The Court's recess continues until February 19, when the Justices will
meet for their next private conference. The next oral arguments are
scheduled for February 22. As we posted on Friday, the Washington
Legal Foundation holds its mid-Term evaluation of the Court this
Wednesday at 9:30 a.m in Washington, D.C. The schedule of merits
briefs due this week follows the jump. Wednesday, Feb. 10: Kawasaki
Kisen Kaisha v. Regal-Beloit Corporation (08-1553; 08-1554) -
respondents' brief Friday, Feb. 12: Lewis v. Posted on Monday, February 8, 2010 at 3:48 pm

Above the Law reports that Justice Thomas, discussing clerk hiring at
his Thursday talk at the University of Florida, contrasted his views
with those of his colleagues, whom he says mainly hire clerks from Ivy
League schools. "I don't believe they [Ivy League schools] have a
monopoly on intelligence," said Thomas. "I also don't believe they
have a monopoly on the best kids to clerk." Tony Mauro reports that
Thomas also praised Silvia Ibanez, an advocate from Florida who
represented herself, and, according Posted on Monday, February 8, 2010 at 3:48 pm

The following is an essay for our Race and the Supreme Court program
by Abigail Thernstrom, vice-chair of the U.S. Commission on Civil
Rights and adjunct scholar at the American Enterprise Institute. Ms.
Thernstrom is the author, most recently, of the book Voting Rights -
and Wrongs: The Elusive Quest for Racially Fair Elections. Northwest
Austin Municipal Utility District No. 1 v. Holder (NAMUDNO) was one of
the most anticipated cases of the 2008-2009 term. Civil rights
advocates had been in a state of Posted on Monday, February 8, 2010 at 3:48 pm

Will be on a short blogging hiatus - discovering Costa Rica. Posted on Saturday, February 6, 2010 at 11:27 am

Provided for your review/use is this week's snapshot update of key
industry news and views highlighting key electronic discovery related
stories, developments, and announcements. eDiscovery News Context for
Applying Discovery 2009 e-Discovery Technology Trends -
http://bit.ly/5zbNEU A World of Connections http://bit.ly/9Vqexm
Caskey on Proportionality and the New Ontario Discovery Rules -
http://kuex.us/6f37 Considerations for In-Sourcing and Outsourcing
E-discovery (Legal Tech Session Report) - Posted on Wednesday, February 3, 2010 at 11:34 pm

Check out this SlideShare Presentation: LegalTech 2010 Overview -
Applied Discovery View more presentations from Rob Robinson. Posted on Sunday, January 31, 2010 at 9:33 pm

Blawgletter hails from the state whose official song once noted its
status as "largest and grandest, withstanding ev'ry test/O Empire wide
and glorious, you stand supremely blest". The "largest" moved to
"boldest" in 1959, when the Union let Alaska in. Today the Ninth
Circuit subdued Texas law's fondness for quelling aggregate
litigation. The panel declared a contractual choice of Texas law
unenforceable as contrary to "fundamental policy of California".
Omstead v. Dell, Inc., No. 08-16749, slip op. at 2110 Posted on Saturday, February 6, 2010 at 9:21 am

Blawgletter's favorite source of business news -- The Wall Street
Journal -- today presents a longish item on antitrust enforcement --
"U.S. Trustbusters Try to Reclaim Decades of Lost Ground". The piece
notes three recent cases in which the Supreme Court has lately
rejected antitrust claims (Trinko, Twombly, and Leegin). It also
points to halting efforts by the Obama administration to reverse the
trend. We say halting because, as WSJ observes, the Federal Trade
Commission and the Antitrust Division of the Posted on Wednesday, February 3, 2010 at 9:30 pm

The Private Securities Litigation Reform Act of 1995 got its start as
a subclause in the Contract with America. Congress overrode a veto by
President Bill Clinton to pass it. Has it panned out? The WSJ cast
light on the question today. The item focused on how much some class
action law firms give to the campaigns of candidates for state and
local political offices. The article suggested a link between the
contributions and the firms' ability to land securities class action
work: Public pension funds Posted on Wednesday, February 3, 2010 at 9:30 pm

To assist class action defense attorneys anticipate the types of
lawsuits against which they will have to defend in California courts,
we provide weekly, unofficial summaries of the legal categories for
new class action lawsuits filed in California state and federal courts
in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego,
San Mateo, Oakland/Alameda and Orange County areas. We include only
those categories that include 10% or more of the class action filings
during the relevant timeframe. Posted on Monday, February 8, 2010 at 6:50 am

Class Action Challenging Secret Revenue-Sharing Payments in Purchase
of Mutual Funds Fell Within Scope of "Covered Class Actions" under
SLUSA (Securities Litigation Uniform Standards Act of 1998) and was
Properly Dismissed because State-Actions Exception did not Apply Sixth
Circuit Holds Plaintiff filed a putative class action against various
Nationwide Life Insurance entities on behalf of employee-participants
in his employer's "deferred compensation plan" alleging breach of
fiduciary duty and unjust Posted on Monday, February 8, 2010 at 6:50 am

Putative Class Action Against American Airlines Asserting Claims under
Montreal Convention based on Flight Delays caused by Weather Dismissed
without Leave to Amend because Two Year Limitations Period Expired
Texas Federal Court Holds On December 17, 2009, plaintiff filed a
putative class action against American Airlines for alleged violations
of the Convention for the Unification of Certain Rules for
International Carriage by Air ("Montreal Convention"), which "provides
for compensation to consumers in Posted on Saturday, February 6, 2010 at 2:25 am

Q. Am I talking loud enough to where you can hear all of my questions
distinctly and clearly? A. Yes, sir. I don't know how good I can talk,
I left my teeth at home, in a glass of water. Q. Well, gum it out good
and loud. Posted on Saturday, February 6, 2010 at 6:21 am

From John E. Haught of Beaumont (Mehaffy & Weber), this excerpt
from the deposition of a supposed eyewitness to an automobile accident
who was a close friend of the plaintiff's family. A. It's nothing out
of the ordinary that I didn't, you know, go by and see Ms. Smith and
Jim, you know, because, you know, I've always helped Jim out, you know
- and, of course, - Ms. Smith having this Alzheimer's disease and all,
you know, I always wanted to visit with her as often as possible. Q.
You say Ms. Smith has Posted on Saturday, February 6, 2010 at 6:21 am

From Robert A. Bragalone of Dallas (Cooper & Scully), this excerpt
from a deposition he recently attended. Q. And where are - how are you
calculating that? How old do you believe Damien was when he was born?
We'll start there. Mr. Bragalone: Object to form. That's one of those
for Judge Buchmeyer. Ms. Vaughan: Let me rephrase that. A. From the
discharge - Q. (By Ms. Vaughan) That one would have definitely been
misleading. Let me rephrase that. Posted on Wednesday, February 3, 2010 at 6:09 pm

Just saw this and thought it was worth posting. The Illinois Supreme
Court says limiting damage amounts in medical malpractice cases
violates the state's Constitution. In an opinion filed Thursday, the
court says such caps violate the principle of separation of powers.
The court says the limits the Illinois General Assembly adopted in
2005 would infringe on the judicial branch's power. Medical providers
quickly warned that the ruling could hurt patients' access to doctors
and hospitals because of increased Posted on Saturday, February 6, 2010 at 1:41 pm

