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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • May 24

    Petition of the day

    Petition of the day
    The petition of the day is: Air Liquide Industrial U.S. LP v. Garrido 15-1336 Issue: (1) Whether the California Court of Appeal erred by holding, in direct conflict with DirectTV v. Imburgia, that the parties’ agreement…
  • May 24

    Petitions to watch | Conference of May 26

    Petitions to watch | Conference of May 26
    In its Conference of May 26, 2016, the Court will consider petitions involving issues such as whether and under what standard a corporation or other organization may be deemed to have “knowingly” presented a false claim, or used…
  • May 24

    Event announcement

    Event announcement
    On June 2 at 11:45 a.m., Judge Brett Kavanaugh will give the keynote address, “Justice Scalia and Deference,” at a conference with the Center for the Study of the Administrative State. More information about the conference is…
Rank this Week: 10

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 22

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
  • May 24

    EUPILLAR conference on Cross-Border Litigation Conference, London, 16-17 June

    EUPILLAR conference on Cross-Border Litigation Conference, London, 16-17 June
    The “Cross-Border Litigation in Europe” conference is organised by the Centre for Business Law and Practice, University of Leeds, and the Centre for Private International Law, the University of Aberdeen. The conference is…
  • May 24

    Avotinš v. Latvia: Presumption of Equivalent Protection not Rebutted

    Avotinš v. Latvia: Presumption of Equivalent Protection not Rebutted
    The much awaited decision Avotinš v. Latvia of the Grand Chamber of the ECtHR was finally delivered yesterday. The decision can be found here. A video of the delivery is also available. The European Court of Human Rights held by a…
  • May 20

    Full Movement beyond Control and the Law – Research Project – 2016 – 2021

    Full Movement beyond Control and the Law – Research Project – 2016 – 2021
    Prof. Jean-Sylvestre Bergé, of Lyon, is the leading researcher of the long-term, multidisciplinary and comparative (and certainly challenging!) project giving title to this post. A summary of the project, which…
Rank this Week: 29

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/
  • Apr 1

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com
    Effective April 1, 2015, the Information Governance Engagement Area blog will no longer be updated on a regular basis.  New content ranging from news and events to opinions and assertions will now be available exclusively on the…
  • Mar 31

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix
    By John MartinDocuments in file shares, content management systems, and scanned archives are often described as “unstructured.” However, there is typically a high level of structure in and interconnectedness among those documents.…
  • Mar 30

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR
    By John TredennickTechnology assisted review has a transparency problem. Notwithstanding TAR’s proven savings in both time and review costs, many attorneys hesitate to use it because courts require “transparency” in the TAR…
Rank this Week: 38

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/
  • Feb 9

    A Noteworthy Event – March 17-18, 2016

    A Noteworthy Event – March 17-18, 2016
    Retail data breaches continue to evolve and bring new litigation and trends in the Data Breach and Privacy Litigation context. Business to business claims, vendor lawsuits, litigation between issuing banks and retailers post-breach, the…
  • Jan 29

    Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court

    Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court
    Robertson v Exxon Mobil Corp., 2015 WL 9592499 (5th Cir. Dec. 31, 2015). In a personal injury and a property damage action, the Fifth Circuit reversed the district court’s order remanding the action finding that the defendants had by…
  • Jan 13

    Fifth Circuit weighs in on ambiguous class definition

    Fifth Circuit weighs in on ambiguous class definition
    Arbuckle Mountain Ranch of Texas Inc v Chesapeake Energy Corporation, Case No. 15-10955, 2016 WL 98128 (5th Cir. Jan 7, 2016). In a 2-1 decision, the Fifth Circuit examined an ambiguous complaint suggesting two class definitions, (one a…
Rank this Week: 46

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 61

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • May 19

    Good Doctors Learn From Malpractice; Bad Doctors Lobby For New Law

    Good Doctors Learn From Malpractice; Bad Doctors Lobby For New Law
    A week ago, the Wall Street Journal published an excellent article, “Clues to Better Health Care From Old Malpractice Lawsuits,” which detailed the way that malpractice insurers and medical safety groups have been pouring through…
  • May 15

    Death From Medical Error: Even More Common Than The Headlines Say

    Death From Medical Error: Even More Common Than The Headlines Say
    A recent article in the British Medical Journal made the headline-grabbing claim that medical errors were now “the third leading cause of death in the US,” behind only cancer and heart disease. Medical errors, in their estimate,…
  • May 3

    The Science Connecting Talcum Powder And Ovarian Cancer

    The Science Connecting Talcum Powder And Ovarian Cancer
    On Monday, a jury in Missouri hit Johnson & Johnson with a $55 million verdict in favor of a woman who developed ovarian cancer after decades of using talc baby powder in her vaginal area as part of her normal routine. Younger readers…
Rank this Week: 101

