Business Expert Witness On Coming To Grips With Risk

    Business Expert Witness On Coming To Grips With Risk
    In Coming to Grips with Risk, business expert witness Shelley Lee Boyce writes that "Your tolerance for risk is an important factor in how you allocate your investment portfolio among different investments." While investments are subject to…
  • Sep 15

    Cross-examining the Expert Witness by Dean Brett Part 1

    Cross-examining the Expert Witness by Dean Brett Part 1
    In How to prepare to cross-examine an expert witness, attorney Dean Brett writes on what he describes as "one of the trial attorney's most difficult tasks." Throughout my years as a trial attorney, I have found that one of the most…
  • Sep 13

    Pathology Expert Witness On Learning From Other Expert

    Pathology Expert Witness On Learning From Other Expert
    In Expert Mistakes, pathology expert witness Dr. Judy Melinek discusses learning from other experts: "An expert is someone who knows some of the worst mistakes which can be made in a very narrow field." Niels Bohr When I review others'…
Rank this Week: 379

the complex litigator

the complex litigator

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

http://thecomplexlitigator.com/post-data/
  • Aug 12

    Luckey v. Superior Court says no to temporary judges for class settlement approval

    Luckey v. Superior Court says no to temporary judges for class settlement approval
    In Luckey v. Superior Court (July 22, 2014), the Court of Appeal (Second Appellate District, Division Three), the Court considered a writ following the denial of a stipulation to utilize a temporary judge to handle a class settlement…
  • Aug 12

    Misclassifcation of independent contractors gets a boost in Ayala v. Antelope Valley Newspaper

    Misclassifcation of independent contractors gets a boost in Ayala v. Antelope Valley Newspaper
    As I fill the backlog, we have yet another big decision from the California Supreme Court. In Ayala v. Antelope Valley Newspapers, 59 Cal. 4th 522 (June 30, 2014), the Supreme Court examined how the question of certification should be…
  • Aug 12

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC
    Next up on the update list is Iskanian v. CLS Transportation Los Angeles LLC (June 23, 2014). In Iskanian, a limousine driver filed a class action lawsuit on behalf of himself and similarly situated employees for his employer’s alleged…
Rank this Week: 380

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Sep 18

    What is Life Worth?: New Law Review Article

    What is Life Worth?: New Law Review Article
    Ralph A. Peeples Catherine T. Harris Abstract (to read the entire article go here): This article examines the amount recovered in 118 wrongful death cases filed in a single jurisdiction (North Carolina) over a five year period. The dataset…
  • Sep 17

    Jurors Increasingly Prefer LWP Over the Death Penalty

    Jurors Increasingly Prefer LWP Over the Death Penalty
    The article below, which focuses on the state of Ohio, highlights a growing trend around the country. When given the choice between the death penalty and life without parole (LWP), jurors increasingly choose the latter. The article gives…
  • Sep 16

    Defendant Sentenced to 15 Years for Jury Tampering

    Defendant Sentenced to 15 Years for Jury Tampering
    Sticking with yesterday's theme of improper contact with a sitting juror, a Louisiana woman (Alicia Tucker) was recently sentenced to 15 years in prison for conspiring to commit jury tampering. The tampering occurred during a three-way…
Rank this Week: 419

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Sep 18

    No Strict Liability in Dog Bite Case

    No Strict Liability in Dog Bite Case
    In the recent Lycoming County decision in the case of Warner v. Campbell, PICS Case No. 14-1352 (C.P. Lycoming Co. Aug. 4, 2014 Anderson, J.), the court granted a defendant's motion to dismiss a plaintiff's strict liability medical expenses…
  • Sep 18

    Defense Verdict in Post-Koken UM Case Upheld

    Defense Verdict in Post-Koken UM Case Upheld
    In Senese v. Liberty Mutual, Inc., No. 13-5139 (E.D. Pa. Aug. 19, 2014 Schiller, J.),the Federal District Court for the Eastern District of Pennsylvania denied a Plaintiff's post-trial motions after a defense verdict in a UM jury trial.The…
  • Sep 17

    REMINDER: NEW LOCATON FOR TORT TALK EXPO - AT THE MOHEGAN SUN CASINO HOTEL

    REMINDER: NEW LOCATON FOR TORT TALK EXPO - AT THE MOHEGAN SUN CASINO HOTEL
    For those of you attending next Friday's (September 26th) Tort Talk Expo 2014 CLE Seminar, please note that the seminar will NOT be in the same downstairs area ballroom as in past years.Rather, the Seminar will take place in a…
Rank this Week: 463

Electronic Discovery and Evidence

Electronic Discovery and Evidence

Offers a digest of cases, comments and other matters relating to electronic discovery and electronic evidence. By Michael Arkfeld.

http://arkfeld.blogs.com/ede/
Rank this Week: 462

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…
  • Sep 17

    Does the Business Judgment Rule Protect a Board’s Stock Award?