This is a major victory for the civil justice system in California. A
prevailing plaintiff should be entitled to recover the full cost of
her medical care, even if her private insurer paid a smaller,
negotiated amount to cover all of her hospital and doctor bills,
California's 4th District Court of Appeal panel held Monday. The
decision overturns a San Diego County Superior Court ruling that cut
plaintiff Rebecca Howell's jury award for medical expenses from
$189,978 to $59,691 on the grounds that she Posted on Wednesday, December 23, 2009 at 4:09 am

Today I got a wonderful e-mail from Joanne Doroshow, the founder and
Executive Director of the Center for Justice & Democracy. Joanne
is on my short-list of heroes, so I'm extremely pleased to share the
following news with you: CJ&D's blog, ThePopTort, has for the
second year in a row been selected as one of the 100 best legal blawgs
by the American Bar Association. You can help turn that good news to
great news by voting for The PopTort in its individual category.
First, register here (it's quick Posted on Wednesday, December 23, 2009 at 4:09 am

Yesterday a task force of the House of Representatives voted in favor
of four articles of impeachment against Judge G. Thomas Porteous, Jr.,
Eastern District of Louisiana. The articles allege an improper
financial relationship with a firm that handled a case before him, the
failure to recuse himself in a case the firm handled, and more. Judge,
Facing Impeachment, Mounts His Defense, The BLT: The Blog of the Legal
Times, Jan. 22, 2010. The judge's lawyer argues that some of the
alleged misconduct was when Posted on Monday, January 25, 2010 at 10:00 am

4 U.K. Men Face Precedent-Setting Non-Jury Trial, NPR, Jan. 12, 2010.
For the past 400 years, all criminal trials in Britain have taken
place in front of a jury. But Tuesday, that precedent was broken as a
trial began before only a judge for four men accused of a major
robbery at Heathrow Airport. Recent legislation allows non-jury trials
in exceptional circumstances. And in this case, the police convinced a
higher court that there had been attempts to intimidate or bribe
potential jurors. The crime was Posted on Friday, January 22, 2010 at 10:16 am

RCW 10.58.090, added in 2008, allows trial courts to admit evidence of
prior sexual misconduct in sex offense cases, even if it would be
excluded under ER 404(b). The evidence must still be admissible under
ER 403. Last month, Division I upheld the statute's constitutionality
over a variety of objections by a man convicted of molesting his
granddaughter after a trial that included the testimony of several
other relatives he had molested when they were girls. State v.
Scherner, No. 62507-1-I, Findlaw (Dec. Posted on Friday, January 22, 2010 at 10:16 am

Accessdata Corp. v. ALSTE Tech. GMBH, 2010 WL 3184777 (D. Utah Jan.
21, 2010) In this breach of contract case, the court granted
plaintiff's motion to compel and ordered defendant (a German company)
to produce responsive third-party, personal data, despite objections
that such production would violate German law. The court also granted
plaintiff's motion to compel the re-production of previously produced
electronic discovery where defendant's initial production did not
conform to the requirements of Fed. R. Posted on Friday, February 5, 2010 at 10:20 pm

Howell Educ. Assoc. MEA/NEA v. Howell Board of Educ., 2010 WL 290515
(Mich. Jan. 26, 2010) In this "reverse" Freedom of Information Act
(FOIA) case, the trial court held that personal emails generated by
and stored on a public school's email system were public records
subject to FOIA. Upon plaintiffs' appeal, the appellate court reversed
the trial court and held that such emails were not public records and
thus not subject to FOIA. Moreover, the appellate court concluded that
violation of an acceptable use Posted on Wednesday, February 3, 2010 at 7:31 am

Bray & Gillespie Mgmt., LLC v. Lexington Ins. Co., 2009 WL 5218035
(M.D. Fla. Aug. 3, 2009); Bray & Gillespie Mgmt., LLC v. Lexington
Ins. Co., 2010 WL 55595 (M.D. Fla. Jan. 5, 2010) Following her finding
that "[Bray & Gillespie], through counsel, acted willfully and in
bad faith in violation of the Federal Rules of Civil Procedure and
this court's orders" by failing to make reasonable efforts to search
for and produce documents in response to court orders and by making
repeated Posted on Sunday, January 31, 2010 at 5:08 am

Admiral Ins. Co. v. Abshire, 574 F.3d 267 (5th Cir. 2009) The U.S.
Fifth Circuit recently upheld a district court's ruling that the
plaintiffs did not commence a new suit under CAFA, by seeking class
certification in an amended complaint or by reviving claims held by
the deceased plaintiffs, in a suit which was filed prior to
commencement of CAFA. Seventeen years back and long before the
commencement of CAFA, Abshire and other purchasers of life insurance
products, sued the State of Louisiana in the state Posted on Monday, February 8, 2010 at 4:06 pm

Beauford v. E.W.H. Group Inc., WL 1808468 (E.D. Cal. Jun. 24, 2009).
In this case, the California District Court remanded the action to
state court ruling that in absence of diversity of citizenship, it
lacked subject matter jurisdiction under CAFA. No surprise there! No
diversity, even minimal diversity; no federal court. Denise Beauford
sued E.W.H. Group, who operated a car dealership known as "Bakerfield
Mitsubishi," in California state court asserting breach of sales
contract claims on behalf of herself Posted on Saturday, February 6, 2010 at 6:06 am

Want to network with attorneys around the world, find out what is hot
in the legal world, etc., then turn to Laws, a one-stop shop for
almost all things law related. Posted on Saturday, February 6, 2010 at 6:06 am

The book I ordered on the SCOTUS was delivered about two weeks ago and
it's full of interesting information about the SCOTUS justices. Here
are a few: John Jay: hated his job John Marshal: hated Thomas
Jefferson, loved horseshoes Salmon Chase: his face was on the $1.00
bill and the $10,000.00 bill. James Clark McReynolds: hated everyone,
everyone hated him. Benjamin Cardozo: passed the bar having never
received a law degree William O. Douglas: nicknamed "wild bill"
Thurgood Marshall: loved days of our lives Posted on Monday, February 8, 2010 at 10:47 pm

I posted one a few months ago. Once I find it, I'll give the cite.
Hame v Lawson, 2010 NY Slip Op 00811 (App. Div., 2nd, 2010) The
plaintiff allegedly was struck by an automobile driven by Igal Shaul.
She filed a claim for no-fault benefits with Shaul's insurer, the
defendant Response Insurance Company (hereinafter RIC). After
conducting an investigation, including examinations under oath of the
plaintiff and Shaul, RIC denied her claim, concluding that she had
made "material misrepresentations and false Posted on Monday, February 8, 2010 at 10:47 pm

B.Y., M.D., P.C. v Government Empl. Ins. Co., 2010 NY Slip Op 20026
(App. Term, 2nd, 2010) In this action by providers to recover assigned
first-party no-fault benefits, plaintiffs moved for "partial summary
judgment," asserting that, pursuant to CPLR 3212 (e) or, in the
alternative, CPLR 3212 (g), the District Court should determine that
plaintiffs had established their prima facie case with respect to
their first cause of action. In opposition to the motion, defendant
argued, among other things, that Posted on Saturday, February 6, 2010 at 1:10 pm

The full 2009 Socha-Gelbmann Electronic Discovery Survey Report is now
available for purchase. For detail, please contact George Socha
(george@sochaconsulting.com, 651.690.1739) or Tom Gelbmann
(tom@gelbmann.biz, 651.483.0022). We are in the final stages of
preparing the participant report and will be distributing that to
participants in the near future. Share [...] Posted on Tuesday, January 5, 2010 at 1:58 am