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: 109

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Feb 24

    No Reasonable Construction Would Save Plaintiff’s Patent Infringement Claim

    No Reasonable Construction Would Save Plaintiff’s Patent Infringement Claim
    Nalco Co. v. Chem-Mod, LLC, No. 14 C 2510, Slip Op. (N.D. Ill. Oct. 15, 2015) (Darrah, J.). Judge Darrah granted defendants’ motion to dismiss defendants’ motion to dismiss plaintiff Nalco’s Third Amended Complaint pursuant…
  • Feb 22

    Counterfeit Sales Warrant Statutory Damages, Permanent Injunction and Attorney’s Fee

    Counterfeit Sales Warrant Statutory Damages, Permanent Injunction and Attorney’s Fee
    Bulgari, S.P.A. V. Zou Xiaohong, No. 15 C 5148, Slip Op. (N.D. Ill. Oct. 15, 2015) (Coleman, J.). Judge Coleman granted in part plaintiff Bulgari’s motion for summary judgment of trademark infringement, a permanent injunction and its…
  • Feb 19

    Design Patent Functionality Decision is a Question of Law

    Design Patent Functionality Decision is a Question of Law
    Dyson, Inc. v. SharkNinja Operating LLC, No. 14 C 779, Slip Op. (N.D. Ill. Nov. 17, 2015) (Darrah, J.). Judge Darrah denied defendants’ (collectively “SharkNinja”) motion for reconsideration of the Court’s denial of…
Rank this Week: 155

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Nov 14

    “A Question of Exceptional Importance”

    “A Question of Exceptional Importance”
    Update (November 14, 2014): Since my earlier post on Bruce Carneil Webster’s case, below (the death penalty case in which Dorsey & Whitney lawyers are fighting for Webster, a mentally retarded man on death row), Webster lost the…
  • Nov 13

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.
    Update (November 13, 2014): This endless case might be nearing its end, with the Minnesota Court of Appeals’ dramatic reduction in the trial court’s award of the victorious Plaintiff’s lawyers’ fees. We conclude…
  • Nov 12

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)
    Update (November 12, 2014): It seems with each filing (as described below) the news gets worse for defendant U.S. Sugar Company in this case, which appears to be about the defendant’s misfortune of buying sugar at historic high prices…
Rank this Week: 180

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/
  • May 24

    Tort Law in the Laboratory

    Tort Law in the Laboratory
    Theodore Eisenberg and Christoph Engel, Unpacking Negligence Liability: Experimentally Testing the Governance Effect, 13 J. Empirical Legal Stud. 116 (2016), available at SSRN.Mark GeistfeldEmpirical study of the law is important,…
  • May 23

    Sex Discrimination: The Future of LGBT Rights?

    Sex Discrimination: The Future of LGBT Rights?
    Suzanne Goldberg, Risky Arguments in Social-Justice Litigation: The Case of Sex Discrimination and Marriage Equality, 114 Colum. L. Rev. 2087 (2014).Clifford RoskyFor several decades, scholars, lawyers, and judges have debated whether laws…
  • May 20

    Putting a Face to International Tax Avoidance

    Putting a Face to International Tax Avoidance
    Omri Marian, The State Administration of  International Tax Avoidance, 7 Harv. Bus. L. Rev. (forthcoming, 2016).Andrew HayashiThe world of international tax avoidance is a colorful one. There are the legal structures, with names…
Rank this Week: 212

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • May 23

    Report: Most Lawyers Are Not Busy Enough

    Report: Most Lawyers Are Not Busy Enough
    You are not alone if you are a partner at a law firm and aren’t busy enough. According to this ABA article an Altman Weil report reveals that most partners aren’t busy enough. The figure is 80% for non-equity partners at big…
  • May 18

    Varidesk is a Great Stand-up Desk Option

    Varidesk is a Great Stand-up Desk Option
    Regular readers are familiar with my bitching about the health effects of sitting at a desk and working on a computer all day. Sitting all day makes my neck stiff and hurt. My gut feeling is that it’s generally bad for my physical…
  • May 16

    March Miss. Jury Verdict Reporter Preview

    March Miss. Jury Verdict Reporter Preview
    Here is a (late) preview of the March 2016 issue of the Miss. Jury Verdict Reporter: $43,500 verdict- Warren County trip and fall case (2/1/16); $26,567 verdict- Madison County breach of contract case (1/12/16); $5,000 verdict and 50%…
Rank this Week: 237

