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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Feb 08

    "Federal judge breathes new life ...

    "Federal judge breathes new life into
    30-year-old death penalty case from San Jose"
    "Federal judge breathes new life into 30-year-old death penalty case
    from San Jose": Howard Mintz has this article today in The San Jose
    Mercury News. Posted on Monday, February 8, 2010 at 9:42 am
  • Feb 08

    "Libel case could relax defamatio ...

    "Libel case could relax defamation laws"
    "Libel case could relax defamation laws": This article appears today
    in The Sunday Times of London. Posted on Monday, February 8, 2010 at 9:42 am
  • Feb 08

    "NRA, onetime ally feud over next ...

    "NRA, onetime ally feud over next big guns
    case to go before Supreme Court"
    "NRA, onetime ally feud over next big guns case to go before Supreme
    Court": Robert Barnes will have this article Monday in The Washington
    Post. Posted on Monday, February 8, 2010 at 9:42 am
Rank This Ths Week: 8

SCOTUSblog

SCOTUSblog

Covers the Supreme Court of the United States. By Akin Gump Strauss
Hauer & Feld LLP.

http://www.scotusblog.com/wp
  • Feb 08

    The week ahead

    The week ahead
    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
  • Feb 08

    Monday round-up

    Monday round-up
    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
  • Feb 08

    NAMUDNO: Right Question, Wrong Case

    NAMUDNO: Right Question, Wrong Case
    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
Rank This Ths Week: 17

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.

http://www.pointoflaw.com/
  • Feb 08

    U.K.: law firm introduces persona ...

    U.K.: law firm introduces personal injury
    iPhone app
    "If you just can't get enough of personal injury ads on daytime TV,
    then Bott & Co solicitors has launched a new iPhone application
    designed to win compensation should you suffer a car crash or
    'incident.' Would be claimants will... Posted on Monday, February 8, 2010 at 12:47 pm
  • Feb 08

    Dan Walters on Schwarzenegger pro ...

    Dan Walters on Schwarzenegger proposals
    The veteran California political columnist describes what the governor
    is trying to do, but offers this blunt assessment: "Don't hold your
    breath. The Legislature's Democratic majority is symbiotically welded
    to the trial bar." [Sacramento Bee first, second columns via Pero,... Posted on Monday, February 8, 2010 at 12:47 pm
  • Feb 08

    "Study says genetics, not environ ...

    "Study says genetics, not environment, may be
    cause of S. Boston scleroderma cluster"
    Another suspected toxic-exposure cluster goes the way of the Long
    Island breast cancer scare and many other epidemics-that-weren't
    [Boston Globe via Fumento/CEI]... Posted on Monday, February 8, 2010 at 12:47 pm
Rank This Ths Week: 39

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. Published by Rob Robinson.

http://infogovernance.blogspot.com/
  • Feb 06

    Discovery in Costa Rica

    Discovery in Costa Rica
    Will be on a short blogging hiatus - discovering Costa Rica. Posted on Saturday, February 6, 2010 at 11:27 am
  • Feb 03

    Weekly eDiscovery News and Views ...

    Weekly eDiscovery News and Views - February
    3, 2010 - LegalTech Edition
    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
  • Jan 31

    LegalTech 2010 Overview - Applied ...

    LegalTech 2010 Overview - Applied Discovery
    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
Rank This Ths Week: 51

Structured Settlements 4Real

Structured Settlements 4Real

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

http://structuredsettlements.typepad.com/structured_settlements_4r/
  • Feb 08

    Principle v Principal- Financial ...

    Principle v Principal- Financial Literacy
    Moments of 2010-3
    This just in from the Attorney Finance Blog* of a company that lends
    money to trial lawyers, that also "moonlights" in settlement planning
    industry for attorneys: "No principle payment until the underlying
    case is resolved. The firm is not required to make any principle
    payments until a case is resolved. Traditional banks require periodic
    repayment of principle balances." November 18, 2009 "With most legal
    finance providers, No principle payments are required on the money
    until final disposition of the Posted on Monday, February 8, 2010 at 1:35 pm
  • Feb 08

    Structured Annuities Inc. Lays Do ...

    Structured Annuities Inc. Lays Down Rifle But
    "Can't Boil The Hog"
    Well it's clear that the principals of Structured Annuities, Inc,
    became aware of this blog because the media celebrating their 2007
    "bird killing event" has been removed from their website, an event we
    reported on in Structured Settlement Kill Zone: Lessons From The Great
    Dove Hunt of 2007 on January 9, 2010. The company has notably updated
    its copyright from 2003 to 2010, with all rights reserved, yet still
    posts circa 1999 material Structured Annuities, Inc. has attributed to
    Hartford Life. The Posted on Monday, February 8, 2010 at 1:35 pm
  • Feb 06

    Where Are You Going To Put Your S ...

    Where Are You Going To Put Your Settlement
    Money Now?
    Still feel comfortable putting your settlement money in the stock
    market? Today's headlines from CNBC Dow Down 4% after brutal sell off
    Dow Jones Industrial Average has dropped 6.7% from its 52 weeks
    closing high on January 19, 2010 S&P 500 has dropped 7.6% from its
    52 week closing high on January 19, 2010 Nasdaq biggest one day drop
    since October 1, 2009 Silver Futures down 5%, lowest since June 2009
    Gold Biggest Drop since December 2008 Oil Futures Down 5% A few
    memorable lines from Tim Rice and Posted on Saturday, February 6, 2010 at 3:38 am
Rank This Ths Week: 68

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Feb 06

    Annals of Arbitration: Golden Bea ...

    Annals of Arbitration: Golden Bear Beats Lone
    Star
    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
  • Feb 03

    WSJ on Antitrust

    WSJ on Antitrust
    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
  • Feb 03

    What PSLRA Has Wrought; "Pay-to-P ...

    What PSLRA Has Wrought; "Pay-to-Play"?
    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
Rank This Ths Week: 85

Sui Generis--a New York law blog

Sui Generis--a New York law blog

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

http://nylawblog.typepad.com/suigeneris/
  • Feb 08

    Seeking feedback for my upcoming ...

    Seeking feedback for my upcoming ABA book on
    cloud computing for lawyers
    Image via Wikipedia I'm very excited to announce that I'm writing a
    book about cloud computing for lawyers that the American Bar
    Association will be publishing at the end of 2010. This book will
    explain the concept of cloud computing, including SaaS, IaaS, and PaaS
    platforms, and will provide lawyers with an overview of why cloud
    computing is becoming increasingly common and why it will become an
    increasingly evident alternative to traditional software systems. I'll
    also discuss the legal and ethical issues Posted on Monday, February 8, 2010 at 7:40 pm
  • Feb 08

    Don't fear the cloud

    Don't fear the cloud
    This week's Daily Record column is entitled "Don't fear the cloud." A
    pdf of the article can be found here and my past Daily Record articles
    can be accessed here. ****** Don't fear the cloud "People ...
    especially people in positions of power ... have invested a tremendous
    amount of effort and time to get where they are. They really don't
    want to hear that we're on the wrong path, that we've got to shift
    gears and start thinking differently." - DAVID SUZUKI I am a staunch
    proponent of cloud computing and Posted on Monday, February 8, 2010 at 7:40 pm
  • Jan 28

    My favorite websites and online tools

    My favorite websites and online tools
    This week's Daily Record column is entitled "My favorite websites and
    online tools." A pdf of the article can be found here and my past
    Daily Record articles can be accessed here. ****** My favorite
    websites and online tools As you can probably imagine, I spend a lot
    of time online. Throughout my day, I find myself returning to the same
    Web sites over and over again. And, similarly, there are certain
    online tools that I use repeatedly. It occurred to me that sharing my
    favorite Web sites and online tools Posted on Thursday, January 28, 2010 at 6:42 am
Rank This Ths Week: 102

Class Action Defense Blog

Class Action Defense Blog

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

http://classactiondefense.jmbm.com/
  • Feb 08

    New Labor Law Class Actions Again ...

    New Labor Law Class Actions Again Hold Top
    Spot For Class Action Lawsuits Filed In
    California State And Federal Courts
    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
  • Feb 08

    SLUSA Class Action Defense Cases- ...

    SLUSA Class Action Defense Cases-Demings v.
    Nationwide Life Insurance: Sixth Circuit
    Affirms Dismissal Of Class Action Complaint
    Holding That State-Actions Exception Did Not
    Apply
    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
  • Feb 06

    Class Action Defense Cases-Dickso ...

    Class Action Defense Cases-Dickson v.
    American Airlines: Texas Federal Court
    Dismisses Class Action Against Airline
    Finding Limitations Period Expired On Claims
    Under Montreal Convention
    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
Rank This Ths Week: 105

Appellate Law & Practice

Appellate Law & Practice

Covers appellate law and advocacy.

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

    Giving it up.

    Giving it up.
    I am going to be discontinuing my participation in this blog in the
    next week or so. If you want someone to blame, blame 1) non-lawyers;
    2) furries; and 3) the victims rights/tort reform industry. Posted on Wednesday, December 10, 2008 at 9:15 pm
  • Dec 09

    CA1: large law firm loses case on ...

    CA1: large law firm loses case on behalf of
    client
    US Securities & Exch v. Tambone, No. 07-1384. This is a close
    case. On the one hand, the government is bringing an enforcement
    action regarding misleading prospectuses to sell mutual funds. On the
    other hand, the defendants are represented by a large firm. The
    government wins. I wonder what mistakes the large firm made in
    representing their clients. I have been told that large firms are very
    detail-oriented and win all the time. But, because these are rich
    defendants, the First pours a lot of type into Posted on Tuesday, December 9, 2008 at 2:29 am
  • Dec 09

    CA1: It's official. Everything is ...

    CA1: It's official. Everything is mail fraud.
    US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you
    know, the framers of the constitution really envisioned the federal
    government prosecuting insurance fraud (or, as they say, "mail
    fraud"). The first says that pretty much any sort of mailing in
    connection with collecting on an insurance policy where the defendant
    is up to know good is mail fraud. (Even if it is just "proof of
    loss."). Even letters that expressly said it wasn't "conceding"
    liability are in furtherance of a mail fraud Posted on Tuesday, December 9, 2008 at 2:17 am
Rank This Ths Week: 122

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://www.texasbar.com/saywhat/weblog/
  • Feb 06

    October 1985 - Are You Ready?

    October 1985 - Are You Ready?
    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
  • Feb 06

    July 1997 - Did They Really Say That?

    July 1997 - Did They Really Say That?
    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
  • Feb 03

    January 2004 - Did She Really Ask ...

    January 2004 - Did She Really Ask That?
    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
Rank This Ths Week: 133

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
  • Feb 08

    Swiss Institute of Comparative La ...

    Swiss Institute of Comparative Law: Programme
    of the Conference on the EU's Proposal on
    Succession
    As we anticipated in a previous post, on Friday, 19th March 2010, the
    Swiss Institute of Comparative Law (ISDC) will host the 22nd Journée
    de droit international privé, organised in collaboration with the
    University of Lausanne (Center of Comparative Law, European Law and
    International Law - CDCEI). The conference will analyse the
    Commission's Proposal on Succession: "Successions internationales.
    Réflexions autour du futur règlement européen et de son impact pour
    la Suisse". Here's the programme: Première Posted on Monday, February 8, 2010 at 8:55 pm
  • Feb 08

    French Case on Law Governing Owne ...

    French Case on Law Governing Ownership of
    Paintings
    On February 3rd, 2010, the French Cour de cassation delivered a
    judgment on choice of law in personal property matters. This is only
    the fourth time the Court has directly addressed the issue in the last
    hundred years. In 2000, a French born painter living in New York city
    had provided the defendant with 7 of his paintings. The defendant put
    them on the walls of the restaurant he had just opened in New York. In
    2005, the painter passed away. In 2006, the restaurant closed. The
    defendant then took the Posted on Monday, February 8, 2010 at 8:55 pm
  • Feb 06

    RELEASE OF LAST ISSUE OF DeCITA ( ...

    RELEASE OF LAST ISSUE OF DeCITA (vol. 11)
    DeCITA 11 (2009) on international insolvency (Insolvencia
    internacional) Release of the last issue of DeCITA (derecho del
    comercio internacional - temas y actualidades), the leading law
    journal on international commercial law and private international law
    in Latin America. The topic of this issue is international insolvency.
    In addition to the articles dedicated to this topic, and as usual,
    DeCITA offers a nourished panorama of the state of the law in
    different international organisations active in Posted on Saturday, February 6, 2010 at 11:17 am
Rank This Ths Week: 136

TortDeform

TortDeform

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

http://www.tortdeform.com/
  • Feb 06

    Illinois Supreme Court Strikes Do ...

    Illinois Supreme Court Strikes Down Damage
    Caps
    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
  • Dec 23

    California Appellate Court Holds ...

    California Appellate Court Holds That
    Defendants Are Liable For The Full Cost of
    Medical Care
    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
  • Dec 23

    Congratulations to the Center for ...