[ April 23, 2009; 12:00 pm to 1:00 pm. ] Link to webinar information
and registration:Litigations and internal investigations are on the
rise. And all corporations are under a budget crunch. How does one
successfully implement eDiscovery while keeping costs in check and yet
not compromise on the accuracy, completeness and defensibility of
their eDiscovery process? Why is the trend to bring eDiscovery
in-house rising? [...] Posted on Tuesday, April 21, 2009 at 7:10 am

February 11, 2009 - In response to the current economic challenges and
the accompanying reduction in electronic discovery personnel at
service and software providers, law firms and corporations, for select
individuals we are temporarily waiving the individual EDRM
participation fee. This waiver applies to individuals who have lost,
or are about to lose, positions in the [...] Posted on Wednesday, February 11, 2009 at 7:38 am

Arkansas Rule of Evidence 704 provides that Testimony in the form of
an opinion or inference otherwise admissible is not objectionable
because it embraces an ultimate issue to be decided by the trier of
fact. Under this rule, Arkansas courts... Posted on Tuesday, February 9, 2010 at 10:35 am

About 90% of criminal cases in the United States are resolved by plea
bargains, and it is well established that if the prosecution fails to
adhere to the terms of a plea agreement, it constitutes good cause for
the defendant... Posted on Tuesday, February 9, 2010 at 10:35 am

On Friday 1/29/10, the Pennsylvania Supreme Court (highest court)
issued an opinion in the case of Nationwide v. Fleming affirming the
decision of the Superior Court (intermediate appellate court), that
ruled the attorney-client privilege applies only to information given
to the attorney by the client. The 2007 Superior Court decision (924
A.2d 1259) offered the following analysis: "In sum, under our
statutory and decisional law, attorney-client privilege protects from
disclosure only those communications Posted on Thursday, February 4, 2010 at 10:42 pm

In December 2009, RockYou-a social networking application
site-suffered a breach of its systems that exposed the email addresses
and passwords of over 32 million users. RockYou offers online
applications that run on popular social networking sites such as
MySpace, Facebook, and Friendster, and has over 64 million monthly
users. The hacker published all 32 million passwords on the Internet
(but without the matching email username information). What went
wrong? It was later discovered that the hacker had Posted on Tuesday, February 2, 2010 at 2:30 am

Passage of the Class Action Fairness Act, 28 U.S.C. § 1332, 28 U.S.C.
§ 1441(a) and (b) and 28 U.S.C. §1453 ("CAFA") of course
dramatically expanded federal jurisdiction over class action cases.
But while CAFA explicitly defines what constitutes a "class action"
for purposes of federal jurisdiction, it does not explicitly address
what happens to federal jurisdiction after it becomes apparent,
whether by judicial decision or amendment, that no class can be
certified. Until now, the circuit courts had not Posted on Saturday, January 30, 2010 at 12:34 am

I was awarded the honor of being a 2010 Minority Business Leader by
the Dallas Business Journal. According to the publication, "You are
being honored for making a difference in your profession, our local
business community and our community. You were chosen by Dallas
Business Journal editors from a very competitive field of nominees and
we are proud to recognize you. Honorees were selected based on
professional achievements and leadership in their industry and in the
overall community." Please look for the Posted on Saturday, February 6, 2010 at 12:42 pm

Before CB radios, 18-wheelers were killing people. Before cell phones,
18-wheelers were killing people. And certainly before texting,
18-wheelers were killing people. These behemoths have been killing
people on the road since their introduction. But now, texting has put
us in even more grave danger. In fact, a study from last year found
that truck drivers who text while behind the wheel are 23 times more
likely to be in a crash. Now the government has finally taken action
by putting a ban on texting by both Posted on Sunday, January 31, 2010 at 8:09 pm

I previously blogged about Maclaren strollers that were recalled for a
fingertip amputation hazard. Now the Consumer Product Safety
Commission (CPSC) announced a voluntary recall from Graco on about 1.5
million of the manufacturer's strollers. Once again, this recall is
due to a child opening or closing hinges on the stroller's canopy,
which also causes a fingertip amputation and laceration. To date,
Graco received seven reports of injuries - five fingertip amputations
and two fingertip lacerations. And Posted on Thursday, January 28, 2010 at 5:29 pm

While eating cold leftover stuffing for breakfast, I came across a
site so wonderful, I wondered if I was still dreaming. Namely,
GingerbreadGhetto.com -- which promises, and delivers, the dark side
of gingerbread houses. With licorice bars, unforgiving Pez bricks in
the yard, and inmates working the marshmallow dead weights, our
favorite is the Gingerbread Prison: However the Gingerbread Serial
Killer House is a close second. Thanks to Tom Nardone for making the
site, and making my Boxing Day so much more Posted on Tuesday, December 25, 2007 at 12:40 pm

Last year, to celebrate a very special Christmas Day "Cops" marathon
on Court TV, our own Ritch Duncan penned a wonderful parody of "The
Night Before Christmas." We'll only broadcast two hours of "Cops" this
December 25th (7-9pm E/P), but Ritch's poem is so hilarious that we
wanted to post it once again.--Danny 'Twas the night before Christmas,
when all through the house Not a creature was stirring, not even a
mouse; The stockings were hung by the chimney with care, In hopes that
St. Nicholas soon would be Posted on Thursday, December 20, 2007 at 5:40 pm

By Maureen Harbourt On January 27, 2010, the SEC voted 3-2 to issue an
interpretive guidance "on existing SEC disclosure requirements as they
apply to business or legal developments relating to the issue of
climate change." Chair Mary Shapiro emphasized that the interpretive
release is not intended to create new legal requirements, but is to
clarify the requirements already applicable for reporting material
risks on public disclosure statements. She was careful to avoid
arguments on the science, stating: Posted on Sunday, January 31, 2010 at 1:39 pm

By Len Kilgore and Esteban Herrera In the January 20, 2010 Louisiana
Register, the Office of Conservation, Louisiana Department of Natural
Resources issued a Notice of Intent to amend Statewide Order 29-B to
incorporate new rules for the evaluation and remediation of
groundwater conditions at exploration and production sites. The
proposed rules can be found at this link. As part of the proposal,
Conservation has published a draft manual entitled "Exploration and
Production Waste Site Evaluation and Posted on Thursday, January 28, 2010 at 10:53 am

By Kevin C. Curry On January 22, 2010, President Obama signed a law
which allows taxpayers to claim a charitable deduction in the 2009 tax
year for cash donations made through March 1, 2010 for the relief of
victims in areas affected by the January 12, 2010 earthquake in Haiti.
The IRS notice on this new law indicates that cash contributions
eligible for the deduction against last years taxes include
contributions made by text message, check, credit card or debit card.
The law gives the taxpayer the option Posted on Thursday, January 28, 2010 at 10:53 am

The Wall Street Journal's February 4, 2010 article "Switzerland
Freezes Freed Duvalier Assets", is about alleged illicit assets
blocked in Switzerland. The blocked assets have been maintained in
Swiss bank accounts and are believed to originate from Haiti's public
coffers. These public coffers were reportedly looted by former
politically exposed person Jean-Claude "Baby Doc" Duvalier, who fled
Haiti in 1986. The Wall Street Journal article claims that foreign
dictators no longer favor hiding assets at Swiss Posted on Tuesday, February 9, 2010 at 9:53 am