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/
  • May 22

    Hiding Cash By Structuring Bank Deposit

    Hiding Cash By Structuring Bank Deposit
    In some situations, the transfer of large sums of cash is a red flag that assets have been hidden by money laundering. Government authorities therefore require banks to report their customers who transfer or exchange large sums of cash.…
  • May 11

    Wire Fraud, Bribery & A Private Investigation

    Wire Fraud, Bribery & A Private Investigation
    This is the 10th post in my series about what private investigators can and cannot do legally when searching for assets. The post discusses “K.C.” who was defrauded out of at least $500,000.00 by Patricia Walker-Halstead, a…
  • May 4

    Divorce & Hidden Money: Panama Charly & Helga Glock’s Search For Asset

    Divorce & Hidden Money: Panama Charly & Helga Glock’s Search For Asset
    Moneylaundering.com’s Editor-in-Chief Kieran Beer says at his April 11th article, that the Panama Papers represent “an unparalleled look at the…abuse of shell companies, in this case those created by Panama-based law…
Rank this Week: 249

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/
  • May 24

    Pro tem update

    Pro tem update
    The following are currently sitting on assignment in the Second District: Judge Amy D. Hogue of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until July 31, 2016.Judge Michael J. Raphael of the…
  • May 20

    You know, that place where books live...?

    You know, that place where books live...?
    Today's DJ has a great letter to the editor from Bret Christensen of the Riverside County Law Library responding to the May 18 article Bar proposes revised practice skills requirements:The article did not say what skills on which the State…
  • May 19

    Split re anti-SLAPP fee

    Split re anti-SLAPP fee
    Ok, so plaintiff sues defendant, and defendant (of course!) responds with an anti-SLAPP motion. Before the trial court rules on the motion, plaintiff dismisses its case. We all know that when a plaintiff voluntarily dismisses in that…
Rank this Week: 340

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • May 24

    My New Podster Article, "The Debbie Dilemma"

    My New Podster Article, "The Debbie Dilemma"
    Today, Podster Magazine released its May 2016 issue. My article, "The Debbie Dilemma," appears on pages 46-47 (or 49/57). It deals with the police statements and testimony of Debbie Warren at Adnan's two trials. -CM
  • May 23

    What Types of Attorney Behavior are Per Se Ineffective Assistance of Counsel?

    What Types of Attorney Behavior are Per Se Ineffective Assistance of Counsel?
    Pursuant to the Supreme Court's opinion in Strickland v. Washington, a defendant establishes a claim of ineffective assistance of counsel by proving (1) that counsel’s performance "fell below an objective standard of…
  • May 20

    Will Missouri Adopt the Daubert Test for Expert Evidence?

    Will Missouri Adopt the Daubert Test for Expert Evidence?
    Missouri is currently one of a minority of states that still applies the Frye test for determining the admissibility of expert evidence. This Frye test uses a single criterion: Does the technique or technology used by the expert have…
Rank this Week: 328

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • May 24

    Western District Federal Court Grants Carrier's Motion to Remand Post-Koken Case to Federal Court

    Western District Federal Court Grants Carrier's Motion to Remand Post-Koken Case to Federal Court
    In a recent May 10, 2016 decision out of the Federal Western District Court of Pennsylvania in the case of Schutte v. GEICO, 2:16-cv-00374  (W.D. Pa. May 10, 2016 Schwab, J.), Judge Arthur J. Schwab denied a Plaintiff’s Motion to…
  • May 23

    No Loss of Consortium Claim Allowed to Nephew Relative to Aunt or Uncle

    No Loss of Consortium Claim Allowed to Nephew Relative to Aunt or Uncle
    In the case of Young v. Est. of Young, No. 658 C.D. 2015 (Cmwlth. Ct. April 12, 2016 Simpson, Wojcik, Pellegrini, J.J.)(Op. by Simpson, J.), the Pennsylvania Commonwealth Court sustained preliminary objections to a Complaint and ruled, in…
  • May 20

    ARTICLE: Expansion of Negligence Liability to Text Senders Untenable

    ARTICLE: Expansion of Negligence Liability to Text Senders Untenable
    The below article of mine appeared in the May 17, 2016 edition of the Pennsylvania Law Weekly. Expansion of Negligence Liability to Text Senders Untenable  byDaniel E. Cummins, Pennsylvania Law Weekly May 17 2016  …
Rank this Week: 320

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 293

Texas Causes of Action Blawg

Texas Causes of Action Blawg

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

http://causeofactionelements.blogspot.com/
  • Mar 2

    Laches explained (equitable remedy)