    Congratulations to the Center for Justice
    & Democracy
    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
Rank This Ths Week: 144

Chicago IP Litigation Blog

Chicago IP Litigation Blog

Covers Northern District of Illinois intellectual property cases.
Published by attorney R. David Donoghue.

http://www.chicagoiplitigation.com/
  • Feb 08

    Court Proposes Dismissing Declara ...

    Court Proposes Dismissing Declaratory
    Judgment Counterclaims as Duplicative of
    Plaintiff's Patent Claims
    Continental Datalabel, Inc. v. Avery Dennison Corp., No. 09 C 5980,
    Slip. Op. (N.D. Ill. Dec. 9, 2009 (Shadur, Sen. J.). Judge Shadur
    ordered the parties to be prepared to discuss at a status conference
    why defendants' respective noninfringement and invalidity declaratory
    judgment counterclaims should not be stricken as duplicative of
    plaintiff's patent infringement claims. * Click here for more on this
    case in the Blog's archives. Posted on Monday, February 8, 2010 at 9:02 pm
  • Feb 06

    Chicago IP Colloquium: District C ...

    Chicago IP Colloquium: District Courts as
    Patent Laboratories
    The annual Chicago IP Colloquium continues this Tuesday, February 9,
    2010. The Chicago IP Colloquium is jointly sponsored by Chicago-Kent
    College of Law and Loyola University Chicago School of Law to discuss
    a range of issues in intellectual property and cyberspace law based
    upon papers by six nationally renowned intellectual property scholars.
    The sessions are uniformly excellent, and well worth your time. The
    next session will be Tuesday, February 9 from 4:10 pm to 5:50 pm at
    Loyola and will feature Posted on Saturday, February 6, 2010 at 11:24 am
  • Feb 03

    No Reverse Confusion Because of D ...

    No Reverse Confusion Because of Dissimilar
    Trademarks
    World Wide Sales, Inc. v. Church & Dwight Co., Inc., No. 08 C
    1198, Slip Op. (N.D. Ill. Nov. 9, 2009) (Kennelly, J.). Judge Kennelly
    granted defendant Church & Dwight ("CD") summary judgment on each
    of plaintiff World Wide Sales' ("WWS") claims for trademark
    infringement, Lanham Act unfair competition and fraud on the Patent
    and Trademark office. WWS claimed that CD infringed and unfairly
    competed with WWS's Forever Fresh for the Fridge trademark, used with
    a refrigerator odor elimination product, Posted on Wednesday, February 3, 2010 at 11:31 pm
Rank This Ths Week: 179

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/
  • Jan 25

    Federal Judge May Face Impeachment

    Federal Judge May Face Impeachment
    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
  • Jan 22

    4 U.K. Men Face Precedent-Setting ...

    4 U.K. Men Face Precedent-Setting Non-Jury
    Trial
    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
  • Jan 22

    Admissibility of Past Acts of Sex ...

    Admissibility of Past Acts of Sexual Abuse
    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
Rank This Ths Week: 242

Litigation and Trial - Max Kennerly

Litigation and Trial - Max Kennerly

Covers topics related to civil litigation. Published by Maxwell S.
Kennerly, Esq. of the Beasley Law Firm, LLC.

http://www.litigationandtrial.com/
  • Feb 07

    Third Circuit Splits Itself On My ...

    Third Circuit Splits Itself On MySpace First
    Amendment Cases -- Or Does It?
    As Howard Bashman reports (along with many others, such as The Legal
    Intelligencer), yesterday two separate panels on the United States
    Court of Appeals for the Third Circuit simultaneously issued opinions
    in separate cases in which public-school students created prank
    MySpace pages about school administrators, were disciplined, and then
    brought suit alleging violations of their free speech rights. The
    opinion in Layshock v. Hermitage School District is here. The opinion
    in J.S. v. Blue Mountain School Posted on Sunday, February 7, 2010 at 7:02 am
  • Feb 04

    E.D.Pa. Refuses To Dismiss RICO A ...

    E.D.Pa. Refuses To Dismiss RICO Act Claims
    Against Title Insurers On Enterprise
    "Distinctiveness" Grounds
    The Racketeer Influenced and Corrupt Organizations Act ("RICO") is not
    all that complicated. Section 1962(c) provides: It shall be unlawful
    for any person employed by or associated with any enterprise engaged
    in, or the activities of which affect, interstate or foreign commerce,
    to conduct or participate, directly or indirectly, in the conduct of
    such enterprise's affairs through a pattern of racketeering activity
    or collection of unlawful debt. In case you think "racketeering
    activity" is too vague, don't Posted on Thursday, February 4, 2010 at 7:36 pm
  • Feb 04

    Law Is Made On A Lawyer's Desk: T ...

    Law Is Made On A Lawyer's Desk: Thoughts On
    The Supreme Court's Pending "Judicial Taking"
    Case
    Back in December, the Supreme Court held oral argument on Stop the
    Beach Renourishment, Inc. v. Florida Department of Environmental
    Protection. Though the case raises several issues, the primary
    question is: The Florida Supreme Court invoked "nonexistent rules of
    state substantive law" to reverse 100 years of uniform holdings that
    littoral rights are constitutionally protected. In doing so, did the
    Florida Court's decision cause a "judicial taking" proscribed by the
    Fifth and Fourteenth Amendments to the Posted on Thursday, February 4, 2010 at 7:36 pm
Rank This Ths Week: 275

Electronic Discovery Law

Electronic Discovery Law

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

http://www.ediscoverylaw.com/
  • Feb 05

    Court Compels Production of Forei ...

    Court Compels Production of Foreign Data and
    Re-Production of "Already-Produced"
    Electronic Discovery in a Reasonably Usable
    Form
    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
  • Feb 03

    Personal Emails Retained by Publi ...

    Personal Emails Retained by Public School's
    Email System Not Subject to Michigan's
    Freedom of Information Act
    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
  • Jan 31

    District Court Rejects Total Dism ...

    District Court Rejects Total Dismissal of
    Claims, Orders Partial Dismissal and $75,000
    in Monetary Sanctions for Egregious Discovery
    Violations
    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
Rank This Ths Week: 284

Federal Civil Practice Bulletin

Federal Civil Practice Bulletin

Covers federal civil practice and procedure. By University of Richmond
Professor A. Benjamin Spencer.

http://federalcivilpracticebulletin.blogspot.com/
  • Jan 28

    Association of Corporate Counsel ...

    Association of Corporate Counsel Article on
    Ethics and E-Discovery
    The ACC Docket, the publication of the Association of Corporate
    Counsel, has recently published an article entitled "Ethics and
    Ediscovery Review." Here is the introductory paragraph from the piece:
    A recent study published by the Ediscovery Institute based on a survey
    of leading ediscovery providers (Deduping Survey) shows that, despite
    the technical ability to suppress or consolidate duplicates within an
    electronic document population, chances are about 50:50 that your
    outside counsel fails to take Posted on Thursday, January 28, 2010 at 11:24 am
  • Jan 22

    Prof. Spencer Posts Article on Iq ...

    Prof. Spencer Posts Article on Iqbal on SSRN
    Professor A. Benjamin Spencer (W&L) has just posted an Article
    entitled Iqbal and the Slide Toward Restrictive Procedure on SSRN.
    Here is the Abstract: Last term, in Ashcroft v. Iqbal, the Supreme
    Court affirmed its commitment to more stringent pleading standards in
    the ordinary federal civil case. Although the decision is not a
    watershed, since it merely underscores the substantial changes to
    pleading doctrine wrought in Bell Atlantic Corp. v. Twombly, Iqbal is
    disconcerting for at least two reasons. Posted on Friday, January 22, 2010 at 7:33 am
  • Jan 22

    Second Circuit Issues Rule 11 Rul ...

    Second Circuit Issues Rule 11 Ruling;
    Discusses Authority of Magistrate Judges to
    Impose Sanctions
    Per Kiobel v. Millson, --- F.3d ----, 2010 WL 46785 (2d Cir. Jan. 8,
    2010): Appeal from an order of the United States District Court for
    the Southern District of New York (Kimba M. Wood, Chief Judge )
    sanctioning appellants pursuant to Rule 11 of the Federal Rules of
    Civil Procedure for making factual representations that lacked
    evidentiary support. Under our precedents, a statement of fact can
    give rise to the imposition of Rule 11 sanctions only when the
    particular allegation is utterly lacking in Posted on Friday, January 22, 2010 at 7:33 am
Rank This Ths Week: 304

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 08

    CAFA Is Not Applicable To A Previ ...

    CAFA Is Not Applicable To A Previously Filed
    Suit, Even If Class Certification Is Sought
    Or Claims Revived For Deceased Plaintiffs
    After Its Commencement, Says Fifth Circuit
    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
  • Feb 06

    Domicile, Not Residency, Is The C ...

    Domicile, Not Residency, Is The Central
    Question In Determining Citizenship For
    Diversity Jurisdiction Under CAFA, Says
    California District Court
    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
  • Feb 06

    Laws.Com - Where It's At!

    Laws.Com - Where It's At!
    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
Rank This Ths Week: 307

The Illinois Trial Practice Weblog

The Illinois Trial Practice Weblog

Offers tips and techniques for trials lawyers. By Evan Schaeffer.

http://www.illinoistrialpractice.com/
  • Feb 06

    How to Organize Simple Cases for ...

    How to Organize Simple Cases for Trial
    Without Software
    In his post "A Basic Manual System to Organize Materials for Trial,"
    lawyer Paul Luvera describes a step-by-step procedure for preparing
    for simple trial matters. He concludes, "This isn't rocket science and
    certainly software management is probably superior to my procedure,
    but for simple cases it works for me." It's worth a read. Posted on Saturday, February 6, 2010 at 4:36 am
  • Feb 03

    Fastcase: Free Research for the i ...

    Fastcase: Free Research for the iPhone
    Fastcase is free for the iPhone. There are two good reviews here--
    "Review of the Fastcase iPhone App," at Legal Geekery; "Review:
    Fastcase -- free caselaw and statute research for the iPhone," at
    iPhone J.D. Posted on Wednesday, February 3, 2010 at 3:42 pm
  • Jan 31

    Requests for Admissions: Admittin ...

    Requests for Admissions: Admitting of Denying
    Part of a Request
    A commenter writes-- I couldn't find an answer about how to respond
    when a requesting party stated many facts in one paragraph, some of
    which were true and others were not. Actually, it's easy to admit or
    deny only part of a request. Here an actual example from a past case--
    3. At the time of the purchase of the motorcycle in question, you were
    present, when Joe Johnson delivered a check on your behalf to the
    motorcycle dealership in question. Response: Defendant ADMITS that Joe
    Johnson delivered a check in Posted on Sunday, January 31, 2010 at 12:40 pm
Rank This Ths Week: 309

No-Fault Paradise

No-Fault Paradise

Covers New York no fault law. By David M. Gottlieb.

http://www.nofaultparadise.org
  • Feb 08

    SCOTUS FACTS

    SCOTUS FACTS
    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
  • Feb 08

    Another no-fault defamation case

    Another no-fault defamation case
    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
  • Feb 06

    Lots from the Appellate Term

    Lots from the Appellate Term
    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
Rank This Ths Week: 321

Expert Witness Blog

Expert Witness Blog

Blog covers use of expert witnesses in trials as well as expert
witness issues. Published by Jim Robinson.

http://www.expertwitnessblog.com/
  • There is no posts on this blog.
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Rank This Ths Week: 326

In Re Discovery

In Re Discovery

Covers electronic discovery and litigation information related to
ediscovery. From Socha Consulting LLC

http://sochaconsulting.com/inrediscovery
  • Jan 05

    2009 Socha-Gelbmann Electronic Di ...

    2009 Socha-Gelbmann Electronic Discovery
    Survey Report Now Available
    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
  • Apr 21

    Kazeon webinar: Successful Deploy ...

    Kazeon webinar: Successful Deployment of
    In-house eDiscovery: How to save money AND
    ensure complete, accurate, defensible
    eDiscovery
    [ 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
  • Feb 11

    EDRM Participation Fee Update

    EDRM Participation Fee Update
    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
Rank This Ths Week: 345

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
  • Feb 04

    Trial Judge Reduces $75M Punitive ...

    Trial Judge Reduces $75M Punitive Damages
    Award to $5.6M in Pfizer Litigation
    In the past two years Pfizer has been whacked with a series of large
    punitive damages awards in lawsuits claiming that its hormone
    replacement drugs cause breast cancer. One of the largest of those
    punitive damages awards was a $75 million award against Wyeth (which
    Pfizer acquired in October 2009) in a Philadelphia case involving $3.7
    million in compensatory damages. The Legal Intelligencer reports that
    the trial judge reduced that punitive damages award to $5.6 million,
    roughly 1.5 times the amount of the Posted on Thursday, February 4, 2010 at 6:01 pm
  • Feb 01

    Daily Journal Reports Decline in ...