The Court announced yesterday that there had been a settlement in the
New Jersey case involving Former Premier Michael Misick of the Turks
and Caicos Islands. The settlement is mentioned at the Court's Order
of Dismissal and by the current docket report. According to various
court filings, the Former Premier could have been a beneficial owner
of Hip Hop Weekly Magazine through his alleged interests in: My Way
Productions 2 LTD. ("My Way"), Z & M Media LLC ("Z & M"), and
the holding company for Hip Posted on Sunday, February 7, 2010 at 12:19 am

By using customer identification or "know your customer" rules, banks
try to prevent money laundering and other financial frauds. This use
of customer identification rules by banks is contemplated at the Fifth
Recommendation of the Financial Action Task Force. The Fifth
Recommendation urges banks to diligently verify a customer's identity
and to record the true beneficial ownership of bank accounts. As
reported at "Fighting Financial Fraud At UK Banks", the UK changed its
banks' "know your customer" rules Posted on Thursday, February 4, 2010 at 12:53 pm

A recent article on CBS reports that the federal government has found
a "strong association" between defective Chinese drywall and corrosion
of pipes and wires in homes where the drywall has been found. This
confirmation supports complaints made by thousands of homeowners
throughout the United States over the last year. The Consumer Product
Safety Commission, along with the Environmental Protection Agency and
the Centers for Disease Control and Prevention, continues to study the
potential health effects, Posted on Tuesday, December 22, 2009 at 9:06 pm

Stark & Stark is pleased to announce the launch of its newly
designed website at www.stark-stark.com. The design of the new site is
intended to make it easier for visitors to access information, find
attorney biographies, and research information on the many services
Stark & Stark offers. The new home page offers easy access to
information on individual offices, a sign-up page for industry
specific newsletters and updates on the firm's active involvement in
local community organizations. Please Posted on Tuesday, December 22, 2009 at 9:06 pm

The law firm of Stark & Stark, P.C. has joined forces with
Homeowners Against Deficient Dwellings (HADD) to file an amicus curiae
(friend of the court) brief urging the New Jersey Supreme Court to
allow homeowners to pursue tort remedies against manufacturers of
defective building components. The case, Dean v. Barrett Homes, Inc.,
will mark the first time the New Jersey Supreme Court has directly
addresses whether and to what extent the so-called economic loss rule,
originating in the law of product Posted on Tuesday, December 22, 2009 at 9:06 pm

Image via CrunchBase If you are an iPhone-using lawyer, you really
should subscribe to the iPhoneJD blog, where New Orleans attorney Jeff
Richardson keeps you updated not only on specific legal uses for the
iPhone, but on all things iPhone. Yesterday, he reviewed Fastcase, an
iPhone app for legal research, and the opening paragraph could hardly
have been more glowing: I will start this review with what probably
belongs in my conclusion: Every single lawyer using an iPhone should
download the Fastcase app. Posted on Wednesday, February 3, 2010 at 9:31 pm

There's nothing quite so frustrating as finding the perfect case -
factually and legally on "all fours" with yours, with a "slam dunk"
holding - that has been depublished (or was never published).
California Rules of Court, rule 8.1115(a), prohibits citation to
opinions "not certified for publication or ordered published." That
"perfect" case might as well not exist if it's not published. Well,
not quite. Such cases can be well worth finding because, in the
absence of published cases, they can still be Posted on Friday, January 29, 2010 at 10:06 am

Image via Wikipedia The Supreme Court denied review today in Burlage
v. Superior Court, leaving intact the decision that, by speculation of
some (including yours truly), will increase the number of legal
challenges to arbitration decisions. I won't go so far as to say that
it will "open the floodgates," but it certainly opens an avenue to
judicial review that many would not have tried before the decision was
published. Expect to see many challenges that assert, though not in so
many words, that the legal Posted on Saturday, January 23, 2010 at 3:50 am

The Minnesota Litigator will have no new posts for a few days but will
come back online transformed but always found at
www.minnesota-litigator.com This transformation and upgrade comes
around the site's first anniversary, give or take a few weeks. Looking
forward to an even better year to come and then some! Thanks! Posted on Friday, February 5, 2010 at 11:28 am

Minnesota Litigator reported a serious defeat for plaintiffs' class
action lawyers in the Mooney v. Allianz case late last year.
Plaintiffs' counsel sought to salvage some benefit from this long
battle by seeking injunctive relief which, if awarded, would have
given them attorneys' fees. (The jury had found that defendant Allianz
"use[d] a misrepresentation or deceptive practice in the course of
selling its two-tiered annuities" and "intend[ed] that others would
rely on the misrepresentation or deceptive Posted on Tuesday, February 2, 2010 at 6:42 pm

Covered here and here previously, the battle of the bikes settled
today. The Star Tribune article did not set out all of the terms of
the settlement, which are likely confidential but part of the
settlement was a $100,000 contribution to 1in6.org, a charity that
LeMond apparently favors. The case was hotly litigated for nearly two
years. (The "contribution" to litigation counsel likely dwarfed that
paid to the charity...) Posted on Tuesday, February 2, 2010 at 6:42 pm

At LegalTech New York 2010, Ari Kaplan interviewed Mary Mack,
Corporate Technology Counsel at Fios, on the value of partnerships in
e-discovery. The interview covers Fios' new partnership with kCura and
how, through partnerships, Fios is bringing value to clients who are
seeking to control e-discovery costs without sacrificing quality. View
Mack's "video" interview here. Posted on Saturday, February 6, 2010 at 7:55 pm

This National Law Journal article provides a terrific overview of what
was discussed at Fios' Regulatory e-discovery luncheon during
LegalTech NY on Feb. 2. Speakers included: Len Gordon, director of the
FTC's NE Regional Office, David Keyko from Pillsbury Winthrop, Josh
Weiss From Cadwalader, Wickersham & Taft and Fios' Dennis Kiker.
Fios' Mary Mack moderated. Posted on Friday, February 5, 2010 at 2:38 am

As part of our their new series "'Data! Data! Data!' - Cures for a
General Counsel's ESI Nightmares," The Posse List interviewed Mary
Mack and Dennis Kiker. They discuss collaboration and documentation
for defensibility among inside and outside counsel, between IT and
legal, among joint defense groups and during productions… how to get
control of the discovery process. Here's the interview on the Posse
List site: An interview with Mary Mack and Dennis Kiker of Fios:
collaborative e-discovery technology and Posted on Thursday, February 4, 2010 at 8:44 am

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the middle of all 3 it says "10,000 Maximum Insurance for each
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bundles. They are 5 1/2″ long and 4 1/2″ wide. Some of the
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INSURANCE typetiques store Old Letterpress Printers Block, AMERICAN
Life INSURANCE Click to see supersized imageClick to see supersized
image This Old Letterpress Printer's Block is Zinc mounted on
hardwood. AMERICAN Journal LIFE INSURANCE. The photos that read left
to right are "mirror" images. This Printer's Cut will free stand on a
desk or shelf to display as a Collectible - or use for its original
purpose to print with. Add this Posted on Monday, February 8, 2010 at 7:17 pm

2010 promises to be an important year for the structured settlement
industry. Strategic structured settlement priorities for 2010: Public
policy - what laws currently define structured settlement public
policy and how do these laws impact: 468B qualified settlement funds;
Non-qualified 130 structured settlements; Structured settlement
factoring transactions? Legislative reform - how will anticipated new
legislation change structured settlements: Health care reform;
Financial reform; Tax reform? Business Posted on Monday, January 4, 2010 at 5:43 pm