    Laches explained (equitable remedy)
    WHAT IS LACHES AND WHEN CAN IT BE INVOKED? "[L]aches is an equitable remedy that prevents a plaintiff from asserting a claim due to a lapse of time."Bluebonnet Sav. Bank, F.S.B. v. Grayridge Apartment Homes, Inc., 907 S.W.2d 904,…
  • Feb 4

    Right to an offset is an affirmative defense

    Right to an offset is an affirmative defense
      RIGHT TO OFFSET: WHO HAS BURDEN TO PLEAD AND PROVE IT? The right to an offset is an affirmative defense, and the burden of pleading offset and of proving facts necessary to support it are on the party making the…
  • Sep 22

    OAG v Weatherspoon (Tex 2015) Texas Supreme Court keeps whittling away at Whistleblower protection

    OAG v Weatherspoon (Tex 2015) Texas Supreme Court keeps whittling away at Whistleblower protection
    Supreme Court Justices continue to dismantle the Texas Whistleblower Act  Comment on Office of the Attorney General v Ginger Weatherspoon, No. 14-0582 (Tex. Sep. 18, 2015)  Here we go again. In an opinion handed down last…
Rank this Week: 311

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: 343

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • May 24

    Rhode Island Police Officer Dies in Unusual Wrong-Way Crash

    Rhode Island Police Officer Dies in Unusual Wrong-Way Crash
    Wrong-way crashes on highways are relatively rare, but are often fatal because of the increased force of two vehicles in a head-on crash and because such collisions are usually at a high rate of speed. Rhode Island State Police said a…
  • May 18

    5M Award for Family of Woman Hit and Killed by SMART Bu

    5M Award for Family of Woman Hit and Killed by SMART Bu
    In November 2014, Sally LaMay, 37, lost her life after she was hit in a marked crosswalk by a SMART (Suburban Mobility Authority for Regional Transportation) bus that was turning on a yellow flashing light. She left behind two teenaged…
  • May 16

    Jury Awards $1.3 Million In Hip Replacement Surgery Case

    Jury Awards $1.3 Million In Hip Replacement Surgery Case
    Failed hip replacement surgery can cause severe pain, serious injuries, physical impairment, mental anguish, and the need for additional surgery. A failed surgery, whether caused by medical negligence or a defective product, can deprive a…
Rank this Week: 593

North Texas Legal News

North Texas Legal News

Covers Texas business law. By Leiza Dolghih.

http://northtexaslegalnews.com/
  • May 24

    A Texas Court Enforces an 18-month, 50-mile non-compete against a Texas Veterinarian

    A Texas Court Enforces an 18-month, 50-mile non-compete against a Texas Veterinarian
    The Fort Worth Court of Appeals recently upheld an injunction enforcing an 18-month, 50-mile non-compete against a veterinarian, who accepted a job with a competing veterinary clinic within the 50-mile radius of her former employer. In…
  • May 18

    Breaking News: Millions of Employees Will Be Entitled to Overtime Pay Starting This December

    Breaking News: Millions of Employees Will Be Entitled to Overtime Pay Starting This December
    Under a new rule announced by the White House yesterday, anybody making a salary of less than $47,476 ($913 a week) will automatically qualify for overtime pay when they work more than 40 hours a week. The current threshold is $23,660 (or…
  • May 11

    Breaking News: President Obama Signs Trade Secrets Bill Into Law

    Breaking News: President Obama Signs Trade Secrets Bill Into Law
    Today, President Obama signed into law S. 1890, which will allow companies to sue entities in federal court over allegations of trade secrets theft. Previously, the Senate passed the bill 87-0 on April 4, and the House cleared it…
Rank this Week: 406

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/
  • May 18

    SCOTUS Vacates Ninth Circuit in Spokeo, Remands for New “Concreteness” Inquiry

    SCOTUS Vacates Ninth Circuit in Spokeo, Remands for New “Concreteness” Inquiry
    The Supreme Court issued Spokeo, Inc. v. Robins, No. 13-1339, earlier this week. In a majority opinion unlikely to make anyone happy, the Court vacated the Ninth Circuit’s decision, which held that Robins had adequately alleged Article III…
  • May 17

    SCOTUS Decision on Arising Under Jurisdiction in Merrill Lynch Case

    SCOTUS Decision on Arising Under Jurisdiction in Merrill Lynch Case
    Yesterday, the Supreme Court issued a unanimous decision in Merrill Lynch, Pierce, Fenner & Smith v. Manning. Justice Kagan wrote the opinion, with Justices Thomas (joined by Justice Sotomayor) concurred in the judgment and wrote…
  • May 16

    Senate Judiciary Committee to Consider Nominations of Ten Federal Judges This Week