    Daily Journal Reports Decline in Punitive
    Damages Awards
    Those of you with an online subscription to the Los Angeles & San
    Francisco Daily Journal can check out an article entitled "Blockbuster
    Punitive Awards Fell Off in 2009" in the Jan. 27 edition. The article
    refers to a paper we blogged about last year, showing that California
    leads the nation in "blockbuster" punitive damages awards (awards over
    $100 million). The DJ article notes we had no blockbuster awards last
    year. In fact, the largest punitive damages award in California last
    year was "only" $50 Posted on Monday, February 1, 2010 at 9:04 pm
  • Jan 29

    11th Circuit Hears Argument in Fl ...

    11th Circuit Hears Argument in Florida
    Tobacco Litgation
    Law.com reports here on an oral argument before the 11th Circuit in
    yet another case addressing the fallout of the Florida Supreme Court's
    Engle decision. As we have noted in prior posts, Engle reversed a $145
    billion punitive damages award in a class action brought by smokers,
    but determined that certain factual findings could be "retained" for
    future litigation. Now the 11th Circuit is trying to figure out what
    effect that decision has in federal court. Related posts: Florida Jury
    Awards $244 Million in Posted on Friday, January 29, 2010 at 5:44 pm
Rank This Ths Week: 380

EvidenceProf Blog

EvidenceProf Blog

By Professor Colin Miller.

http://lawprofessors.typepad.com/evidenceprof/
  • Feb 09

    Jumping To Conclusions: Supreme C ...

    Jumping To Conclusions: Supreme Court Of
    Arkansas Seemingly Errs In Deeming Admission
    An Ultimate Legal Conclusion
    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
  • Feb 09

    Not What She Bargained For: Supre ...

    Not What She Bargained For: Supreme Court Of
    Idaho Addresses Issue Of Whether Government
    Breached Plea Agreement In Harboring A Felon
    Appeal
    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
Rank This Ths Week: 400

Delaware Business Litigation Report

Delaware Business Litigation Report

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

http://www.delawarebusinesslitigation.com/
  • Feb 06

    Court of Chancery Now Open for Ar ...

    Court of Chancery Now Open for Arbitration of
    Corporate and Commercial Business Disputes
    The Delaware Court of Chancery ("Court of Chancery" or "Court") has
    announced new rules for arbitration procedures of business disputes.
    This offers businesses another attractive option to resolve not only
    the corporate governance disputes traditionally associated with the
    Court of Chancery but also other commercial and business disputes. It
    provides access to efficient expertise in a confidential and expedited
    process. Arbitration before a member of the Court will provide greater
    finality for the parties, Posted on Saturday, February 6, 2010 at 5:38 am
  • Feb 03

    Court Of Chancery Permits Limits ...

    Court Of Chancery Permits Limits On
    Advancement In Bylaws
    Xu Hong Bin v. Heckmann Corporation, C.A. 4802-CC ( January 8, 2010)
    There is a dilemma over the broad rights to advancement of legal fees
    given the sometimes very large amounts demanded. This decision holds
    that some limits on advancement rights may be placed in the bylaws,
    even when advancement is provided for in the certificate of
    incorporation. Note that the bylaw cannot be inconsistent with a
    certificate provision and must be in place when the director began his
    term of office for the period when his Posted on Wednesday, February 3, 2010 at 5:15 pm
  • Feb 03

    Court Of Chancery Affirms Busines ...

    Court Of Chancery Affirms Business Judgment
    Rule Applies In Bet The Company Case
    In re The Dow Chemical Company Derivative Litigation, C.A. 4319-CC
    (January 11, 2010) In an era when "too big to fail" seems to be an
    accepted reason to do the extraordinary, in this case the plainitffs
    tried to argue that a 'bet-the-company" deal requires a board to be
    right or be held for the consequences. The Court soundly rejects that
    argument and held the business judgment rule protects the board from
    second guessing in even the biggest deals. This decision is also an
    excellent summary of the law Posted on Wednesday, February 3, 2010 at 5:15 pm
Rank This Ths Week: 406

DRI

DRI

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

http://192.168.2.12/
  • Feb 04

    Pennsylvania Supreme Court leaves ...

    Pennsylvania Supreme Court leaves
    Attorney-Client Privilege in Limbo
    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
  • Feb 02

    Data Security Nightmare Exposes t ...

    Data Security Nightmare Exposes the
    Widespread Use of Trivial Passwords
    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
  • Jan 30

    Litigation Ping-Pong: Vanishing J ...

    Litigation Ping-Pong: Vanishing Jurisdiction
    Under the Class Action Fairness Act
    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
Rank This Ths Week: 441

Alabama Appellate Watch

Alabama Appellate Watch

Covers Alabama civil appellate issuesa and developments. By Lightfoot
Franklin & White LLC.

http://www.alabamaappellatewatch.com/
  • Feb 01

    Cases Released January 29, 2010

    Cases Released January 29, 2010
    From the Alabama Court of Civil Appeals: Yeager v. Winstead Barnes v.
    Alternative Capital Source, LLC Nelson v. Estate of Nelson
    Belcher-Robinson Foundry, LLC v. Narr Searle v. Vinson Nance v.
    Southerland Noll v. Noll G.P. v. Houston County Department of Human
    Resources Roberson v. C.P. Allen Construction Company, Inc., d/b/a ABC
    Cutting Contractors Johnson v. L.O. G.A. West & Company v. McGhee
    Complete List of Cases from the Alabama Court of Civil Appeals From
    the Alabama Supreme Court: Ex parte Posted on Monday, February 1, 2010 at 3:08 pm
  • Jan 29

    Recent Pronouncements Regarding A ...

    Recent Pronouncements Regarding Applicable
    Standards of Review
    The Alabama Supreme Court and the Alabama Court of Civil Appeals
    recently stated the standards of review applicable to contempt orders
    and orders granting permanent injunctions. In Hull v. Hull, released
    January 22, 2009 by the Alabama Court of Civil Appeals, the court
    reiterated the standard to be applied when reviewing a contempt
    judgment: The standard of review of a judgment of contempt is as
    follows: Whether a party is in contempt of court is a determination
    committed to the sound discretion of the Posted on Friday, January 29, 2010 at 11:45 am
  • Jan 26

    Dependency Adjudications Constitu ...

    Dependency Adjudications Constitute Final
    Appealable Judgments
    In M.H. v. W., No. 2080693 (Ala. Civ. App. Jan. 15, 2010), the Court
    of Civil Appeals reviewed the conditions under which a party may
    appeal from a dependency adjudication. Quoting P.P. v. Limestone
    County Dep't of Human Res., No. 2080544 (Ala. Civ. App. July 2,2009),
    the Court explained: "[a]lthough a juvenile court's orders in a
    dependency case are, in one sense, never 'final' because the court
    retains jurisdiction to modify its orders upon a showing of changed
    circumstances, this court has always treated Posted on Tuesday, January 26, 2010 at 8:19 am
Rank This Ths Week: 453

Angel Reyes Blog

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/
  • Feb 06

    2010 Minority Business Leader, Da ...

    2010 Minority Business Leader, Dallas
    Business Journal
    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
  • Jan 31

    Truckers Had Better Get The Message.

    Truckers Had Better Get The Message.
    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
  • Jan 28

    Major Recall on Strollers

    Major Recall on Strollers
    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
Rank This Ths Week: 456

Mark Wahlstrom's Settlement Channel

Mark Wahlstrom's Settlement Channel Blog

Offers news, commentary and educational content for settlement and
legal professionals By Mark Wahlstrom.

http://www.thesettlementchannel.com/the-settlement-channel-blog/
  • Jan 31

    Annuities get big boost by Obama ...

    Annuities get big boost by Obama
    Administration
    Reports in the NY Times, Wall Street Journal and Boston Globe this
    week drive home the message that the Obama administration has come to
    the conclusion that one of the easiest and most pragmatic ways to
    boost retirement savings and provide a more secure retirement income
    for American's is to encourage the use of annuities. For those of us
    in the annuity business, particularly those of us who work in
    structured settlement annuities or work with lawyers on their pension
    plans, this comes as welcome news but Posted on Sunday, January 31, 2010 at 11:34 pm
  • Jan 25

    Net yields on structured settleme ...

    Net yields on structured settlements are
    highly competitive
    In this weeks edition of Speaking of Settlements, Mark Wahlstrom, the
    President of Wahlstrom & Associates discusses the recent article
    in the Wall Street Journals Intelligent Investor column by Jason Zweig
    on the Net-Net-Net returns on most investments. I have discussed and
    linked to this article last week in another blog post, but the premise
    is that the vast majority of investors have exceptionally unrealistic
    expectations on what they can yield on most investments net of taxes,
    net of fees and Posted on Monday, January 25, 2010 at 6:43 pm
  • Jan 25

    IMO Arizona Shurwest Financial Group

    IMO Arizona Shurwest Financial Group
    Shurwest Financial Group takes the time to get to know you. We know
    your voice and learn the way you conduct your business. You can be
    confident that your support team will truly understand your business
    saving you both time and energy with your client proposals and during
    the application process. www.shurwest.com Posted on Monday, January 25, 2010 at 6:43 pm
Rank This Ths Week: 473

Court TVs Informer

Court TVs Informer

Criminal, odd and celebrity law news from CourtTV.

http://blog.courttv.com/informer/
  • Dec 25

    Sugar-Coated Squalor

    Sugar-Coated Squalor
    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
  • Dec 20

    Apologies to Clement Clarke Moore

    Apologies to Clement Clarke Moore
    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
Rank This Ths Week: 475

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Feb 09

    Pathology Expert Witness & St ...

    Pathology Expert Witness & Stanley Cole
    Trial
    The trial of Stanley Cole, who is accused of murdering his girlfriend,
    Jackson State University student Latasha Norman, is set to begin
    February 8 in the Circuit Court of Hinds County, Mississippi. The
    evidence against Stanley Cole at this point includes: (a) he confessed
    to murdering Natasha Norman; (b) he confessed to placing her in the
    trunk of his car; and (c) he went out on a date with another woman
    while Latasha Norman's corpse was in his trunk. There is DNA evidence
    that places Latasha Norman's blood Posted on Tuesday, February 9, 2010 at 4:08 am
  • Feb 09

    Patent Expert Witness On Selectin ...

    Patent Expert Witness On Selecting Patent
    Litigation Part 1
    In Product Experience or Expert Experience?, patents expert witness
    James G. Rice writes: Quite often when I receive an inquiry from an
    attorney about a new case, the case deals with a product or device
    that involves a very specialized and narrow area of design and
    engineering. A typical example of such a device would be a vacuum
    cleaner. The attorney will state that they are looking for an expert
    who has specifically worked in this specific segment of industry in
    the design and engineering of vacuum Posted on Tuesday, February 9, 2010 at 4:08 am
  • Feb 06

    Insurance Practices Expert Witnes ...

    Insurance Practices Expert Witness On
    Underwriting
    In All Should Use Greater Care Handling Underwriting Information,
    insurance practices expert witness Akos Swierkiewicz writes: One of
    the tenets of insurance law is that parties to an insurance policy are
    expected to deal with each other in utmost good faith. Applicants for
    insurance or their brokers must disclose all relevant underwriting
    information fully and accurately to prospective insurers. If the
    application contains any misrepresentation or omits information that
    could affect the underwriting Posted on Saturday, February 6, 2010 at 6:21 pm
Rank This Ths Week: 484

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
  • Jan 31

    Securities and Exchange Commissio ...

    Securities and Exchange Commission Issues
    Interpretive Guidance for Reporting Risks Due
    to Climate Change
    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
  • Jan 28

    Office of Conservation Proposes R ...

    Office of Conservation Proposes Rules for
    Groundwater Evaluation and Remediation at
    Exploration and Production Sites
    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
  • Jan 28

    Cash Donations for Haiti Relief M ...

    Cash Donations for Haiti Relief Made Before
    March 2010 May Be Deducted on 2009 Income Tax
    Returns
    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
Rank This Ths Week: 500

Deliberations

Deliberations

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

http://jurylaw.typepad.com/deliberations/
  • Nov 23

    An End And A Beginning

    An End And A Beginning
    I have news. In January I will start a new job -- and a new
    professional chapter -- as executive director of the Wisconsin Humane
    Society. It's hard to express what an honor this is, and what a
    responsibility. WHS is the largest animal welfare organization in
    Wisconsin and one of the oldest and most respected in the country,
    with a 130-year history of care and advocacy. For the last 15
    years, it was led by Victoria Wellens, who earned the love of her
    staff and a deserved national reputation before she Posted on Monday, November 23, 2009 at 5:49 am
  • Dec 06

    An End And A Beginning

    An End And A Beginning
    I have news. In January I will start a new job -- and a new
    professional chapter -- as executive director of the Wisconsin Humane
    Society. It's hard to express what an honor this is, and what a
    responsibility. WHS is the largest animal welfare organization in
    Wisconsin and one of the oldest and most respected in the country,
    with a 130-year history of care and advocacy. For the last 15 years,
    it was led by Victoria Wellens, who earned the love of her staff and a
    deserved national reputation before she Posted on Sunday, December 6, 2009 at 11:00 am
  • Oct 28

    Unforgettable Juror Art

    Unforgettable Juror Art
    Deliberations collects juror art, as you may know -- drawings and
    photographs made by real people on jury duty, gathered in what we
    cheerfully call the "American Gallery of Juror Art." The collection is
    meant to show both the light side of jury duty and also the
    often-missed depth and talent of many jurors. Much of the work is
    extraordinary. A story like this, though, can't just go in the
    collection. You have to read the whole thing, but the short version is
    that artist Alberto Araoz, a 64-year-old Cuban Posted on Wednesday, October 28, 2009 at 2:51 pm
Rank This Ths Week: 503

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/
  • Feb 09

    Asset Search News Roundup: Februa ...