    Does the Business Judgment Rule Protect a Board’s Stock Award?
    Authored By Albert H. Manwaring, IV This article was originally published in the Delaware Business Court Insider | September 17, 2014 In In re 3Com Shareholders Litigation, C.A. No. 16721 (Del. Ch. October 25, 1999),…
Rank this Week: 509

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don't really have a good explanation for this. I usually ask at this point which…
  • Aug 23

    Power Of Attorney Not Always Easy To Use

    Power Of Attorney Not Always Easy To Use
    An article in today's New York Times sheds some interesting light on powers of attorney and their sometimes unforeseen drawbacks. Your lawblogger thinks it is well worth a look.
  • Aug 21

    Anna Nicole Smith Estate (Finally) Out Of Court

    Anna Nicole Smith Estate (Finally) Out Of Court
    The ABA Journal reports on the final failure of the Estate of Anna Nicole Smith to recover  hundreds of millions of dollars from the estate of her late husband J. Howard Marshall. Marshall, a Texas oil billionaire died at 89, a year…
Rank this Week: 468

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: 545

Trial Ad Notes

Trial Ad Notes

Offers news items and resources relating to trial advocacy, with a focus on Washington State. By Mary Whisner.

http://trialadnotes.blogspot.com/
  • Aug 7

    Conflicts Among Wash. Court of Appeals Division

    Conflicts Among Wash. Court of Appeals Division
    Unlike the federal circuits, the Washington Court of Appeals is a "unitary system"—one court that sits in three divisions, not three separate courts. But sometimes panels from two divisions disagree with each other, so there can be…
  • Jun 20

    Ethics of Advising Marijuana Users and Businesse

    Ethics of Advising Marijuana Users and Businesse
    Under RPC 1.2(d), a "lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal . . ."  Does this cover lawyers advising clients under Washington's new marijuana law, when possession is…
  • May 21

    Perceptions of Justice—Olympia, June 9

    Perceptions of Justice—Olympia, June 9
    The Washington State Minority and Justice Commission presents a half-day program, Perceptions of Justice, reviewing a report on Washingtonians' perceptions of how they are treated by the police and the courts.June 9, 2014, 8:45 a.m.-noonOB2…
Rank this Week: 511

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 564

New York Business Litigation…

New York Business Litigation Lawyer Blog

Covers litigation, foreclosures, and business law. By The Silber Law Firm LLC.

http://www.thesilberlawfirm.com/
  • Sep 15

    Protective Order Renders Commercial Contract Impossible to Perform

    Protective Order Renders Commercial Contract Impossible to Perform
    Plaintiff Kolodin is a singer who lived with her agent, defendant Valenti. Despite the deterioration of their relationship the parties maintained a professional arrangement and Kolodin continued to sign with Valenti and his company,…
  • Aug 25

    Board Member's Vote for Disputed Conduct Not Deemed Bias for Demand in Derivative Action

    Board Member's Vote for Disputed Conduct Not Deemed Bias for Demand in Derivative Action
    Often, litigation involving a corporation will be framed as a derivative action meaning, that the shareholder that is suing is doing so on behalf of the corporation but not individually. A prerequisite for a derivative action is the suing…
  • Aug 18

    Court Finds the Word "Control" to Be Ambiguous and Affirms $17.2 Million Malpractice Award

    Court Finds the Word "Control" to Be Ambiguous and Affirms $17.2 Million Malpractice Award
    In interpreting deal documents, an issue arose as to the definition of the word "control" when used in an attempt to obtain "control" over a board of directors. For that reason, and others, the law firm that drafted those documents was found…
Rank this Week: 566

California Civil Litigation

California Civil Litigation

Covers recent decisions of the California Courts that are of interest to the civil litigation practitioner. By Pamela Fasick.

http://californiacivillitigation.blogspot.com/
  • Jan 15

    Big Change in the Parol Evidence Rule

    Big Change in the Parol Evidence Rule
    The California Supreme Court Discards the State's Idiosyncratic Interpretation of the Fraud Exception Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association (No. S190581, January 14, 2013) The California Supreme Court…
  • Oct 27

    A Judgment Without Previous Notice of Lawsuit

    A Judgment Without Previous Notice of Lawsuit
    I Was Informed There's a Judgment Against Me But I Never Heard of Any LawsuitIt's relatively unusual for a person who had no notice that they had been named as a defendant in a civil action to be informed that there is a civil judgment…
  • May 11

    Hospital's Suit For Reimbursement Is Not Preempted by ERISA

    Hospital's Suit For Reimbursement Is Not Preempted by ERISA
    Court of Appeal Reverses a Judgment Sustaining a Demurrer by Blue CrossCoast Plaza Doctors Hospital v. Blue Cross of California (B205892, May 11, 2009)11 p.
Rank this Week: 588

Say What?! Judge Jerry Buchmeyer's…

Say What?! Judge Jerry Buchmeyer's weblog of classic legal humor.