    Senate Judiciary Committee to Consider Nominations of Ten Federal Judges This Week
    The Senate Judiciary Committee will hold hearings on Wednesday, May 18, 2016, at 10:00 a.m., on the nominations of: Donald Karl Schott, to be United States Circuit Judge for the Seventh Circuit Paul Lewis Abrams, to be United States…
Rank this Week: 439

Louisiana Law Blog

Louisiana Law Blog

Insight and information on Louisiana law, litigation and legal culture. By Kean Miller.

http://www.louisianalawblog.com/
Rank this Week: 547

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
  • Apr 15

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated
    The California Court of Appeal for the Fourth District recently held in Underwriters of Interest Subscribing Policy Number A15274001 v. ProBuilders Specialty Insurance Company that the statute of limitation on the insurer’s equitable…
  • Apr 7

    Do Not Take Some Client

    Do Not Take Some Client
    There are many lawyers.  The legal market is constricting. So, lawyers are out aggressively seeking new clients and new areas of law to represent.  Yet here I stand telling you not so fast – some clients just do not deserve…
  • Mar 18

    Vermont Adopts “Bad Faith” Standard for Personal Liability of Public Official

    Vermont Adopts “Bad Faith” Standard for Personal Liability of Public Official
    On March 11, 2016 the Vermont Supreme Court issued a unanimous decision absolving the City of Burlington’s former Chief Administrative Officer, Jonathan Leopold, of personal liability for authorizing the expenditure of City funds to…
Rank this Week: 563

Resolving Discovery Disputes

Resolving Discovery Disputes

Covers discovery plans, depositions, interrogatories and privileges. By Katherine Gallo.

http://www.resolvingdiscoverydisputes.com/
  • Apr 5

    The Interrogatory Says What it Say

    The Interrogatory Says What it Say
    There are very few discovery cases that come out each year.  Usually they are are significant and involve privileges such as Coito v. Superior Court and Catalina Island Yacht Club v. Superior Court.  The newly reported…
  • Apr 5

    The Interrogatory Says What it Say

    The Interrogatory Says What it Say
    There are very few discovery cases that come out each year.  Usually they are are significant and involve privileges such as Coito v. Superior Court and Catalina Island Yacht Club v. Superior Court.  The newly reported…
  • Mar 15

    The Pitfalls of Bad Discovery Habit

    The Pitfalls of Bad Discovery Habit
    For years I have been blogging about bad discovery habits from Garbage Objections to unauthorized General Objections, and preached that attorneys must play by the rules. As you know if you have read my blogs, I am quite the supporter of the…
Rank this Week: 586

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Feb 1

    Executors Should Beware Of Serious Pitfall

    Executors Should Beware Of Serious Pitfall
    Today’s Wall Street Journal contains a worthwhile but cautionary article about the pitfalls that can face even the most well-meaning executor. As you will see, a lot of the decisions an executor must make need to be made…
  • Jan 31

    David Bowie’s Will Filed In Manhattan Surrogate’s Court — His Estate Valued At 100 Million Dollar

    David Bowie’s Will Filed In Manhattan Surrogate’s Court — His Estate Valued At 100 Million Dollar
    The Will of David Robert Jones was filed earlier this month in New York County Surrogate’s Court giving the value of his estate at 100 million dollars. Not familiar with David Robert Jones? As the New York Times reported, He was far…
  • Jul 20

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate
    Prior to the commencement of a probate proceeding or an administration proceeding, the attorney for the estate will normally send a waiver consenting to the admission of the will to probate or to the appointment of an administrator to all…
Rank this Week: 537

Delaware eDiscovery Report

Delaware eDiscovery Report

Covers eDiscovery case law, rules, and issues, such confidentiality, sanctions and spoliation. By Morris James LLP.

http://www.delawareediscovery.com/
  • Apr 8

    LegalTech New York 2015 Impression

    LegalTech New York 2015 Impression
    Legal Tech New York 2015 took place in early February and the Morris James eDiscovery team was lucky enough to attend for the third straight year.  The general impression is that the eDiscovery focus has continued to shift away from…
  • Apr 3

    Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 2

    Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 2
    The is the second in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014. The second case is 112359 Factor Fund, LLC and Five Nine Group, LLC v. Flux Carbon Starter Fund, LLC, Mary Carroll, Kevin…
  • Mar 31

    Morris James Launches Data Privacy and Information Governance Group

    Morris James Launches Data Privacy and Information Governance Group
    Morris James LLP has formed a Data Privacy and Information Governance Group. The Data Privacy and Information Governance Group is an interdisciplinary team of corporate and fiduciary duty attorneys, attorneys well-versed in electronic data…
Rank this Week: 514