    Asset Search News Roundup: February 7, 2010
    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
  • Feb 07

    New Jersey Lawsuit Involving Form ...

    New Jersey Lawsuit Involving Former Premier
    Misick Settles
    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
  • Feb 04

    Customer Identification At UBS AG ...

    Customer Identification At UBS AG And Some
    Other Banks
    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
Rank This Ths Week: 512

Day on Torts

Day on Torts

Covers issues relating to tort law, regulations, and trials. Published
by John A. Day of Day & Blair.

http://www.dayontorts.com/
  • Feb 05

    The Ref is a Jerk! Can I Sue?

    The Ref is a Jerk! Can I Sue?
    My daughter was hurt in a soccer game because the ref refused to reign
    in a reckless player on the opposing team. Can I sue? My son is
    devastated because he was improperly called out on strikes by a blind
    umpire. Can I sue? Setting aside the merits of these complaints, or
    the wisdom of pursing such a claim, Tennessee law gives a relatively
    high level of immunity to sports officials. Under T. C. A. Section
    62-50-201, a "'sports official' means any person who serves as
    referee, umpire, linesperson or in any Posted on Friday, February 5, 2010 at 9:21 am
  • Feb 05

    Tennessee Nursing Homes - 5th Wor ...

    Tennessee Nursing Homes - 5th Worst in United
    States
    Tennessee's nursing homes rank the 5th worst in the United States,
    according to an analysis done by the Tennessean. The February 3, 2010
    article points out that [a]bout 15,000 nursing homes nationwide got
    ratings of one to five stars, with five being the best, from the U.S.
    Centers for Medicare and Medicaid Services. The ratings are based on
    inspections, complaint investigations, staffing levels and other
    nursing home survey data collected in 2008 and 2009. More than 60
    percent of Tennessee's 319 nursing Posted on Friday, February 5, 2010 at 9:21 am
  • Feb 02

    Ice, Snow and Premises Liability ...

    Ice, Snow and Premises Liability in Tennessee
    Tennesseans are clearing the grocery stores of bread, milk and other
    essentials as the National Weather Service informs us that snow will
    cover the state. The threat of bad weather gives us the opportunity to
    review the law of Tennessee concerning the liability of possessors of
    land concerning ice and snow. Here is a nice summary of that law from
    Bowman v. State: Dangerous conditions caused by the natural
    accumulation of snow and ice are considered to be among the 'normal
    hazards of life.' Grizzell v. Foxx, Posted on Tuesday, February 2, 2010 at 3:41 pm
Rank This Ths Week: 560

Construction Litigation Law Blog

Construction Litigation Law Blog

Covers cmmunity associations, EIFS, construction litigation and
construction news. By the Construction Litigation Group of Stark &
Stark.

http://blog.njeifs.com/
  • Dec 22

    Corrosion Linked To Chinese Drywall

    Corrosion Linked To Chinese Drywall
    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
  • Dec 22

    Stark & Stark's New Website

    Stark & Stark's New Website
    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
  • Dec 22

    Stark & Stark Joins HADD to U ...

    Stark & Stark Joins HADD to Urge New
    Jersey Supreme Court to Uphold Homeowner Tort
    Remedies Against Manufacturers of Defective
    Building Components
    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
Rank This Ths Week: 615

Civil Procedure Prof Blog

Civil Procedure Prof Blog

By Professors W. Jeremy Counseller and Rory Ryan.

http://lawprofessors.typepad.com/civpro/
  • Feb 09

    Twombly/Iqbal Stats from the Fede ...

    Twombly/Iqbal Stats from the Federal Judicial
    Center
    This is a report from the Federal Judicial Center of data concerning
    motions to dismiss in the months before and after both Twombly and
    Iqbal. The data are subject to some important limitations, such as the
    fact that it does... Posted on Tuesday, February 9, 2010 at 10:29 am
  • Feb 09

    Class actions against Toyota begin

    Class actions against Toyota begin
    The National Law Journal reports on the several class actions that
    have been brought against Toyota in the wake of the gas pedal problems
    and recalls. The lawsuits are consumer class actions that seek damages
    for economic losses stemming from... Posted on Tuesday, February 9, 2010 at 10:29 am
  • Feb 09

    Caponi on Class Actions in Italy

    Caponi on Class Actions in Italy
    Professor Dr. Remo Caponi (Dipartimento di diritto privato e
    processuale) has posted "Class Actions in the Italian Legal System" on
    SSRN. The abstract states: This paper focuses on the key choices of
    the recent Italian legislation on collective redress actions... Posted on Tuesday, February 9, 2010 at 10:29 am
Rank This Ths Week: 619

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
  • Feb 03

    Real legal research on your iPhone

    Real legal research on your iPhone
    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
  • Jan 29

    The "underground body of law" - t ...

    The "underground body of law" - the influence
    of unpublished opinions
    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
  • Jan 23

    Supreme Court denies review in Bu ...

    Supreme Court denies review in Burlage v.
    Superior Court
    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
Rank This Ths Week: 631

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Feb 07

    Admitting A Foreign Judgment Of C ...

    Admitting A Foreign Judgment Of Conviction
    Under FRE 803(22)
    Nicaragua_orthographic_projection).svg_.png In civil forfeiture
    action, foreign judgment of conviction, the fact of the conviction and
    sentence were admissible under FRE 803(22) but the underlying facts
    could not be considered, in United States v. $125,938.62 Proceeds of
    Certificates of Deposit Number 1271734730, $60,851.73 Number
    1271736329, et al., 537 F. 3d 1287, 1292 (11th Cir. 2008) (No.
    07-10380) FRE 803 permits the evidence of a final criminal felony
    judgment to be admitted as an exception to the Posted on Sunday, February 7, 2010 at 8:43 am
  • Feb 04

    Party's Burden In Invoking The Ru ...

    Party's Burden In Invoking The Rule Of
    Completeness Under FRE 106
    law.book_.jpg In personal injury action, an occupational therapist
    report was inadmissible under FRE 106 where the adverse party failed
    to meet its burden to "specify the portion of the testimony that is
    relevant to the issue at trial and that qualifies or explains portions
    already admitted," in McCoy v. Augusta Fiberglass Coatings, Inc., _
    F.3d _ (No. 08-2818) Read more Posted on Thursday, February 4, 2010 at 9:36 pm
  • Feb 04

    In Admitting DVD Of Forensic Inte ...

    In Admitting DVD Of Forensic Interview,
    Findings Were Not Required For Each Residual
    Hearsay Factor Under FRE 807
    In aggravated sexual abuse of a child trial, 40-minute DVD recording
    of a forensic interview with the child victim was admissible under the
    residual hearsay exception; because the record established that the
    trial court considered the requisite factors for the residual hearsay
    exception, explicit findings were not required, in United States v.
    Smith, _ F.3d _ (No. 09-1036) The residual hearsay rule is considered
    the "catch-all" exception to the general rule against admitting
    hearsay. Before any statement Posted on Thursday, February 4, 2010 at 9:36 pm
Rank This Ths Week: 643

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Feb 05

    Minnesota Litigator Hiatus and Ma ...

    Minnesota Litigator Hiatus and Make-Over
    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
  • Feb 02

    Plaintiffs' Salvage Operation Fai ...

    Plaintiffs' Salvage Operation Fails...
    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
  • Feb 02

    LeMond v. Trek Settles

    LeMond v. Trek Settles
    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
Rank This Ths Week: 666

Ringler Radio - Legal Settlements

Ringler Radio - Legal Settlements

Internet radio show / Podcast hosted by the leaders in structured
settlements. From Ringler Associates and the Law Talk Network.

http://legaltalknetwork.com/podcasts/ringler-radio
  • Feb 04

    NSSTA's Initiatives for 2010

    NSSTA's Initiatives for 2010
    On this edition of Ringler Radio, host Larry Cohen welcomes Ringler
    colleague, Jim Early, Senior Vice President-Eastern Region out of New
    Hampshire and Dan Durbin, President of the National Structured
    Settlement Trade Association, to take a look at NSSTA's initiatives in
    the new year. They will discuss structured attorney fees, factoring
    and the special emphasis on educating plaintiffs about the security
    and value of structured settlements. Posted on Thursday, February 4, 2010 at 4:31 am
  • Jan 22

    The Dangers of Pesticides Used on ...

    The Dangers of Pesticides Used on Golf
    Courses
    The sport of golf serves not only as a social outing for many in the
    legal community, but also is a way to make business connections and to
    network with clients on the course. But what we don't often think
    about is some pesticides used on golf courses may be causing potential
    health and environmental hazards. On this edition of Ringler Radio,
    host Larry Cohen welcomes Jay Feldman, Executive Director of Beyond
    Pesticides, to take a look at the issues, the data and the goal to
    find a safer alternative for Posted on Friday, January 22, 2010 at 12:02 pm
  • Jan 05

    Health Care & Tort Reform

    Health Care & Tort Reform
    Health care reform was heavily debated over the past year and
    continues to be a huge issue going into the new year. In this edition
    of Ringler Radio, host Larry Cohen welcomes colleague, Don J. Engels,
    Jr., associate in the Chicago office and guest, Attorney Philip H.
    "Flip" Corboy, Jr., partner in the firm of Corboy & Demetrio, to
    take a look at Health care reform and how it affects lawyers,
    legislation and the legal community. Larry, Don and Phillip will
    discuss healthcare costs, medmal caps and the Posted on Tuesday, January 5, 2010 at 2:36 am
Rank This Ths Week: 683

Discovery Resources

Discovery Resources

Electronic Discovery (E-Discovery) Resources, News & Information

http://www.discoveryresources.org
  • Feb 06

    LTNY Day 3: Video Perspective of ...

    LTNY Day 3: Video Perspective of e-Discovery
    & Partnership Trends
    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
  • Feb 05

    Regulators Set Own Limits on E-Di ...

    Regulators Set Own Limits on E-Discovery
    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
  • Feb 04

    The Posse List interviews Mary Ma ...

    The Posse List interviews Mary Mack and
    Dennis Kiker on collaborative e-discovery
    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
Rank This Ths Week: 710

Class Action Blog

Class Action Blog

Covers class action litigation in the Southeast and class action
arbitrations nationally. By Carlton Fields.

http://www.carltonfields.com/classactionblog/blog.aspx
  • Feb 01

    Classified News: January 31, 2010

    Classified News: January 31, 2010
    Staples, Inc. will pay $42 million to settle a dozen class action
    lawsuits where the plaintiffs claimed that the company misclassified
    its assistant store managers as exempt from overtime to avoid paying
    extra wages. The settlement resolves claims dating back to 2002. Posted on Monday, February 1, 2010 at 10:19 am
  • Jan 26

    Classified News: January 23, 2010

    Classified News: January 23, 2010
    A group of seventeen major networks and production studios, as well as
    talent agencies, settled a class action lawsuit filed against them by
    television writers alleging that the companies discriminated against
    the writers due to their age. An Xbox user filed a class action
    lawsuit against Microsoft alleging that Microsoft wrongfully failed to
    provide the goods and services he paid for with "Microsoft Points,"
    which allow Xbox users to purchase games and other downloadable media
    from the Xbox Live Posted on Tuesday, January 26, 2010 at 4:21 am
  • Jan 20

    Classified News: January 13, 2010

    Classified News: January 13, 2010
    A class action lawsuit has been filed by AT&T customers who use
    iPhones, Blackberrys, and Smart Phones to access the internet. The
    plaintiffs claim that they are being taxed illegally and should
    receive millions of dollars in refunds. The federal Internet Tax
    Freedom Act prevents state and local governments from imposing taxes
    on those who use their phones to surf the web. The plaintiffs allege
    that thousands of Floridians have been improperly billed. Aurora
    Health Care, a Wisconsin healthcare provider, Posted on Wednesday, January 20, 2010 at 2:13 pm
Rank This Ths Week: 760

Insurance Defense Blog

Insurance Defense Blog

Focuses on civil litigation defense. By Dave Stratton.

http://www.insurancedefenseblog.net
  • Feb 08

    3 Federal Deposit Insurance Co Pr ...

    3 Federal Deposit Insurance Co Printing
    Blocks- FDIC!!
    Click here for more on 3 Federal Deposit Insurance Co Printing Blocks-
    FDIC!! 3 Federal Deposit Insurance Co Printing Blocks- FDIC!! Up for
    auction are 3, Federal Deposit Insurance Corporation Printing Blocks.
    These blocks are the tradition Federal Deposit Insurance's Symbol. In
    the middle of all 3 it says "10,000 Maximum Insurance for each
    depositor." They are in good condition. They measure (1-1/4" X 3/4"),
    (3/4" X 3/4"), and (2-1/2" /X 1-1/2"). It would be a great piece for a
    collector of printing blocks Posted on Monday, February 8, 2010 at 7:17 pm
  • Feb 08

    Telephone Message Pads - Allstate ...