Real life Texas Courtroom Humor. From U.S. Federal District Judge Jerry Buchmeyer (Northern District of Texas).

http://saywhat.texasbar.com/
  • Nov 21

    December 1997 - I Did a Buchmeyer

    December 1997 - I Did a Buchmeyer
    From Jeffrey Hirt of Houston, this excerpt from his examination of the present wife of his client:Q. Gina, how long have you known your stepdaughters?A. Actually, since before they were born. When Joan was still pregnant.Mr. Hirt: I'll send…
  • Nov 20

    September 2007 - That's How Vegas Work

    September 2007 - That's How Vegas Work
    Ryan Morris, who is a second-year law student at the University of Texas, was working for a small firm in Austin when he came across this excerpt in a deposition from a probate case where a party was testifying about his bank account:A. I…
  • Nov 19

    May 1985 - Were You in the Military Service?

    May 1985 - Were You in the Military Service?
    Q. How far did you get in the service? It was in the Army, wasn't it? A. Yes, sir, the Army. Q. How far did you get? A. Over to the South Pacific.
Rank this Week: 584

TortDeform

TortDeform

A civil justice defense blog. By the Drum Major Institute for Public Policy.

http://www.tortdeform.com/
  • May 20

    The Politics Behind Tort Reform

    The Politics Behind Tort Reform
    Hello, and welcome back after that fifteen-month intermission. I've been too busy helping people to blog about the forces that want to prevent me from helping people. To dip my toe back in the blogging water, I thought I'd give a…
  • Feb 17

    The value of a human life and damage cap

    The value of a human life and damage cap
    Even if we go with the Bush-era figure of $6.8 million, you’re far above the often-proposed cap of $250,000 for noneconomic damages.  I’m morally opposed to ANY damage cap because I don’t believe that you can set a flat rate on every…
  • Feb 9

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective
    Which is a greater tragedy: A child dying at the hands of an incompetent doctor, or a toy company ripping off the design of a doll from another toy company?  Brian Wilson discusses how out-of-whack our priorities are regarding…
Rank this Week: 591

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
Rank this Week: 613

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/
  • Sep 17

    Next Up, Incest

    Next Up, Incest
    Anthony C. Infanti, Big (Gay) Love: Has the IRS Legalized Polygamy?, N.C.L. Rev. Addendum (forthcoming, 2014), available at SSRN.Lily KahngGay marriage opponents love to fear monger about the slippery slope of extending marriage beyond…
  • Sep 16

    Those Are Pearls That Were His Eye

    Those Are Pearls That Were His Eye
    Valentina Vadi, War, Memory, and Culture: The Uncertain Legal Status of Historic Sunken Warships Under International Law, 37 Tul. Mar. L. J. 333 (2013).Stephen UriceFull fathom five thy father…
  • Sep 15

    Just the Beginning: Studying the Global Demography of Lawyer

    Just the Beginning: Studying the Global Demography of Lawyer
    Ethan Michelson, Women in the Legal Profession, 1970-2010: A Study of the Global Supply of Lawyers, 20 Ind. J. Global Legal Stud. 1071 (2013).Sida LiuIn the past a few decades, feminization has been one of the most notable…
Rank this Week: 674

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/
  • Sep 2

    Potential "Game Changing" S2 PLR

    Potential "Game Changing" S2 PLR
    The Internal Revenue Service (IRS) has issued a Private Letter Ruling (PLR-143928-13) dated August 29, 2014 approving favorable tax treatment for a structured settlement annuity with annual payment adjustments based on the performance of the…
  • Aug 29

    Wendie Howland Interview - 3

    Wendie Howland Interview - 3
    In two prior S2KM blog posts (Part 1 and Part 2), Wendie A. Howland, MN, RN-BC, CRRN, CCM, CNLCP, LNCC, a nationally recognized life care planning expert, has helped to explain why life care planners increasingly impact multiple overlapping…
  • Aug 27

    Wendie Howland Interview - 2

    Wendie Howland Interview - 2
    The increasing number, importance and roles of life care planners represents a significant development impacting several overlapping markets including structured settlements, personal injury settlement planning, special needs planning, and…
Rank this Week: 641

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: 656

Federal Civil Practice Bulletin

Federal Civil Practice Bulletin

Covers federal civil practice and procedure. By Washington & Lee University School of Law, Professor A. Benjamin Spencer.

http://federalcivilpracticebulletin.blogspot.com/
Rank this Week: 610

Wines and Information Management…

Wines and Information Management (WIM)

In-house counsel blawg on e-disovery, the impact of IT on the law and vice versa, information/knowledge management and wines. By Dominic Jaar.

http://dominicjaar.blogspot.com/
Rank this Week: 647

Electronic Discovery Law

Electronic Discovery Law

Covers legal issues, news and best practices relating to the discovery of electronically stored information. By K&L Gates.

http://www.ediscoverylaw.com/
Rank this Week: 687

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 677