This blog post continues S2KM's summary and analysis of the NASP 2009
Annual Meeting. Prior S2KM blog posts about NASP are accessible on
S2KM's structured settlement wiki. NASP's 2009 strategic educational
analysis occurred primarily during a two-hour panel discussion titled
"Re-thinking Structured Settlements". S2KM assisted NASP in organizing
this panel discussion. Jeremy Babener's NASP presentation titled
"Factoring and the Structured Settlement Tax Subsidy" preceded and
contributed to NASP's strategic Posted on Tuesday, December 22, 2009 at 11:36 pm

During the recent NASP 2009 Annual Meeting, a panel of primary and
secondary market experts identified the civil RICO allegations in the
Spencer v. Hartford class action lawsuit as a textbook example of some
of the worst structured settlement business practices - regardless of
whether such business practices are determined to be legal or illegal
under existing laws. S2KM summarized the plaintiffs' class action RICO
allegations and recommended alternative structured settlement business
models and practices Posted on Tuesday, December 22, 2009 at 11:36 pm

Super Lawyers is accepting nominations for its Upstate New York
edition. To nominate an attorney, click on this link and nominate the
respective attorney (you must register to nominate an attorney; go to
"Nominate Your Peers" link). If you have worked with me and feel I am
worthy of a nomination, I ask that you consider nominating me. Posted on Wednesday, February 3, 2010 at 7:09 pm

For its February Session, the New York Court of Appeals will hear oral
arguments in Trupia v. Lake George Central School Dist. The appeal
concerns whether the Court should extend primary assumption of risk
beyond the context of sporting and entertainment activities. The
injured infant in Trupia attempted to slide down his school's
bannister and fell on his head, fracturing his skull and sustaining a
brain injury and retrograde amnesia. The infant and his father
commenced an action against the school. After Posted on Wednesday, February 3, 2010 at 7:09 pm

The Appellate Division, Third Department in Champ-Doran v. Lewis
recently held that an issue of fact existed regarding the defendant
landlord's liability for injuries the plaintiff's child sustained. The
plaintiff's child was attacked by one of two dogs owned by the
defendant's tenants on the plaintiff's front own front porch. The
plaintiff stated in his bill of particulars that the defendant
landlord was aware of the vicious propensities of his tenant's dogs;
he also alleged that the defendant tenant had Posted on Monday, January 25, 2010 at 8:44 am

As part of my lecture series for mid-career journalists at the Sri
Lanka College of Journalism, I held a class today on leveraging new
and social media for news managers dealing with provincial news in Sri
Lanka. Noting that the basis of this presentation was the generation
of news from the provinces in a manner that also used new media (most
provincial journalists still file their reports either through voice
calls or by faxing hand written copies), I said that separate from
this, those in Colombo in Posted on Monday, February 8, 2010 at 9:20 pm

OCHA's ReliefWeb has (a very rough) transcript of my recent podcast
with IRIN on the use of technology in Haiti's January 2010 earthquake
relief effort. Read it here. Read about the podcast and listen to the
original version here. A pertinent excerpt from the interview:
TUNBRIDGE: Did you see what is going on high-tech world here is
unprecedented. Did you think it is going change forever the way we do
respond to disasters? HATTOTUWA: The way we respond to disasters it
will always be the same. It will Posted on Wednesday, February 3, 2010 at 9:01 pm

I had an interesting interaction this morning with Christina Goodness
and a group of graduate students in New York University on Sri Lanka,
touching upon the challenges it faces post-war and the ways in which
information and technology can play a role in more systemic
peacebuilding and reconciliation. The class wiki (as PDF here),
largely based on Christina's exemplary vision, is a cutting-edge,
interdisciplinary and international syllabus that I wish universities
in Sri Lanka also had. They don't, and it Posted on Wednesday, February 3, 2010 at 9:01 pm

Like its federal counterpart, North Carolina Rule of Evidence 1002
provides that To prove the content of a writing, recording, or
photograph, the original writing, recording, or photograph is
required, except as otherwise provided in these rules or by
statute.... Posted on Sunday, February 7, 2010 at 3:07 pm

Inaugural Symposium: Forensic Science A Blueprint for the Future Feb
18th, Thursday, 9 - 6 p.m. (public panels) | UCLA School of Law For
more information and to register please go to the Symposium website:
www.law.ucla.edu/pulse/symposium Symposium Speakers: Michael
Chamberlain... Posted on Tuesday, February 2, 2010 at 9:13 am

Federal Rule of Evidence 1006 provides that The contents of voluminous
writings, recordings, or photographs which cannot conveniently be
examined in court may be presented in the form of a chart, summary, or
calculation. The originals, or duplicates, shall be... Posted on Tuesday, February 2, 2010 at 9:13 am

The California Supreme Court held its (usually) weekly conference
today. Notable results include: A Petition for Review was denied in
Princess Cruise Lines, Ltd. v. Superior Court (November 10, 2009)
(reliance as an element of certain UCL cases) - discussed on this blog
here A Request for Depublication was denied in Nazir v. United
Airlines, Inc. (October 9, 2009) (abusive practices in summary
judgment motions) - discussed on this blog here Posted on Thursday, February 4, 2010 at 6:58 pm

The Higher Education Act (HEA) was passed "to keep the college door
open to all students of ability, regardless of socioeconomic
background." Rowe v. Educ. Credit Mgmt. Corp., 559 F.3d 1028, 1030
(9th Cir. 2009). Congress also Congress established the Federal Family
Education Loan Program (FFELP), a system of loan guarantees meant to
encourage lenders to loan money to students and their parents on
favorable terms. See 20 U.S.C. §§ 1071-1087-4; Rowe, 559 F.3d at
1030. In Chae, et al. v. SLM Corporation, dba Posted on Friday, January 29, 2010 at 4:05 pm

The Seventh Division of the Second Appellate District has been lucky
(or unlucky - I don't know what they think about it) to draw a number
of major class-related appeals in the past several year. Today, they
add another to their growing list. In Arce v. Kaiser Foundation Health
Plan, Inc. (January 27, 2010) the Court of Appeal (Second Appellate
District, Division Seven) reviewed a trial court order sustaining a
demurrer without leave to amend to a claim arising under the UCL. The
plaintiff alleged that Posted on Friday, January 29, 2010 at 4:05 pm

The Legal Underground's Law-Related Thing That Sucks: Getting Yelled
at by a Judge Posted on Monday, February 23, 2009 at 6:40 am

On Episode #51: It's the last of a 3-part series on Advanced
Deposition Techniques. On Part 3: Miscellaneous Tips for Expert
Depositions. Includes the world's shortest expert deposition outline,
preparing for an expert's deposition by looking ahead to the
cross-examination at trial, and 5 ways to hit a home run with an
expert's CV. Running time: 10 minutes. Posted on Sunday, January 7, 2007 at 10:09 am

On Episode #51: It's the last of a 3-part series on Advanced
Deposition Techniques. On Part 3: Miscellaneous Tips for Expert
Depositions. Includes the world's shortest expert deposition outline,
preparing for an expert's deposition by looking ahead to the
cross-examination at trial, and 5 ways to hit a home run with an
expert's CV. Running time: 10 minutes. Posted on Sunday, January 7, 2007 at 10:09 am

Looking for when to buy a new Mac laptop, iPod or iPhone? Mac Buyer's
Guide has information on Apple products on when they were last
updated, the average life cycle, when the prodcut is expected to be
renewed and also a collection of news / rumors about the new products.
All on one page. A one stop shopping guide. I'm buying new iMacs now,
but holding off on getting a new laptop. Posted on Thursday, January 28, 2010 at 5:05 am