    Telephone Message Pads - Allstate Insurance
    Logo - New
    Click here for more on Telephone Message Pads - Allstate Insurance
    Logo - New Brand new Telephone message pads with Allstate Logo. There
    is 5 Pads of 100 notes in each bundle, and you are bidding on 3
    bundles. They are 5 1/2″ long and 4 1/2″ wide. Some of the
    information to be marked on these messages notes are: Time, Date, and
    Initials on top. Then For, Caller, Company, and Phone in the middle
    section. Then there are 7 lines for the message. At the bottom are to
    check off: Returned your call, Please call, Posted on Monday, February 8, 2010 at 7:17 pm
  • Feb 08

    Old Letterpress Printers Block, A ...

    Old Letterpress Printers Block, AMERICAN Life
    INSURANCE
    Click here for more on Old Letterpress Printers Block, AMERICAN Life
    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
Rank This Ths Week: 823

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/
  • Feb 06

    Knowing The Details

    Knowing The Details
    Courts can be skeptical about statements from confidential witnesses.
    One way to express that skepticism is to wonder why, if the witness
    knows so much about what went on at the company, he or she is unable
    to provide details... Posted on Saturday, February 6, 2010 at 4:11 pm
  • Feb 01

    Vivendi Verdict

    Vivendi Verdict
    The big news today is the plaintiffs' victory in the Vivendi trial. A
    few key points about the verdict have already emerged: (1) The jury
    agreed with the plaintiffs that Vivendi made 57 false or misleading
    statements concerning its financial... Posted on Monday, February 1, 2010 at 12:17 am
  • Jan 22

    NAB Developments

    NAB Developments
    A couple of items related to the National Australia Bank case. The
    case is pending before the U.S. Supreme Court and concerns the
    extraterritorial application of the antifraud provisions of the
    federal securities laws. Oral argument has been scheduled for... Posted on Friday, January 22, 2010 at 11:52 am
Rank This Ths Week: 832

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/
  • Jan 04

    Structured Settlements in 2010 - 1

    Structured Settlements in 2010 - 1
    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
  • Dec 22

    NASP 2009 Annual Meeting - 3

    NASP 2009 Annual Meeting - 3
    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
  • Dec 22

    Spencer v. Hartford - 4

    Spencer v. Hartford - 4
    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
Rank This Ths Week: 842

shlep: the Self-Help Law ExPress

shlep: the Self-Help Law ExPress

News, views and information on self-help law and pro se litigation.

http://blogs.law.harvard.edu/shlep
  • Jan 08

    Orlando Sentinel article about Do ...

    Orlando Sentinel article about Do-it-yourself
    Divorce
    Article offers some guidance for Floridians seeking to handle their
    own divorce. But as the economy has plunged into recession, lawyers
    aren't seeing as many clients. Conversely, the number of people
    representing themselves in divorce cases - instead of hiring a lawyer
    - has climbed steadily since 2005. But how do you navigate the court
    system and get a divorce? Here are some options. Why? Probably because
    it's cheaper. In 2005, in 59.9 percent of all divorce cases in Orange
    County, people represented Posted on Friday, January 8, 2010 at 5:05 am
  • Jan 08

    Indianapolis law library closes b ...

    Indianapolis law library closes but self-help
    center remains open
    Librarian Zoya Golban turned off the lights and locked the doors
    Wednesday at the Marion County Law Library for the last time. The cozy
    repository for legal materials and publicly accessible computers on
    the third floor of the City-County Building will permanently close
    this year because of city budget cuts. But the library's closing,
    court officials say, won't be the end of the help the center provided
    to the roughly 3,000 Marion County residents who represent themselves
    in civil cases each year. Go here Posted on Friday, January 8, 2010 at 5:05 am
  • Jan 08

    New York Times op/ed piece about ...

    New York Times op/ed piece about self-help
    representation
    Two state judges opine about the state of accessibility to the legal
    system. As the economy has worsened, the ranks of the self-represented
    poor have expanded. In a recent informal study conducted by the
    Self-Represented Litigation Network, about half the judges who
    responded reported a greater number of pro se litigants as a result of
    the economic crisis. Unrepresented litigants now also include many in
    the middle class and small-business owners who unexpectedly find
    themselves in distress and without Posted on Friday, January 8, 2010 at 5:05 am
Rank This Ths Week: 852

New York Civil Law

New York Civil Law

A forum for New York Appellate Law, Civil Procedure, Insurance
Coverage and Defense. By Matthew Lerner.

http://nylaw.typepad.com/new_york_civil_law/
  • Feb 03

    Super Lawyers Nomination

    Super Lawyers Nomination
    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
  • Feb 03

    New York Court of Appeals Will He ...

    New York Court of Appeals Will Hear Oral
    Arguments on Whether to Extend Primary
    Assumption of Risk
    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
  • Jan 25

    Landlord Possibly Liable for Tena ...

    Landlord Possibly Liable for Tenant's Dog Who
    Bit Plaintiff's Child Off the Landlord's
    Property
    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
Rank This Ths Week: 866

Illinois Appellate Lawyer Blog

Illinois Appellate Lawyer Blog

Covers the appellate record, constitutional analysis, jurisdiction,
mootness, rehearings and the standard of review. By Steven R. Merican.

http://www.illinoisappellatelawyerblog.com/
  • Jan 25

    Husband's Directed Finding In Pos ...

    Husband's Directed Finding In
    Post-Dissolution Fraud Case Reviewed By
    Manifest Weight Standard
    Clara George Minch and Ronald George were divorced in 1982. In 2003,
    Clara learned that Ronald had sold his interest in a company that
    owned Florida real estate for more than $950,000. She sued George for
    fraud, asserting that during the divorce proceedings he misrepresented
    his interest in the stock. After Clara presented her case, the trial
    court directed a verdict for George. The trial court ruled that Clara
    did not prove fraud and thus failed to meet her burden of proof. Clara
    appealed, and the parties Posted on Monday, January 25, 2010 at 6:26 pm
  • Jan 22

    Jurisdiction Okay Despite Candida ...

    Jurisdiction Okay Despite Candidate's Appeal
    Under Wrong Rule
    Mary Ann Aiello passed away with more than 29 months left in her term
    on the Winnebago, Illinois County Board. Theodore Biondo was appointed
    to fill the vacancy. By the time Biondo's appointment went through
    there was less than 28 months left in Aiello's term. Under the
    Illinois Election Code, a person appointed to fill a vacancy completes
    the term if less than 28 months remain. If more than 28 months remain
    in the term, then the person appointed stays in office only until the
    next election. The next Posted on Friday, January 22, 2010 at 5:19 pm
  • Jan 08

    Appellate Court Defines Obiter An ...

    Appellate Court Defines Obiter And Judicial
    Dictum, And Affirms Auto Insurer's Summary
    Judgment
    Alex Pajic was injured while driving a truck for his employer. Alex
    contended that another vehicle caused the accident, but left the scene
    and never was identified. Alex's lawsuit against his employer's
    insurer, Old Republic Insurance, asked for reformation of the
    underinsured and the uninsured motorist coverages, and for an award of
    the limits of those coverages. Alex complained that, contrary to the
    Illinois Insurance Code, Old Republic did not make a "meaningful
    offer" of the coverages to the employer. Posted on Friday, January 8, 2010 at 10:49 am
Rank This Ths Week: 867

ICT for Peacebuilding

ICT for Peacebuilding

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

http://ict4peace.wordpress.com
  • Feb 08

    Social & new media tactics: G ...

    Social & new media tactics: Generating
    and curating provincial news
    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
  • Feb 03

    Social Media in Haiti provides cr ...

    Social Media in Haiti provides critical
    information on Haiti's need
    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
  • Feb 03

    Information and Technology for so ...

    Information and Technology for
    socio-political Change
    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
Rank This Ths Week: 873

New York Probate & Estate

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Dec 22

    Brooke Astor's Son Sentenced To P ...

    Brooke Astor's Son Sentenced To Prison
    In a special bulletin, the New York Times has just reported that
    Anthony D Marshall, son of the late socialite Brooke Astor has been
    sentenced to prison by a New York State Supreme Court Justice.
    Marshall was sentenced to one to three years in state prison by
    Justice A. Kirke Bartley Jr. after being convicted of stealing
    millions from his mother while she was alive. The case drew national
    attention first when it came to light that Marshall had kept his
    mother as a virtual prisoner, left to wallow in her own Posted on Tuesday, December 22, 2009 at 10:06 pm
  • Oct 28

    New Bills To Restore The Estate T ...

    New Bills To Restore The Estate Tax In The
    Congressional Hopper
    As reported today by fellow lawblogger Karen Meckstroth in her Bay
    Area Wills, Trusts And Probate Report Blog two Representatives have
    filed different bills to amend the Internal Revenue Code and to
    restore the estate tax which would otherwise terminate for one year in
    2010. The bills proposed by Rep. Berkley (D.NY) and Rep. Schrader
    (D-OR) may each be viewed by clicking on the link provided by Ms.
    Meckstroth in her article. Both provide for an increase in the basic
    estate tax exemption to 5 million Posted on Wednesday, October 28, 2009 at 4:11 pm
  • Oct 20

    Martin Luther King Estate Is Fina ...

    Martin Luther King Estate Is Finally Settled
    More than forty years after the death of Martin Luther King Jr., his
    children have resolved a bitter dispute over his multi million dollar
    estate. As reported by Bruce Carton in an article posted on Legal Blog
    Watch today, the lawsuits and countersuits stemming from charges of
    misuse of estate funds and seeking control over various assets have
    been settled, the family seeking to move on and preserve the legacy of
    their late father. An interesting sidelight of the story is that the
    estate retains a legal Posted on Tuesday, October 20, 2009 at 3:19 pm
Rank This Ths Week: 878

EvidenceProf Blog

EvidenceProf Blog

By Professor Colin Miller.

http://lawprofessors.typepad.com/evidenceprof/
  • Feb 07

    Open Content: Court Of Appeals Of ...

    Open Content: Court Of Appeals Of North
    Carolina Seemingly Misconstrues Best Evidence
    Rule In Child Abuse Appeal
    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
  • Feb 02

    Program on Understanding Law, Sci ...

    Program on Understanding Law, Sciene &
    Evidence (PULSE) Symposium @ UCLA School of
    Law, February 18, 2010, 9:00 a.m.-6:00 p.m.
    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
  • Feb 02

    Reasonable Doubt: Seventh Circuit ...

    Reasonable Doubt: Seventh Circuit Finds That
    Data Disclosure Was Reasonable For Rule 1006
    Purposes
    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
Rank This Ths Week: 904

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Feb 05

    Jury Reform Measures Not Always I ...

    Jury Reform Measures Not Always Implemented
    This article highlights the fact that while jury reform measures have
    been on the books for some time in the state of Wisconsin many judges
    and attorneys, especially those with significant seniority have been
    hesitant to implement them. Juror Innovations Uncommon in Wisconsin
    Courtrooms Jurors in Wisconsin have technically been able to take
    notes and ask questions during civil trials for years. But the actual
    use of these jury reforms is often "hit or miss," said Scott W.
    Hansen, chair of the Litigation Posted on Friday, February 5, 2010 at 2:58 am
  • Feb 05

    One More Thing to Check (Juror Ci ...

    One More Thing to Check (Juror Citizenship)
    Sometimes with all the talk about checking a juror's Facebook page or
    searching her digital trail, little things like whether the juror is
    eligible to serve are forgotten. Here is one defense attorney who
    remembered the little things. Upon discovering that a juror who
    convicted his client was a Canadian citizen, this defense attorney
    immediately moved to overturn his client's conviction. This issue has
    also arisen at the state level with residents of different states see
    e.g.,Chavers v. State, No. Posted on Friday, February 5, 2010 at 2:58 am
  • Feb 05

    Federal Courts Set Guidelines on ...

    Federal Courts Set Guidelines on Jurors Using
    Electronic Techonology
    International Business Times:US Courts move to ban jurors from using
    Twitter, mobile devices The Judicial Conference Committee on Court
    Administration and Case Management for the United States District
    Courts said it developed instructions that would be issued by judges,
    "to address the increasing incidence of juror use of such devices as
    cellular telephones or computers to conduct research on the Internet
    or communicate with others about cases..." to continue reading go
    here. Posted on Friday, February 5, 2010 at 2:58 am
Rank This Ths Week: 947

the complex litigator

the complex litigator

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

http://www.thecomplexlitigator.com/post-data/
  • Feb 04

    California Supreme Court activity ...

    California Supreme Court activity for the
    week of February 1, 2010
    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
  • Jan 29

    Ninth Circuit holds that the High ...

    Ninth Circuit holds that the Higher Education
    Act (HEA), and its Federal Family Education
    Loan Program (FFELP), preempt state law
    claims for unfair billing practices
    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
  • Jan 29

    Court of Appeal reverses trial co ...