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: 552

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: 485

E-Discovery Beat

E-Discovery Beat

Covers electronic discovery. By Exterro.

http://www.exterro.com/e-discovery-beat/
  • May 24

    I’ve Made a Huge Mistake: Intentional Destruction of ESI is No Illusion

    I’ve Made a Huge Mistake: Intentional Destruction of ESI is No Illusion
    In season three of the series Arrested Development, episode 11 finds George Bluth, Sr. unsurprisingly using a giant electromagnet in an attempt to delete electronic computer files, which could potentially …
  • May 19

    Friday Funnies: Exterro's E-Discovery Meme Series (Evil Stored Information Edition)

    Friday Funnies: Exterro's E-Discovery Meme Series (Evil Stored Information Edition)
    This week's E-Discovery Meme from Exterro reminds us that making your ESI hard to find is "Evil." I mean come on...throw me a frickin' bone here. And remember, a sense of humor does wonders for your e-discovery process! Visit…
  • May 17

    The Taskatron: It Slices and Dices, but will it Optimize Your Legal Process?

    The Taskatron: It Slices and Dices, but will it Optimize Your Legal Process?
    We all know what a time saver technology can be. But sometimes, the very thing that's supposed to make our lives easier ends up creating more work than the original task at hand. Often times, Project Management tools can feel that…
Rank this Week: 1190

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • May 24

    The James Earl Jones (or Barry White) Effect now applies to women too! 

    The James Earl Jones (or Barry White) Effect now applies to women too! 
    Almost five years ago, we wrote about research saying men with deep voices were more persuasive. Science has moved forward though and now, women can also be more persuasive when using a deeper voice. Some call it a “sultry voice”.…
  • May 20

    Female? React emotionally and you’ll be seen as less  intelligent

    Female? React emotionally and you’ll be seen as less  intelligent
    It’s tough to see the same old themes come up over and over again but—here we go again… Women who react emotionally are seen as less intelligent, but if they react in a “measured and manly way” they are thought…
  • May 16

    So how do law firm partners really feel about Black associates? 

    So how do law firm partners really feel about Black associates? 
    Here’s another sneaky way researchers try to figure out your real feelings rather than your politically correct and overtly verbalized feelings. This is research from Nextions showing bias still exists in the legal field and it’s…
Rank this Week: 608

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • May 23

    Medical Device Injuries: FDA Data Reveals Increasing Risk

    Medical Device Injuries: FDA Data Reveals Increasing Risk
    The FDA receives thousands of reports each year detailing the deaths, serious injuries, and malfunctions associated with medical... Read More The post Medical Device Injuries: FDA Data Reveals Increasing Risk appeared first on The Expert…
  • May 23

    Communication Breakdowns in the Emergency Department as a Source of Malpractice

    Communication Breakdowns in the Emergency Department as a Source of Malpractice
    It is well-known that medical errors are common across the Unites States healthcare system, and many of these... Read More The post Communication Breakdowns in the Emergency Department as a Source of Malpractice appeared first on The Expert…
  • May 17

    Best Practices for Avoiding Expert Witness Disqualification

    Best Practices for Avoiding Expert Witness Disqualification
    As is the case with attorneys, conflict of interests may disqualify an expert witness from testifying on behalf... Read More The post Best Practices for Avoiding Expert Witness Disqualification appeared first on The Expert Institute.
Rank this Week: 1044

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • May 20

    No Causation Found For Plaintiff Injured by Dorm Fire Alarm

    No Causation Found For Plaintiff Injured by Dorm Fire Alarm
    In Crutchfield v. State, No. M2015-01199-COA-R3-CV (Tenn. Ct. App. April 18, 2016), plaintiff sued the State for alleged negligence regarding a fire alarm in her college dorm room at Tennessee Technological University (TTU), a state…
  • May 18

    Refusal to Strike HCLA Expert Affirmed

    Refusal to Strike HCLA Expert Affirmed
    In Bogle v. Nighthawk Radiology Services, LLC, No. M2014-01933-COA-R3-CV (Tenn. Ct. App. April 6, 2016), the dispositive issue was whether the trial court should have stricken defendant’s expert testimony in a health care liability case…
  • May 11

    Summary Judgment Reversed in Legal Malpractice Case

    Summary Judgment Reversed in Legal Malpractice Case
    In Roberts v. Ray, No. E2015-01522-COA-R3-CV (Tenn. Ct. App. April 13, 2016), the Court of Appeals reversed summary judgment on a legal malpractice claim, finding that there were genuine issues of material fact in the case. Plaintiff’s…
Rank this Week: 971