A quick comment about rates insurance companies pay and how much
uninsured people pay. I recently helped a friend out with a few
doctor's bills. I don't do this for a living, but did it to help a
friend. The bulk of it was two Emergency Room visits about two months
apart. She had insurance on the second visit, but was uninsured for
the first visit. Insured ER VIsit She had charges of $2,617. Insurance
paid $370 and there was a contractual adjustment of $2,047.00. That
left her a balance of $200 to pay. Posted on Wednesday, December 2, 2009 at 11:01 am

I have a case that came in not too long ago. Single car wreck. 11:30
p.m., the car's right tire goes off the edge of the road and the
driver over corrects, swerving back and forth trying to get control of
the car. The car eventually hits a concrete culvert and flips 3-4
times, finally coming to a rest upside down in a cornfield. My client
is the passenger. He was buckled in and looking for the driver. He
came to and was able to drag himself out of the car. Frantically
looking for the driver, he finally Posted on Wednesday, December 2, 2009 at 10:47 am

The 2010 edition of the Association of Law Costs Draftsmen's diary
contains advertisements from six barristers' chambers holding
themselves out as specialists in legal costs matters. Five of these
give the names of the barristers in their costs teams. The number of
named individuals totals 49. There are a number of other chambers who
have costs specialists who did not advertise in the diary. So how many
specialist costs barristers are there? There were a large number of
names I did not recognise and it may Posted on Friday, February 5, 2010 at 4:12 am

Where a claimant has picked up one or more costs orders in its favour
on the way to a trial, but fails very badly at the trial (for example
due to exaggeration), can the costs judge assess those costs at nil on
the footing that they were not, as it turned out, reasonably incurred
because they had been incurred in an action that sought an exaggerated
sum which should never have been claimed? No, according to Business
Environment Bow Lane Ltd v Deanwater Estates Ltd [2009] EWHC 2014
(Ch). Posted on Friday, February 5, 2010 at 4:12 am

I have recently been commenting on the forthcoming publication of
Civil Costs - Law and Practice, a new book by Dr Mark Friston. To give
you some idea as to the scope and ambition of this book have a look at
this sample chapter (external link). This chapter deals with the
important topic of contracts made away from solicitors' places of
business. If this looks like a difficult and obscure subject that you
can ignore, think again. If a solicitor's paperwork is not in order
their bill will be unenforceable. Posted on Tuesday, February 2, 2010 at 8:52 am

testing Posted on Monday, September 22, 2008 at 5:15 pm

There have been more than a few voices expressing, in various ways,
discomfort, surprise or puzzlement over the tone and substance of the
Clarence Thomas media blitz publicizing the Justice's newly published
book. A good example: Is Clarence Thomas Playing the Race Card Again?
When I watched the Clarence Thomas confirmation hearings many moons
ago, I was more than a bit surprised to hear him fight back with a
claim that the Anita Hill allegations of the hearings were, in his
words, a "high-tech lynching for Posted on Wednesday, October 3, 2007 at 3:08 am

Some years ago I had the delightful experience of a jury note after 2
days of deliberation which asked the judge, "Do we fill out the amount
of the damages if we agree the doctor was at fault?" Obviously, the
doctor and his defense attorney were having far different feelings. I
recalled this incident when I read the following news account of the
Isiah Thomas case. A JURY OF HIS FEARS Knicks coach Isiah Thomas isn't
getting any love from the jury in his sensational sexual harassment
case, a bombshell note Posted on Tuesday, October 2, 2007 at 6:12 am

Successive dispositive motions weren't exactly the issue in Dictor v.
Creative Management Services, but the Court did cite the two week old
9th Circuit decision in Hoffman v. Tonnemacher, [discussed here] with
approval. Therefore, it looks like the Court will follow the federal
court lead on this issue. In Dictor, the Nevada Supreme Court
clarified the law of the case doctrine and choice of law decisions. In
this case, involving an insurance subrogation claim, the Court had
previously determined in an Posted on Thursday, February 4, 2010 at 5:29 pm

In Fernandez v. Fernandez, the Nevada Supreme Court held that a
stipulation between the parties that a child support order will not be
modified cannot supersede statutory provisions allowing modification,
up or down, upon a material change in circumstances. The Court stated
"The formula and guideline statutes are not designed to produce the
highest award possible but rather a child support order that is
adequate to the child's needs, fair to both parents, and set at levels
that can be met without Posted on Thursday, February 4, 2010 at 5:29 pm

In Cunningham Charter Corp. v. Learjet, Inc., the 7th Circuit Court of
Appeals joins the 11th circuit in resolving a jurisdictional question
posed by the Class Action Fairness Act of 2005, 28 U.S.C. §§
1332(d), 1453, and 1711-1715. That Act creates federal diversity
jurisdiction over certain class actions in which at least one member
of the class is a citizen of a different state from any defendant
(that is, in which diversity may not be complete). The Court held that
where a class action has been Posted on Friday, January 29, 2010 at 2:30 pm

Mintel International Group, Ltd. v. Neergheen, 2010 U.S. Dist. LEXIS
2323 (N.D. Ill. Jan. 12, 2010) Defendant producer had worked in
plaintiff's marketing department, and had had access to plaintiff
requestor's confidential information. Defendant had signed an
employment agreement containing a confidentiality clause, and a
covenant not to compete. In 2007, plaintiff restructured its [...] Posted on Monday, February 1, 2010 at 11:05 am

Starbucks Corp. v. ADT Security Services, Inc., 2009 U.S. Dist. LEXIS
120941 (W.D. Wash. Apr. 30, 2009) The controversy involved ESI stored
on a Plasmon archiving system which producer argued was so cumbersome
that the data contained within it was not reasonably accessible
because of undue burden or cost under Rule 26(b)(2)(B). The system was
[...] Posted on Friday, January 22, 2010 at 10:20 pm

The Pension Committee of the University of Montreal Pension Plan v.
Banc of America Securities, LLC, 2010 U.S. Dist. LEXIS 1839 (S.D.N.Y.
Jan. 11, 2010) Plaintiff producers were a group of investors who had
brought an action to recover $550 million lost as a result of the
liquidation of two British Virgin Island hedge funds. [...] Posted on Friday, January 22, 2010 at 10:20 pm

On February 2, 2010, the California Commission on Judicial Performance
issued a decision imposing censure on Judge Brett C. Klein, retired,
arising out of Judge Klein's sua sponte modification of a proposed
final order to provide for the payment of $125,000 in attorney's fees
in $10 gift cards, and by his action in transmitting the order to the
press. A copy of the Commission's Order is posted here. The Order
imposes the strictest of penalties - barring Judge Klein from holding
judicial office in the state Posted on Friday, February 5, 2010 at 8:09 pm

On February 3, 2010, the California Supreme Court denied plaintiffs'
petition for review in Princess Cruise Lines, Ltd. v. Superior Court,
179 Cal. App. 4th 36 (2d Dist., 2009). Princess was one of the first
CAP opinions to address Prop 64 standing, and specifically the element
of named plaintiff reliance, subsequent to Tobacco II, 46 Cal. 4th 298
(2009). Princess turned on Tobacco II's findings that (1) "a
presumption, or at least an inference, of reliance arises wherever
there is a showing that a Posted on Friday, February 5, 2010 at 8:09 pm