    Court of Appeal reverses trial court order
    sustaining demurrer to class allegations for
    lack of commonality
    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
Rank This Ths Week: 948

South Carolina Appellate Law Blog

South Carolina Appellate Law Blog

Follows the opinions of the South Carolina appellate courts, the
Fourth Circuit, and the United States Supreme Court. By Womble
Carlyle.

http://southcarolinaappellatelaw.blogspot.com/
  • Dec 13

    Closing Out

    Closing Out
    Well, I have left private practice and have taken a job with the US
    Attorney's Office. In light of my career change, this blog is shutting
    down. Thanks to everyone who dropped by for the latest SC legal news.
    Merry Christmas. Posted on Saturday, December 13, 2008 at 1:02 pm
  • Dec 01

    Constitutional issues with Clinto ...

    Constitutional issues with Clinton
    appointment???
    "No Senator or Representative shall, during the Time for which he was
    elected, be appointed to any civil Office under the Authority of the
    United States which shall have been created, or the Emoluments whereof
    shall have been increased during such time; and no Person holding any
    Office under the United States, shall be a Member of either House
    during his Continuance in Office." Clinton was in the Senate when a
    pay increase passed for Secretary of State. Thus, under this clause,
    she is not eligible for the Posted on Monday, December 1, 2008 at 1:24 pm
  • Nov 19

    Who will Obama appoint to SCOTUS?

    Who will Obama appoint to SCOTUS?
    The LA Times has this article. The top three are: Judges Diane Wood,
    58, of the U.S. appeals court in Chicago; Judge Sonia Sotomayor, 54,
    of the U.S. appeals court in New York; and Elena Kagan, 48, dean of
    Harvard Law School. Posted on Wednesday, November 19, 2008 at 7:06 pm
Rank This Ths Week: 962

The Legal Underground Podcast

The Legal Underground Podcast

Podcast of legal news, politics, and whimsy from Evan Schaeffer's
Legal Underground, where lawyers are rarely taken as seriously as
they'd like.

http://www.legalunderground.com
  • Feb 23

    The Legal Underground's Law-Relat ...

    The Legal Underground's Law-Related Things
    That Suck for January 27, 2005
    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
  • Jan 07

    Legal Underground #51: Advanced D ...

    Legal Underground #51: Advanced Deposition
    Techniques, Part 3
    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
  • Jan 07

    Legal Underground #51: Advanced D ...

    Legal Underground #51: Advanced Deposition
    Techniques, Part 3
    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
Rank This Ths Week: 971

Federal Criminal Lawyer Blog

Federal Criminal Lawyer Blog

Covers legal topics such as appeals, drug crimes, internet crimes,
white collar crime, and federal criminal trials. By Kish & Lietz.

http://www.georgiafederalcriminallawyerblog.com/
  • Feb 04

    Briscoe v. Virginia: Federal Supr ...

    Briscoe v. Virginia: Federal Supreme Court
    Upholds Recent Opinion Regarding Testimony By
    Forensic Analysts in Criminal Trials
    Last week the Supreme Court vacated and remanded Briscoe v. Virginia
    for proceedings consistent with the decision in Melendez-Diaz v.
    Massachusetts. We discussed Melendez-Diaz last summer in this post. In
    Melendez-Diaz, the Supreme Court held that crime lab reports are
    testimonial statements covered by the Confrontation Clause of the
    Sixth Amendment. For such reports to be admissible, the forensic
    analysts must testify as witnesses in criminal trials, both federal
    and state. Shortly after that decision, the Posted on Thursday, February 4, 2010 at 2:50 pm
  • Jan 29

    Supreme Court Grants Certiorari i ...

    Supreme Court Grants Certiorari in § 924(c)
    Cases Regarding Mandatory Minimums in Federal
    Criminal Firearms Cases
    This week, the Supreme Court agreed to hear Abbott v. U.S. and Gould
    v. U.S. These criminal cases involve a deep circuit split among the
    federal courts that we addressed in this post in September, when the
    11th Circuit decided U.S. v. Segarra. The Armed Career Criminal Act
    (ACCA), drug laws, and the gun statute 18 U.S.C. § 924(c) each carry
    heavy mandatory minimum sentences. The ACCA and drug minimums are
    often longer than the minimum called for by § 924(c). § 924(c)
    contains a prefatory clause, called the Posted on Friday, January 29, 2010 at 10:51 am
  • Jan 26

    Eleventh Circuit Court of Appeals ...

    Eleventh Circuit Court of Appeals Avoids Rule
    of Specialty in Federal Criminal Extradition
    Case… Again
    Last week, the Eleventh Circuit Court of Appeals, which sits here in
    Atlanta, Georgia, decided U.S. v. Marquez, a federal criminal RICO
    case involving two extradition rules, the rule of specialty and the
    rule of dual criminality. The Court held that those rules concern the
    court's personal jurisdiction over the defendant, rather than subject
    matter jurisdiction. Because personal jurisdiction is subject to
    waiver, the Court held that Marquez waived the protections provided by
    the rules by failing to timely Posted on Tuesday, January 26, 2010 at 7:31 am
Rank This Ths Week: 986

South Carolina Trial Law Blog

South Carolina Trial Law Blog

Covers trial techniques, including decision making, exhibits, medical
information, presentation settlement, themes and arguments. By David
Swanner.

http://www.sctriallaw.com/
  • Jan 28

    Know When to Buy Your Mac, iPod o ...

    Know When to Buy Your Mac, iPod or iPhone
    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
  • Dec 02

    Insured Medical Bills vs. Uninsur ...

    Insured Medical Bills vs. Uninsured Medical
    Bills
    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
  • Dec 02

    Adjuster Law: But Your Guy Didn't Die

    Adjuster Law: But Your Guy Didn't Die
    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
Rank This Ths Week: 997

Wines and Information Management

Wines and Information Management (WIM)

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

http://dominicjaar.blogspot.com/
  • May 29

    WIM migrates to Ledjit

    WIM migrates to Ledjit
    To access Ledjit's blog, click here: Version française: Posted on Friday, May 29, 2009 at 7:47 am
  • Dec 25

    Joyeux Noel àtous!

    Joyeux Noel àtous!
    Merry Christmas to everyone! Dj) Dominic Jaar Conseiller Juridique /
    Legal Counsel Conseils Ledjit / Ledjit Consulting T. 514.212.9348 F.
    866.606.6590 W. www.ledjit.com Un Pont entre le Droit et les TI
    Bridging the Gap between IT and the Law Posted on Thursday, December 25, 2008 at 4:39 am
  • Nov 17

    Nouveautés au CAIJ : Dévelo ...

    Nouveautés au CAIJ :
    Développements récents et fils
    RSS
    13 novembre 2008 Les Développements récents du Barreau du Québec
    sont dorénavant accessibles en ligne et sans frais sur le site
    Internet du CAIJ : www.caij.qc.ca Vous pouvez dès maintenant en
    consulter les textes intégraux � partir des outils de recherche de
    la Suite JuriBistroMD du CAIJ. Cet ajout confirme la mission du CAIJ
    de favoriser l'accès � l'information juridique pour tous les
    membres de la profession au Québec. <<a Posted on Monday, November 17, 2008 at 8:50 pm
Rank This Ths Week: 1,006

The Legal Costs Blog

The Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Feb 05

    Specialist costs counsel

    Specialist costs counsel
    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
  • Feb 05

    Business Environment Bow Lane Ltd ...

    Business Environment Bow Lane Ltd v Deanwater
    Estates Ltd
    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
  • Feb 02

    Dr Friston's Civil Costs - A shor ...

    Dr Friston's Civil Costs - A short teaser
    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
Rank This Ths Week: 1,028

Consumer Goods & Retail

Consumer Goods & Retail Industry
Litigation Blog

Covers litigation-related issues concerning consumer packaged goods
manufacturers, retailers, advertisers, consumers and attorneys. By
Daniel Low.

http://cpg-retail-litigation.kotchen.com/
  • Feb 01

    Valassis Accepts $500 Million Set ...

    Valassis Accepts $500 Million Settlement from
    News America
    A few days before Valassis' federal trial against News America
    Marketing was scheduled to begin, Valassis announced that it has
    accepted a $500 million settlement to resolve not only the federal
    case, but also the pending California state court case, and the
    Michigan case where a $300 million jury verdict is on appeal. In
    addition to the monetary payment, the settlement provides that the
    judge will issue a permanent injunction preventing News America from
    engaging in certain of the business practices at Posted on Monday, February 1, 2010 at 9:57 pm
  • Jan 29

    Conference on Consumer Goods, Ret ...

    Conference on Consumer Goods, Retail, and
    Antitrust
    The Global Competition Review is sponsoring a conference on
    "Competition Law, Consumer Goods and Retail," to be held in London on
    March 23, 2010. According to GCR's conference web site: The focus of
    competition regulators on the supply chain and retailing of fast
    moving consumer goods continues to grow. More enforcement activity at
    EU and national level is expected. This conference will examine the
    key areas of concern. Information flows - the dangers:
    supplier/retailer contacts; 'hub and spoke' cartels; Posted on Friday, January 29, 2010 at 7:02 pm
  • Jan 20

    Kotchen & Low LLP Appointed C ...

    Kotchen & Low LLP Appointed Co-Lead
    Interim Class Counsel in Wholesale Grocery
    Antitrust Litigation
    On December 15, 2009 Judge Ann Montgomery of the U.S. District Court
    for the District of Minnesota appointed Kotchen & Low LLP as
    Co-Lead Interim Class Counsel in In re Wholesale Grocery Products
    Antitrust Litigation, MDL 2090. Kotchen & Low LLP represents a
    proposed class of retail grocery stores that purchased wholesale
    grocery products from Defendants C&S Wholesale Grocers Inc. or
    Supervalu Inc. and allege that the two defendants engaged in a per se
    unlawful customer and territorial Posted on Wednesday, January 20, 2010 at 8:10 pm
Rank This Ths Week: 1,037

Greedy Trial Lawyer

Greedy Trial Lawyer

The philosophical ruminations of an experienced trial lawyer who knows
who he is and what he does and makes no apologies.

http://www.greedytriallawyer.com/
  • Sep 22

    test post

    test post
    testing Posted on Monday, September 22, 2008 at 5:15 pm
  • Oct 03

    Justice Clarence Thomas, Seething ...

    Justice Clarence Thomas, Seething Black
    Conservative Hero Tells Us How Bad It Has
    Been
    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
  • Oct 02

    Now Isiah Thomas Is In A Hostile ...

    Now Isiah Thomas Is In A Hostile Environment
    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
Rank This Ths Week: 1,043

Winning Trial Advocacy Techniques

Winning Trial Advocacy Techniques

Reveals the secrets for persuading jurors and winning more jury
trials. By Elliott Wilcox.

http://www.trialtheater.com/wordpress
  • Feb 06

    Closing Argument Conversations

    Closing Argument Conversations
    Recently I was helping a friend draft a cover letter. If you've ever
    spent much time reading resumes and cover letters, you know that most
    of them say something along the lines of, "Me! Me! Me! I'm awesome!
    I'm amazing! I'm the best!" But here's the problem… Employers don't
    care about you. They don't care how awesome you are, how smart you
    are, or how skilled you are. What they really care about is what you
    can do for them. They want to know if you can successfully handle the
    job, whether you can help make Posted on Saturday, February 6, 2010 at 4:57 pm
  • Feb 01

    What to do When You Don't Have a ...

    What to do When You Don't Have a Witness
    It's one of the worst feelings in the world… You've finished your
    re-direct examination, and the witness is stepping down from the
    witness stand to walk out of the courtroom. Then the judge turns to
    you and says, "Call your next witness." Your stomach tightens and your
    palms start to sweat as you realize: You don't have anyone waiting in
    the hall. Maybe your witness's testimony went faster than expected,
    maybe your opponent did a lousy job of cross-examination, or maybe
    your next witness got caught in Posted on Monday, February 1, 2010 at 12:59 am
  • Jan 22

    Cross-Examination Tips from Cheaters

    Cross-Examination Tips from Cheaters
    I've got a confession to make. It's embarrassing, but one of my guilty
    pleasure is to watch the reality TV show, Cheaters. Cheaters is one of
    those stupid TV shows that hooks you with the human drama and won't
    let you go, even though you're embarrassed to tell your friends that
    you watched it. Sure, it's trash TV, but it's also watched by nearly 2
    million people every week, especially 18-34 year olds, many of whom
    will get called to jury duty. And since good trial lawyers watch what
    their jurors watch and Posted on Friday, January 22, 2010 at 1:42 pm
Rank This Ths Week: 1,048

Appealing in Nevada

Appealing in Nevada

Covers appellate law practice in Nevada and before the Ninth Circuit
Court of Appeals. By Tami D. Cowden.

http://www.nevadaappellatelaw.com/
  • Feb 04

    Successive summary judgment motio ...

    Successive summary judgment motions OK in
    Nevada, too.
    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
  • Feb 04

    Parents cannot stipulate to nonmo ...