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/
  • May 18

    S2P2J Release 59

    S2P2J Release 59
    Despite historically low interest rates and negative PR (most recently this Washington Post Editorial) resulting from the unconscionable business practices of some secondary market companies, the primary structured settlement market continues…
  • Apr 16

    NSSTA 2016 Annual Conference

    NSSTA 2016 Annual Conference
    Len Blonder is a structured settlement pioneer now beginning an unprecedented third term as President of the National Structured Settlement Trade Association (NSSTA). It may seem counterintuitive, therefore, or perhaps wishful thinking, but…
  • Apr 4

    Patrick Williams Interview

    Patrick Williams Interview
    As the National Structured Settlement Trade Association (NSSTA) prepares for its 2016 Annual Meeting this week in Palm Beach Gardens, Florida, the primary structured settlement market faces many challenges - perhaps none greater than…
Rank this Week: 632

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: 1167

The California Blog of Appeal

The California Blog of Appeal

Features an appellate practitioner's take on practice and legal developments in the California Courts of Appeal, the California Supreme Court and the Ninth Circuit Court of Appeals. By Greg May.

http://www.calblogofappeal.com
  • Apr 14

    The 2015 edition of the California Litigation Review is Out

    The 2015 edition of the California Litigation Review is Out
    The 2015 edition of the California Litigation Review hit my mailbox yesterday. It is published by the Litigation Section of the California State Bar and it has some terrific coverage of appeals and writs developments last year . . . and…
  • Apr 13

    Will a death penalty initiative make it easier to obtain Supreme Court review of your civil case?

    Will a death penalty initiative make it easier to obtain Supreme Court review of your civil case?
    Death penalty cases can be automatically appealed to the Supreme Court, but a mere civil litigant has to ask the supreme court — convince it, really — to review its case. The odds are terrible; only about 1 in…
  • Mar 31

    Insight into the Supreme Court’s decisions on whether to hear case

    Insight into the Supreme Court’s decisions on whether to hear case
    The Los Angeles Times has a story today on Justice Goodwin Liu, or, more particularly, on how his two recent lengthy dissents from orders denying review give some insight into what the court’s reasoning was. Usually, an order…
Rank this Week: 713

The Law of Evidence

The Law of Evidence

Discusses evidentiary rules, objection practices, and court rulings. By Jesse Langel.

http://jesselangelevidence.blogspot.com
  • Apr 2

    Impeachment | Problem 29

    Impeachment | Problem 29
    Prosecution of D for soliciting a prostitute. The prosecution calls two witnesses. One witness says that she thinks she saw D committing the crime but isn’t sure. The second witness testifies that he is sure that D was not the person.…
  • Mar 30

    Impeachment | Problem 28

    Impeachment | Problem 28
    Prosecution of D for a bank robbery that occurred at 3 p.m. on a Friday. D’s alibi is that he was fishing at that time. The prosecution produces W to testify that he saw D sitting in a car in front of the bank at 2:45 p.m., a fact that…
  • Mar 25

    Components of Witness Credibility

    Components of Witness Credibility
      After having established a witness's competency[1]to testify, the fact finder must determine the accuracy with which the witness exercised her cognitive and perceptual capacity, the strength her of memory, and the actual…
Rank this Week: 807

California Business Litigation…

California Business Litigation Attorney Blog

Covers business litigation, real estate, and equine law. By Adina T. Stern.

http://www.californiabusinesslitigationattorneyblog.com/
  • Feb 10

    What You Should Know About Airbnb and VRBO

    What You Should Know About Airbnb and VRBO
    All too often new ideas get ahead of the law. Airbnb and VRBO are examples of just such a situation. Real estate lawyers are being inundated with calls from landlords who are receiving citations from their cities, fines from their…
  • Dec 14

    Hiring a Contractor: What you Need to Know About California Residential Remodeling and Construction Contract

    Hiring a Contractor: What you Need to Know About California Residential Remodeling and Construction Contract
    No matter where in Southern California you live, and no matter how long ago your home was built, remodeling and making improvements to your home is a generally a good idea. Whether you are knocking out a non-structural wall to create more…
  • Jun 22

    How to Put a Lis Pendens On a California Property

    How to Put a Lis Pendens On a California Property
    I often get calls from clients who are looking for a real estate lawyer to put a lis pendens on someone’s real property. I then explain to them that they must file a lawsuit to do this and they are surprised. A lis pendens literally…
Rank this Week: 643

Business Litigation Info

Business Litigation Info

Covers business litigation, intellectual property, data security, and advertising and media. By Faruki Ireland & Cox P.L.L.