On January 28, 2010, the Fourth District issued an opinion in
Pellegrino V. Robert Half International, Inc., __ Cal.App. 4th __
(2010), upholding a trial court order granting summary judgment in
favor of plaintiffs on the administrative exemption. The Court's
opinion contains two noteworthy components. First, the court held that
the trial court did not abuse its discretion in finding that a
"limitation on claims" provision contained in plaintiffs' employment
agreements - which shortened the statute of Posted on Friday, February 5, 2010 at 8:09 pm

When a medical provider in New York State -- a hospital, doctor,
clinic, pharmacy or medical supply company -- commits fraud against
New York State, everyone pays. You, as a taxpayer, end up picking up
the state's losses through an increase in your state and local taxes.
But individuals who know of fraud being committed against New York
State and/or New York City can put a stop to it by becoming
whistleblowers. Under New York State's (and New York City's)
whistleblower law known as the False Claims Act Posted on Thursday, February 4, 2010 at 11:29 am

The continuing dangers posed to infants by certain products has been
highlighted by the recall announced this month by the U.S. Consumer
Product Safety Commission ("CPSC") of approximately 635,000 cribs
manufactured by Dorel Asia SRL of Barbados. The recall was announced
after the reported death of a 6 month old child who became entrapped
and strangled in a Dorel crib after the drop side hardware broke. The
drop side hardware on the cribs can fail causing the drop side to
detach from the crib creating a Posted on Friday, January 29, 2010 at 6:25 am

Parkers Farm of Coon Rapids, Minnesota is recalling products because
they have the potential to be contaminated with Listeria
monocytogenes, an organism which can cause serious and sometimes fatal
infection in young children, frail or elderly people, and others with
weakened immune systems. Healthy individuals may suffer short-term
symptoms such as high fever, severe headache, stiffness, nausea,
abdominal pain and diarrhea, but Listeria infection can also cause
severe injuries like miscarriages and Posted on Saturday, January 23, 2010 at 4:17 am

Why aren't drivers getting the message that drinking and driving don't
mix? Why can't they see that this is a dangerous, sometimes fatal
combination? The family of 19 year-old Kevin Benes learned this the
hard way when a drunk driver slammed into the young Illinois man's car
last Dec 11, causing his death. His family has filed a wrongful death
lawsuit against Michael Bourdage, the man accused of driving drunk and
causing the crash. The lawsuit seeks unspecified damages in excess of
$50,000. Bourdage, 24, Posted on Sunday, February 7, 2010 at 5:08 pm

Have you ever talked on your cell phone while driving? Eaten food?
Read the newspaper? Read directions or a map? Blared your radio or
iPod? Texted a friend or business associate? Carried on a conversation
passengers? Shaved? Put on make-up? Combed your hair? Bent down to
pick something up off the floor? Lit a cigarette? Ridden with a pet on
your lap? O.K., perhaps we are over-killing this; you get the idea.
Driver distractions are nothing new, but auto accidents from driver
distractions are on the rise. Posted on Tuesday, January 26, 2010 at 8:16 pm

This summer, Ford is rolling out its MyFord Touch, a high-tech
dashboard for multimedia, navigation, and Internet capabilities. Two
features of the MyFord Touch system is the ability to make your car
into a WiFi hotspot and HD radio with iTunes tagging support. The
design replicates a traditional dashboard; everything is
interconnected. Information is displayed on a pair of 4.2" full-color
LCD screens on either side of an analog speedometer with five-way
navigation buttons on either side of the steering Posted on Thursday, January 21, 2010 at 3:31 am

The US Supreme Court has agreed to hear another employment arbitration
case. The issue is whether it is for the court, or an arbitrator, to
decide whether agreement to arbitrate is unconscionable. Jackson sued
under 42 USC Section 1981, claiming race discrimination and
retaliation. The trial court granted the employer's motion to dismiss
and to compel arbitration. The 9th Circuit (2-1) reversed. When he was
hired, Jackson signed an agreement to arbitrate all future disputes.
That agreement provided: "The Posted on Friday, January 22, 2010 at 6:05 am

The US Supreme Court has placed Rent-A-Center West v. Jackson on a
"fast track," meaning that briefing will be expedited so the Court can
hear the case this term - probably in April. Petitioner's brief is due
February 25. Respondent's brief is due March 25. Question presented:
Is the district court required in all cases to determine claims that
an arbitration agreement subject to the Federal Arbitration Act
("FAA") is unconscionable, even when the parties to the contract have
clearly and unmistakably Posted on Friday, January 22, 2010 at 6:05 am

The US Supreme Court announced today the schedule for oral arguments
in Stolt-Nielsen S.A., et al. v. AnimalFeeds International Corp. -
December 9 at 10:00 a.m. Eastern time. The parties in this case are
parties to international maritime contracts that contain arbitration
clauses. The contracts are silent as to whether arbitration is
permissible on behalf of a class of contracting parties. A panel of
arbitrators, tasked with deciding whether that silence permitted or
precluded class arbitration, received Posted on Monday, September 28, 2009 at 7:51 pm

Off topic, but we have a bee in our bonnet Posted on Tuesday, June 10, 2008 at 12:00 am

Just suffering from blogger ennui. Posted on Saturday, June 7, 2008 at 12:00 am

See United States v. Rosin, No. 06-15538 (11th Cir. Jan. 16, 2008)
(Black, Hull, Fay, JJ.). Posted on Sunday, January 20, 2008 at 12:00 am

Last week the Chicago Tribune ran an article by Ameet Sachdev on a
sizable verdict recently handed down by the Chicago Commission on
Human Relations. The case involved Dena Lockwood[pictured above] a
working mom, who took a job with Professional Neurological Services in
2004. She paid a price because she was a parent. Lockwood's commission
rate was lower than other sales personnel who did not have children.
She had a tougher time getting time off than her single counterparts.
And Lockwood felt ignored in Posted on Thursday, February 4, 2010 at 7:56 pm

A lawsuit growing out of a Twitter post has been tossed by a Cook
County judge. Last summer Uptown resident Amanda Bonnen filed a
Twitter post commenting on her "moldy apartment". Her landlord,
Horizon Management Group Realty LLC got wind of the tweet and filed a
libel lawsuit against her. Bonnen's attorney, Leslie Ann Reis argued
that the comments in the Twitter post were simply Bonnen's opinions.
Judge Diane Larsen agreed, noting that "The Court finds the tween
non-actionable as a matter of law." Congrats Posted on Tuesday, January 26, 2010 at 10:45 am

Almost missed this story coming out of Montana... Last week, a Montana
judge refused to toss a jury verdict against Hillerich & Bradsby,
the manufacturer of the Louisville Slugger baseball bat. In 2003,
Brandon Patch, an American Legion baseball player was killed when he
was struck on the head by a ball hit off an aluminum Louisville
Slugger bat. Brandon's parents sued in 2006, alleging the bat was
"unreasonably dangerous". In addition, they alleged that the
manufacturer failed to properly warn of the Posted on Wednesday, January 20, 2010 at 4:34 pm

I just picked up another criminal case that presents the issue of
whether it is permissible under the Tennessee constitution for the
police to send a wired informant into a home and then use the recorded
conversation as evidence. People who follow my blog will recall that
the same issue was presented in the Morrow murder solicitation case.
In the Morrow case, the issue was not resolved since the DA made us an
offer that we couldn't refuse (she spent 15 days in county jail,
served on weekends). At the Posted on Saturday, February 6, 2010 at 3:28 pm