    Parents cannot stipulate to nonmodification
    of child support
    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
  • Jan 29

    7th Circuit holds federal jurisdi ...

    7th Circuit holds federal jurisdiction
    continues even if class not certified
    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
Rank This Ths Week: 1,050

Translation For Lawyers

Translation For Lawyers

Translation For Lawyers covers various topics related to language
translation, interpretation, and culture in the Legal Sytem. By All
Language Alliance, Inc.

http://www.translationforlawyers.com/
  • Feb 09

    Translation Services and Unregist ...

    Translation Services and Unregistered Foreign
    Copyrights in U.S. Courts
    We've blogged about intellectual property translation, legal online
    translation and language translations in the context of probative
    value of foreign language Web site evidence. In the case Elsevier B.V.
    v. United Healthgroup Inc., S.D.N.Y. Jan. 14 2010, the plaintiff
    claimed that the provision of the Copyright Act requiring copyrights
    to be registered prior to infringement violated the Berne Convention
    and thus were preempted by the US Constitution. The issue revolves
    around the fact that many foreign Posted on Tuesday, February 9, 2010 at 7:54 am
  • Feb 06

    Language Interpretation and Exper ...

    Language Interpretation and Expert Testimony
    in International Family Law Cases
    We've blogged about legal translation services and legal interpreters
    in the context of admissibility and exclusion of foreign language
    testimony and about translators and interpreters as expert witnesses
    in federal courts. Expert testimony is frequently needed in
    international family law cases, and such testimony is often secured in
    cases concerning international child abduction, particularly in cases
    in which one parent is seeking to prevent the other from having
    overseas visitation with the child or Posted on Saturday, February 6, 2010 at 10:19 pm
  • Feb 04

    Professional Translation and Esta ...

    Professional Translation and Estate Taxes in
    an International Setting
    Professional translation services are important not only in the
    context of foreign-language wills and probate, but also for estate
    planning in an international setting. One of the major concerns of
    many Americans living abroad is the lack of an Estate Tax Treaty
    between the US and their country of residence. The Economic Growth and
    Tax Relief Reconciliation Act of 2001 gradually reduced the top tax
    rates and raised estate tax exemption levels through 2009. As of
    January 1, 2010 the estate tax and the Posted on Thursday, February 4, 2010 at 10:57 am
Rank This Ths Week: 1,067

Electronic Discovery Blog

Electronic Discovery Blog

Covers electronic discovery, including cost shifting, meta data, and
spoliation. By W. Lawrence Wescott II.

http://www.electronicdiscoveryblog.com
  • Feb 01

    Producer's use of computer after ...

    Producer's use of computer after entry of an
    injunction prohibiting destruction of
    relevant data did not constitute spoliation
    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
  • Jan 22

    Requestor successfully rebuts cla ...

    Requestor successfully rebuts claim that data
    from archiving system is not reasonably
    accessible
    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
  • Jan 22

    Judge Scheindlin analyzes the law ...

    Judge Scheindlin analyzes the law of
    spoliation
    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
Rank This Ths Week: 1,087

Oregon Business Litigation

Oregon Business Litigation

The Oregon Business Litigation blog is a resource for in-house
counsel, business executives, human resource managers and others who
monitor litigation and legal issues affecting Oregon businesses. From
the litigation group in the Portland office of Ater

http://www.aterwynneblog.com/oregon_business_litigatio/
  • Feb 06

    Oregon Court of Appeals tackles d ...

    Oregon Court of Appeals tackles defamation
    claim against a clergy member
    Last week, the Oregon Court of Appeals addressed a First Amendment
    issue that had been untouched by both the United States Supreme Court
    and the Oregon courts. In Tubra v. The International Church of the
    Foursquare Gospel, the Oregon Court of Appeals determined that the
    First Amendment did not divest a lower court of jurisdiction to
    consider a defamation claim against a church pastor. Plaintiff was the
    interim pastor of Vernonia Foursquare Church. He was appointed by
    Pastors Cooke and Swor, the district Posted on Saturday, February 6, 2010 at 6:39 am
  • Feb 03

    It's time to update your leave po ...

    It's time to update your leave
    policies...again
    In 2009, there were a myriad of changes to both federal and Oregon
    laws applicable to leaves of absence. Employers that haven't done so
    already should be updating their leave policies to incorporate changes
    that are now in effect, including: Changes to FMLA that provide
    protected leave for a qualifying exigency or serious ilness or injury
    incurred or aggravated in the line of duty Changes in FMLA forms
    Changes to Oregon's Domestic Violence Leave that require employers to
    provide "safety accommodations" Posted on Wednesday, February 3, 2010 at 6:33 pm
  • Jan 25

    Washington domestic partnership l ...

    Washington domestic partnership law may
    complicate employee benefits
    Washington's domestic partnership law, which went into effect on
    December 3, 2009, provides that for all purposes, registered domestic
    partners must be treated the same as married spouses, unless doing so
    would conflict with state law. "Registered domestic partners" include
    same-sex domestic partners, and also opposite-sex domestic partners,
    provided one of them is at least 62 years old. For employers, this
    means that employment-related benefits must be extended to the
    registered domestic partners of Posted on Monday, January 25, 2010 at 5:09 am
Rank This Ths Week: 1,102

Bailey Class Action Daily

Bailey Class Action Daily

Covers class action issues, both in California and Nationwide. By Matt
C. Bailey.

http://www.baileydaily.com/
  • Feb 05

    Los Angeles Superior Court Judge ...

    Los Angeles Superior Court Judge Censured for
    Order Directing Payment of Class Counsel's
    Fees by Way of "Gift Cards"
    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
  • Feb 05

    California Supreme Court Denies P ...

    California Supreme Court Denies Petition for
    Review in Princess Cruise Lines
    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
  • Feb 05

    Fourth District Upholds Summary J ...

    Fourth District Upholds Summary Judgment
    Against Employer on Administrative Exemption
    in Pellegrino v. Robert Half International
    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
Rank This Ths Week: 1,163

Downtown Lawyer

Downtown Lawyer

Focuses on issues raised in Arkansas appellate courts, the Arkansas
General Assembly, federal district courts in Arkansas and the Eighth
Circuit Court of Appeals. By Jodie Hill.

http://jodielhill.com
  • Feb 05

    Illinois Supreme Court strikes do ...

    Illinois Supreme Court strikes down cap of
    medical malpractice awards as a violation of
    separation of powers.
    In 2005, Illinois adopted a law that limited jury awards for pain and
    suffering to $500,000 against doctors and $1 million against
    hospitals. Illinois medical and business industries supported the cap,
    claiming jury awards against medical providers had led to astronomical
    malpractice insurance rates, which in turn, had driven doctors out of
    the state. Trial lawyers and patient-rights groups argued that the
    real factor behind medical malpractice insurance rate hikes is the
    insurance industry. The Illinois Posted on Friday, February 5, 2010 at 1:14 pm
  • Jan 24

    Eighth Circuit joins other circui ...

    Eighth Circuit joins other circuits in
    requiring sex stereotyping plaintiff to show
    she was treated differently-not the relative
    treatment of different groups within the
    workplace.
    Breanna Lewis v. Heartland Inns of America, L.L.C., No. 08-3860. Facts
    Heartland Inns of America, L.L.C. ("Heartland Inns"), operates a group
    of hotels in Iowa. In July 2005, Breanna Lewis began working for
    Heartland Inns. Over the next year and a half, Lewis successfully
    filled several positions related to guest services. Lewis received
    multiple commendations from her direct supervisors and two merit based
    pay raises. On December 14, 2006, Lewis was hired to work a full-time
    position at the front desk of Posted on Sunday, January 24, 2010 at 5:19 am
  • Jan 24

    Eleventh Circuit holds that perva ...

    Eleventh Circuit holds that pervasive use of
    gender-specific vulgarities can create a
    hostile workplace for women, even if they are
    not directed at a specific female employee.
    After working as a sales representative for three years at C.H.
    Robinson Worldwide, Ingrid Reeves sued the company for allegedly
    subjecting her to a hostile work environment in violation of Title
    VII. Reeves alleged she was subjected daily to gender-specific
    vulgarities ("bitch," "fucking bitch," "fucking whore," "crack whore,"
    and "cunt") from her male co-workers. She stated they also talked
    within ear-shot about masturbation and bestiality and often listened
    to a Howard Stern-like radio show loaded with Posted on Sunday, January 24, 2010 at 5:19 am
Rank This Ths Week: 1,214

Class Action Blog

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust
class actions. By Meiselman, Denlea, Packman, Carton & Eberz.

http://classactionblog.mdpcelaw.com/
  • Feb 04

    New York Consumers Can Reap Milli ...

    New York Consumers Can Reap Millions As
    Medicaid Or Medicare Whistleblowers
    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
  • Jan 29

    Beware Of Dangerous Cribs And Str ...

    Beware Of Dangerous Cribs And Strollers
    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
  • Jan 23

    Parkers Farm Recalls Products Con ...

    Parkers Farm Recalls Products Contaminated
    With Listeria
    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
Rank This Ths Week: 1,223

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
  • Feb 04

    "What Would King Solomon Do?" or ...

    "What Would King Solomon Do?" or "Justice Is
    No Joke"
    A Los Angeles County Superior Court judge's attempt to exact poetic
    justice out of a proposed gift card settlement has resulted in a
    censure by the California Commission on Judicial Performance,
    according to this article from the legal humor blog, Lowering the Bar.
    The censure stems from a ruling on a motion for final approval of a
    settlement that reportedly called for a $125,000 fee for the
    plaintiffs' lawyer and $10 gift card for settlement class members.
    Judge Brett Klein, filling in for an ill colleague Posted on Thursday, February 4, 2010 at 10:12 pm
  • Jan 29

    Class Action No Longer a Pain in ...

    Class Action No Longer a Pain in the Neck for
    Alberta Chiropractors
    Sorry to all my loyal readers (I use the plural form optimistically)
    for my absence from the Blawgosphere during the past week. During my
    hiatus, Ward Branch of the Vancouver, B.C. firm Branch MacMaster sent
    me a copy of this decision denying class certification in an Alberta
    case filed against a chiropractic professional association and a
    would-be defendant class of chiropractors. The case had received quite
    a bit of press in Canada when it was filed, no doubt due in no small
    part to the catastrophic Posted on Friday, January 29, 2010 at 8:47 pm
  • Jan 29

    NERA Economic Consulting Issues R ...

    NERA Economic Consulting Issues Report on
    Securities Class Actions in Canada
    Yesterday, NERA Economic Consulting issued a working paper entitled
    Trends in Canadian Securities Class Actions: 2009 Update. The paper
    covers offers a variety of figures and statistics on cases being
    pursued, time to resolution, the values of settlements reached in
    2009, the exposure represented by cases still pending, and the number
    of cases with parallel U.S. proceedings. One key trend discussed in
    the report is the development of the law on "secondary market
    liability" provisions of provincial Posted on Friday, January 29, 2010 at 8:47 pm
Rank This Ths Week: 1,248

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Feb 07

    Drinking and Driving: A Deadly Co ...

    Drinking and Driving: A Deadly Combination in
    Illinois
    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
  • Jan 26

    Driven To Distraction

    Driven To Distraction
    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
  • Jan 21

    Distracted Driving and MyFord Tou ...

    Distracted Driving and MyFord Touch: Better,
    But is it Enough?
    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
Rank This Ths Week: 1,260

E-Discovery Bytes

E-Discovery Bytes

A practical resource for issues in e-discovery. Published Quarles
& Brady.

http://ediscovery.quarles.com/
  • Feb 02

    Wisconsin Supreme Court Hopes to ...

    Wisconsin Supreme Court Hopes to Adopt
    E-Discovery Rules Later This Term
    On January 21, the Wisconsin Supreme Court held a lengthy public
    hearing and open administrative conference about the Wisconsin
    Judicial Council's petition for an order amending the state rules of
    civil procedure to deal explicitly with the discovery of
    electronically stored information. E-Discovery fans with roughly 5
    hours to spare may view the entire hearing and conference here.
    Everyone else may read on to get the executive summary below. Three
    speakers appeared at the public hearing to oppose the Posted on Tuesday, February 2, 2010 at 6:40 am
  • Jan 20

    Ode to E-Discovery in 2009 (With ...

    Ode to E-Discovery in 2009 (With Apologies to
    William Shakespeare)
    We did it last year for two thousand and eight: A review of the year's
    e-discovery "greats." Here's a more recent summary wholly in rhyme To
    get you all up-to-date on two thousand and nine. As a whole, common
    themes have begun to emerge, Due to problems that have spurred many
    judges to urge More cooperation and much earlier e-discovery plans,
    And clarity on native-metadata versus PDF scans. Numerous sanctions
    resulted, the courts raising their swords Of adverse inference,
    default judgment and monetary Posted on Wednesday, January 20, 2010 at 11:11 pm
  • Dec 15

    Digital Voicemail in E-Discovery ...