http://www.businesslitigationinfo.com/
  • Nov 24

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER
    *     On September 17, 2015, Jeff Ireland and Jade Smarda, obtained a temporary restraining order on behalf of a local financial services firm in a trade secrets case. *     Jeff Sharkey and…
  • Nov 20

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace
    We use social media all the time. Make it a point during the day to notice how often you see a friend or colleague checking a Facebook update or sending a tweet (or giving you a three-star rating on the new Peeple app).  People are on…
  • Nov 16

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 1126

Class Action Defense Blog

Class Action Defense Blog

Covers CAFA, class certification, employment law, FCRA, FDCPA and multidistrict litigation. By Michael Hassen of Jeffer Mangels Butler & Mitchell LLP.

http://classactiondefense.jmbm.com/
Rank this Week: 708

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Jun 28

    Join The Contingency

    Join The Contingency
    Dear Blawgletterati Member, You, a special person You belong to an elite group – the highly intelligent readers of Blawgletter, one of the 10 all-time most popular Trials and Litigation law blogs on Justia. With Blawgletter’s farewell,…
  • Jun 16

    Blawgletter® Has Moved!

    Blawgletter® Has Moved!
    Blawgletter® has moved to a new location, and is now The Contingency. You will be redirected shortly.
  • Jun 14

    DNA and Pricing Patents Fall to Mayo and Alice

    DNA and Pricing Patents Fall to Mayo and Alice
    Unpatentable subject matter A pair of Federal Circuit opinions last week rejected patents involving patent-ineligible subject matter. What does that include, you ask? As Blawgletter noted last year in "You Still Can't Patent Ideas":…
Rank this Week: 987

The Florida Jury Selection Blog

The Florida Jury Selection Blog

Covers voir dire, cause challenges, juror concealment, non-verbal behavior, and peremptory challenges. By Robert W. Kelley.

http://www.juryblog.com
  • May 12

    “I don’t believe in the jury system”

    “I don’t believe in the jury system”
    During jury selection in a car accident case, a prospective juror told counsel she “didn’t believe in the jury system” because of an experience her brother had in a criminal case two years earlier. She said she thought she…
  • Apr 9

    Fundamental Error to Restrict Lawyer’s Questions During Voir Dire

    Fundamental Error to Restrict Lawyer’s Questions During Voir Dire
    A trial judge is Vero Beach was reversed last week for restricting defense counsel’s questions during jury selection. The defense lawyer in the case had been forced by the judge into going to trial without his client being…
  • Jan 30

    How to Save a Potentially Contaminated Jury Panel

    How to Save a Potentially Contaminated Jury Panel
    During jury selection in a civil trial a prospective juror stated in open court that he was familiar with one of the defendant’s expert medical witnesses. The juror said the expert had “kind of screwed-up my dad’s…
Rank this Week: 624

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/
  • Apr 13

    National Academies reports - Growth of Incarceration

    National Academies reports - Growth of Incarceration
    The Growth of Incarceration in the United States: Exploring Causes and Consequences (2014), packed with research and analysis from social scientists and policy experts, is available as a free PDF from the National Academies Press.This…
  • Apr 9

    Evidence-Based Practice in Criminal Defense

    Evidence-Based Practice in Criminal Defense
    This interesting paper was recently posted on SSRN:Jennifer E. Laurin, Gideon by the Numbers: The Emergence of Evidence-Based Practice in Indigent Defense,  Ohio State Journal of Criminal Law, Forthcoming 2015Abstract: A widespread…
  • Apr 3

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded
    Interesting case from New York: Joel Stashenko, Conviction Reversed as Expert Barred from Testifying, N.Y.L.J., April 3, 2015.The case is People v. McCullough, 11-01614 (N.Y. Sup. Ct., App. Div. March 27, 2015), link to court website
Rank this Week: 956

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Sep 2

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)
    SecondCircuitMap.png In mortgage fraud prosecution, government provided oral notice of its intent to introduce self-authenticating business records but failed to provide written notice as required under FRE 902(11); Second…
  • Sep 1

    Celebrating Labor Day

    Celebrating Labor Day
    Flags.JPG The Federal Evidence Blog returns on Tuesday, September 2, 2014. Enjoy the Labor Day holiday. Labor Day is celebrated on the first Monday in September. See 5 U.S.C. § 6103 (federal holidays).
  • Aug 29

    Bursting The Mailbox Rule Presumption

    Bursting The Mailbox Rule Presumption
    Mailbox.jpg Third Circuit considers the operation of the mailbox rule presumption under FRE 301 and the circumstances in which the presumption may be rebutted; circuit distinguishes between strong and weak presumptions;…
Rank this Week: 769

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: 1164