I just read an interesting story by a reporter from the Washington
Post. You can read it here. It describes a trial in which the reporter
sat as a juror. Although the juror believed that the defendant was
guilty (even guilty beyond a reasonable doubt) he was prepared to
acquit because the police testifying were proven to be lying. Another
alternate juror on the case formed the same conclusion and reasoned
that the lies were enough to create reasonable doubt. This is exactly
what a jury ought to do - weigh Posted on Thursday, January 28, 2010 at 5:47 pm

The United States Supreme Court ruled this week that the right to a
public trial is violated by excluding the public from jury selection.
In a case out of Georgia, Presley v. Georgia, a single spectator (the
defendant's uncle) was present in the court room prior to the jury
pool entering the court. The trial judge informed him that he would
have to leave the court and also would have to leave the entire floor.
He was informed that he would be permitted to return after a jury had
been selected. The Posted on Friday, January 22, 2010 at 11:23 am

A federal case in the state of Washington almost made headlines in
Mississippi. What began as a medical malpractice case filed under the
Tort Claims Act eventually grew became a major threat to a Mississippi
statute providing for non-economic damage caps in medical malpractice
cases. The challenge threatened to lead to the statute being held
unconstitutional by a Washington state federal court, an almost
certain appeal of such a finding to the Ninth Circuit Court of Appeals
and a possible certification of Posted on Monday, February 8, 2010 at 10:36 pm

The Defense Research Institute commissioned Smock Sterling Strategic
Management Consultants to perform a study on the future of litigation.
A pdf of the study report can be downloaded here. The report provides
an interesting and informative overview of the future challenges to
the jury trial system. Among other things, the report provides insight
into future practice trends that should be beneficial to lawyers
planning their practice emphasis and future goals. Kudos to DRI for
publishing this report. Posted on Thursday, January 28, 2010 at 10:41 am

The American Bar Association (ABA) established a program in 1998 to
encourage corporations to retain minority lawyers. Initially called
the Minority Counsel Demonstration Program, it is now known as the
Minority Counsel Program (MCP). The goal of the program has grown to
include the promotion of diversity in the legal profession through
education and promoting relationships between corporations and lawyers
who are ethnically and racially diverse. Until recently, membership
fees for the program were fixed Posted on Thursday, January 28, 2010 at 10:41 am

On Wednesday, U.S. Transportation Secretary Ray LaHood announced a
federal ban on drivers of commercial vehicles, including buses and
semi-trailer trucks, from text-messaging while driving. Click here to
read an article on the ban posted at www.washingtonpost.com. This ban
comes in the wake of a recent study by the Virginia Tech
Transportation Institute, which found texting truckers to be 23 times
more likely to be involved in a crash or near crash. Distracted
driving has become a concern of Congress, and Posted on Tuesday, February 2, 2010 at 3:48 pm

In Hillenbrand v. Supervised Estate of Charlotte Fern Large, 914
N.E.2d 846 (Ind. Ct. App. 2009), Charlotte Fern Large was killed in a
motor vehicle accident and a wrongful death action was pursued by the
personal representative of Large's Estate. The attorney for the Estate
("Attorney") negotiated a settlement awarding Hillenbrand, as Large's
sole surviving child and beneficiary to the wrongful death claim,
$47,983.28, with an additional $12,016.72 to be paid to Large's
Estate. The Attorney then filed a Posted on Tuesday, January 26, 2010 at 10:46 am

In EADS v. Community Hospital, 909 N.E.2d 1009 (Ind. Ct. App. 2009),
Plaintiff brought a medical malpractice claim against a hospital after
receiving treatment for a broken ankle. Following her treatment,
plaintiff's request for a wheelchair was denied. She was instead given
crutches and ultimately fell while leaving the hospital, resulting in
her injuries. Plaintiff initially filed a general liability negligence
claim in Lake County Superior Court. The hospital then filed a motion
to dismiss, arguing Posted on Wednesday, January 20, 2010 at 4:35 pm

Swofford v. Eslinger, No. 08-00066, 2009 U.S. Dist. LEXIS 111064 (M.D.
Fla. Sept. 28, 2009). In this case involving a... Posted on Wednesday, February 3, 2010 at 5:23 pm

In re Rail Freight Fuel Surcharge Antitrust Litig., 2009 U.S. Dist.
LEXIS 99187, at *40-41 (D.D.C. Oct. 23, 2009). In... Posted on Sunday, January 31, 2010 at 2:17 pm

Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D.
Utah Jan. 21, 2010). In this breach of... Posted on Monday, January 25, 2010 at 6:24 am

Tuesday, February 2, 2010. Another cold February weekday workday
morning. Another noisy, bumpy,
spill-my-coffee-on-my-newspaper-every-two-minutes train to the city. I
looked around me, and observed the others commuting from Newark to
midtown Manhattan, beginning their daze days with the lethargy one
might associate with a Jets fan circa last Monday. But not me. This
was day two of LegalTech New York 2010, and I was on my way to this
premier legal technology showcase sponsored by ALM. Given how great my Posted on Friday, February 5, 2010 at 9:01 am

Increasingly, our society devotes a lot of time and energy to the use
of smartphones. Whether it is a BlackBerry or an iPhone, it is the
craze, and many now feel that they need to access their emails from
the palm of their hands. And the corporate world is no different.
Executives spend as much time focusing on the best ways to read
emails, send and receive instant messages, and access the Web as the
rest of us. However, executives (and the corporations they work for)
who use company intranets, also need to Posted on Wednesday, January 27, 2010 at 5:47 am

In this recent opinion, one Texas Court applied the Zubulake
cost-shifting factors to a shampoo company's unsupported argument that
the opposing party should have to share the costs of performing OCR…
and booted their argument to the curb. At the pre-trial Case
Management Conference, the Court ordered the parties to submit
estimates of the costs involved in the production of documents in
searchable Tagged Image File Format ("TIFF") with Optical Character
Recognition ("OCR") before it made a ruling on the Posted on Thursday, January 21, 2010 at 10:25 am

In the last 12 months, I have had three cases that I've labeled as "I
didn't get the email" (IDGTE) cases. It is often my role to help a
judge or jury understand how email sent from one party to another
might not get delivered. There are obvious reasons such as being
removed by a SPAM filter. However in most systems, you can see what
file(s) the SPAM filter removed. Thus, the recipient can figure out
what happened. But there are so-called silent lost email messages in
which neither party is notified of the Posted on Wednesday, July 15, 2009 at 10:12 am

Jason R. Baron wrote a guest blog, DESI, Sedona and Barcelona, in
Ralph Losey's blog e-Discovery Team. In the blog, Jason Reports from
the DESI III Global E-Discovery/E-Disclosure Workshop at ICAIL 2009
and The Sedona Conference® International Programme on Cross Border
E-Discovery and Privacy. He reports on many of the individual
presentations and has some great links. Jason reports a familiar
refrain, being prepared for the Rule 26 "meet and confer" and his
interesting study on "asymmetric preparation" for Posted on Monday, June 29, 2009 at 2:44 pm

Jason R. Baron wrote a guest blog, DESI, Sedona and Barcelona, in
Ralph Losey's blog e-Discovery Team. In the blog, Jason Reports from
the DESI III Global E-Discovery/E-Disclosure Workshop at ICAIL 2009
and The Sedona Conference® International Programme on Cross Border
E-Discovery and Privacy. He reports on many of the individual
presentations and has some great links. Jason reports a familiar
refrain, being prepared for the Rule 26 "meet and confer" and his
interesting study on "asymmetric preparation" for Posted on Monday, June 29, 2009 at 2:44 pm