    Digital Voicemail in E-Discovery -- or
    Dealing with Cerberus, the Three-Headed Dog
    from Hell
    You have one new voice message. First message: Monday, 4:45pm -- I
    must have just missed you, Vice President Joe. It's Mike van Dyke,
    your CEO. Remember that complicated widget invention -- Our
    best-seller you copied from the Widget Convention? The one in your job
    interview that you mentioned, And stole from your last boss for
    withholding your pension? Well, they've sued us for patent
    infringement and such, And theft of trade secrets -- it's really too
    much. So I need you to shred all the documentation: The Posted on Tuesday, December 15, 2009 at 1:00 pm
Rank This Ths Week: 1,272

Ross' Arbitration Blog

Ross' Arbitration Blog

Covers labor and employment arbitration. By Ross Runkel.

http://www.lawmemo.com/arbitrationblog/
  • Jan 22

    Does arbitrator decide whether ar ...

    Does arbitrator decide whether arbitration
    agreement is unconscionable?
    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
  • Jan 22

    Supreme Court fast-tracks arbitra ...

    Supreme Court fast-tracks arbitration case
    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
  • Sep 28

    US Supreme Ct argument on class a ...

    US Supreme Ct argument on class action
    arbitration
    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
Rank This Ths Week: 1,280

Pennsylvania Litigation Blog

Pennsylvania Litigation Blog

Providing a Pennsylvania perspective on local and national litigation
news. Published by Barley Snyder LLC.

http://www.palitigationblog.com/
  • Dec 16

    Trademark: Expand your Right to S ...

    Trademark: Expand your Right to Sue through
    Registration
    The first person to use a trademark in connection with specific goods
    or services preserves a common law right to prevent any unauthorized
    use of that mark with similar goods or services. However, federally
    registering your mark with the United States Patent & Trademark
    Office provides more protection than established under common law. In
    fact, an unregistered mark may only protect use of your mark within a
    specific geographical area, while a federal registration provides
    exclusive right to use of that Posted on Wednesday, December 16, 2009 at 8:00 am
  • Dec 16

    Trademark: Retain your Right to Sue

    Trademark: Retain your Right to Sue
    Even if you are successful in federally registering your mark, misuse
    of your mark may result in losing your right to enforce the
    registration. The term misuse is relative and generally does not lead
    to a removal from the registry. Rather, your use may affect the
    ability to enforce rights granted by the registration. The rights
    established from a federal registration can last indefinitely, as long
    as the owner continues active use of the mark on or in connection with
    the goods and/or services in the Posted on Wednesday, December 16, 2009 at 8:00 am
  • Dec 16

    Attorneys Fees for Collecting Jud ...

    Attorneys Fees for Collecting Judgement
    Against Owner
    Section 512 of the Contractors and Subcontractors Payment Act allows
    for an award of interest, penalties, and attorneys fees to a
    "substantially prevailing" party. When Owner did not pay him for
    construction work, Contractor sued Owner, won and obtained an award
    for the claim, plus interest, penalties and attorneys fees. Owner
    still didn't pay. Contractor then filed execution proceedings and,
    eventually, did recover the amount of the award by attaching Owner's
    bank accounts. Contractor then filed to also Posted on Wednesday, December 16, 2009 at 8:00 am
Rank This Ths Week: 1,284

Daubert on the Web

Daubert on the Web

Covers the law of expert evidence.

http://www.daubertontheweb.com/blog702.html
  • Jun 10

    Today's Pet Writing Peeve

    Today's Pet Writing Peeve
    Off topic, but we have a bee in our bonnet Posted on Tuesday, June 10, 2008 at 12:00 am
  • Jun 07

    No, We're Not Defunct

    No, We're Not Defunct
    Just suffering from blogger ennui. Posted on Saturday, June 7, 2008 at 12:00 am
  • Jan 20

    11th Circuit Upholds Statistical ...

    11th Circuit Upholds Statistical Testimony in
    Medicare-Fraud Prosecution
    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
Rank This Ths Week: 1,337

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Feb 08

    ATA Joins Suit Challenging Califo ...

    ATA Joins Suit Challenging California Low
    Carbon Fuel Standard
    The American Trucking Associations (ATA) today joined petroleum
    refiners and other end-users in a legal challenge to California's
    recently enacted low-carbon fuel standard (LCFS). The regulation
    adopted by the California Air Resources Board requires annual
    reductions in the carbon intensity of gasoline and diesel over the
    next ten years. The LCFS regulation falls directly upon fuel providers
    (refiners, importers and blenders of fuel), but will impact end-users
    because of associated fuel price increases. The Posted on Monday, February 8, 2010 at 11:01 pm
  • Feb 08

    LORD Corporation Files Patent Inf ...

    LORD Corporation Files Patent Infringement
    Suit Against Active Shock
    LORD Corporation -- a leader in vibration and motion control products
    and solutions for defense, aerospace and commercial markets -- filed
    suit in 2009 against Active Shock (recently acquired by General
    Kinetics Engineering Corporation) in the United States District Court
    for the Eastern District of North Carolina (civil action number
    5:09-CV-00318). In this suit, LORD Corporation asserts certain patent
    infringement and false advertising as well as unfair and deceptive
    trade practices claims. Specifically, Posted on Monday, February 8, 2010 at 11:01 pm
  • Feb 08

    NFL Hall of Famer Files $100 Mill ...

    NFL Hall of Famer Files $100 Million Lawsuit
    Against Nicole Alicia Mustafa Alleging 'Civil
    Extortion Plot'
    In response to a Florida woman's lawsuit alleging NFL Hall of Famer
    and former Dallas Cowboy Michael Irvin raped her, Michael Irvin's
    Attorney Larry Friedman filed a $100 million lawsuit today in Dallas
    County against Nicole Alicia Mustafa alleging a "civil extortion
    plot." "Michael Irvin is appalled at Alicia Mustafa's accusations. He
    is a victim of his own success and what has become a widespread
    venture to sue high profile celebrities. It is typical for
    fame-seekers to attack celebrities of Irvin's Posted on Monday, February 8, 2010 at 11:01 pm
Rank This Ths Week: 1,346

Illinois Lawyer Blog

Illinois Lawyer Blog

Illinois Lawyer Blog covers personal injury and litigation topics such
as civil procedure, healthcare liens, insurance, medical malpractice,
and retaliatory discharge. By Chicago, Il Trial Lawyer, Mark P.
Loftus.

http://www.illinoislawyerblog.com/
  • Feb 04

    CHICAGO AREA WOMAN STRIKES BLOW F ...

    CHICAGO AREA WOMAN STRIKES BLOW FOR WORKING
    MOMS
    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
  • Jan 26

    CHICAGO JUDGE TOSSES TWITTER LAWSUIT

    CHICAGO JUDGE TOSSES TWITTER LAWSUIT
    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
  • Jan 20

    VERDICT AGAINST LOUISVILLE SLUGGE ...

    VERDICT AGAINST LOUISVILLE SLUGGER UPHELD
    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
Rank This Ths Week: 1,360

California Business Litigation Blog

California Business Litigation Blog

Covers a wide range of business litigation issues in the Southern
California area. By Sylvester, Oppenheim, & Linde.

http://www.californiabusinesslitigation.com/
  • Jan 26

    Deloitte Wins Lawsuit...Former Pa ...

    Deloitte Wins Lawsuit...Former Partner Loses
    In a ruling on Dec 29, former Deloitte partner, Thomas Flanagan, from
    Chicago, was found liable for violating the accounting firm's conflict
    of interest policies. These policies extend for stock and options
    trading of the firm's clients. Clients of the company include Motorola
    Corp, Allstate Corp and Walgreen Co. Flanagan who was a 30 year
    employee of the company, was also found to have concealed these trades
    from Deloitte. A further hearing has been set to determine the extent
    of the penalty held against Posted on Tuesday, January 26, 2010 at 12:55 am
  • Jan 26

    Dan Rather Loses Chance to Appeal ...

    Dan Rather Loses Chance to Appeal $70 Million
    Lawsuit
    The New York State's highest court declined to hear the motion of
    television anchor Dan Rather, who has tried to unsuccessfully sue his
    former employer, CBS for $70 million. He alleges that the company was
    in breach of his contract and made accusations of fraud against the
    company. The state appellate court dismissed the case in September,
    but the Court of Appeals denied the motion without comment. The ruling
    from the appellate court states that the pay or play clause in his
    contract allowed the network to Posted on Tuesday, January 26, 2010 at 12:55 am
  • Jan 26

    U.S. Justice Department Joins Gay ...

    U.S. Justice Department Joins Gay Teen's
    Lawsuit
    The United States Justice Department has intervened in the civil case
    between a former student and his school. The school, Gregory B Jarvis
    Junior Senior High School, part of the Mohawk Central School District,
    is accused of failing to stop students and teachers from bullying a 14
    year old, openly gay student named Jacob. The claims are that the
    bullying centered around the child's sexual orientation. See previous
    post HERE. The student was often the subject of verbal and physical
    harassment, the lawsuit Posted on Tuesday, January 26, 2010 at 12:55 am
Rank This Ths Week: 1,370

Lawyer Hatton

Lawyer Hatton

Covers cases and topics of interest to solo or small firm practices.
From Tennessee attorney Tim Hatton.

http://lawyerhatton.blogspot.com/
  • Feb 06

    Recurring Theme

    Recurring Theme
    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
  • Jan 28

    A Juror Who Does His Job!

    A Juror Who Does His Job!
    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
  • Jan 22

    Right to a Public Trial

    Right to a Public Trial
    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
Rank This Ths Week: 1,384

Trial Lawyer Resource Center

Trial Lawyer Resource Center

Trial attorneys and litigation experts lend their expertise on all
areas of trial practice.

http://www.tlrcblog.com/
  • Jan 08

    Interrogatories

    Interrogatories
    The best advice for propounding, answering and following up on
    interrogatory answer is the one thing that few lawyers do: put thought
    into them as to exactly how you are going to use them at trial. We get
    so much advice as lawyers as to what we should do. As a result, we
    make a lot of diving impossible catches but miss too many fly balls.
    Think about what you are trying to prove at trial. Think about the
    questions that box in the defendant's lawyer (in one direction or the
    other). Think about the hard Posted on Friday, January 8, 2010 at 2:29 am
Rank This Ths Week: 1,432

Minority Defense Litigator

Minority Defense Litigator

Address issues relevant to minority trial lawyers who defend civil
litigation. By Charles E. Griffin.

http://minoritydefenselitigator.wordpress.com
  • Feb 08

    Mississippi Tort Reform Statute S ...

    Mississippi Tort Reform Statute Survives A
    Close Call In Washington State
    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
  • Jan 28

    DRI Future of Litigation Study

    DRI Future of Litigation Study
    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
  • Jan 28

    ABA Minority Counsel Program Anno ...

    ABA Minority Counsel Program Announces New
    Enhancements
    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
Rank This Ths Week: 1,537

White Collar Defense and Compliance

White Collar Defense and Compliance

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

http://whitecollarcrime.foxrothschild.com/
  • Jan 29

    Crawford requires that co-conspir ...

    Crawford requires that co-conspirator
    statements to informants be tossed
    Since the seismic shift in Confrontation Clause jurisprudence effected
    by Crawford v. Washington, 541 U.S. 36 (2004), lower courts have
    struggled to define precisely which "testimonial statements" are now
    excluded from evidence unless the government can show both that the
    declarant is unavailable to testify at trial and there was a prior
    opportunity for cross-examination of the declarant. The Crawford Court
    did not define the term "testimonial" exhaustively, leading to some
    confusion in the ranks. The Posted on Friday, January 29, 2010 at 11:31 pm
  • Jan 26

    Eleventh Circuit Limits Reach of ...

    Eleventh Circuit Limits Reach of Section 666
    By Narrowly Construing "Agent of the State"
    Element
    We noted here recently the first signs of an effort among courts of
    appeal to temper the reach of 18 U.S.C. § 666, long a favorite tool
    of prosecutors seeking to federalize misdeeds by local and state
    officials. Now the Eleventh Circuit has joined in, acting to limit the
    scope of the statute by strictly holding the government to its
    allegation that a defendant was an "agent of the state" and finding
    that a state's payment of the defendant's salary and benefits failed
    to qualify him as its agent, and Posted on Tuesday, January 26, 2010 at 7:59 pm
  • Jan 21

    Another Revisit to Madoff and His ...

    Another Revisit to Madoff and His Charity
    Stakeholders - Hadassah and Yeshiva
    University: Now A Perplexing Tale of Three
    Forms 990 - Part I - Installment 22
    This is the twenty-second in a series of installments on this blog
    that are discussing issues arising in the aftermath of the long global
    Ponzi scheme of Bernard L. Madoff ("Madoff"). Installments 3 through
    8, Installment 10 and Installments 14 through 21 of this series
    focused on the concerns of charities that were investors with Madoff
    and similar schemes. All potential stakeholders should consult
    professional advisors to have their positions evaluated. Installment
    14 of this series compared and Posted on Thursday, January 21, 2010 at 12:22 am
Rank This Ths Week: 1,564

Indiana Legal Blog

Indiana Legal Blog

Indiana Legal Blog covers civil litigation, medical malpractice, and
personal injury litigation. By Indiana Injury Attorneys Parr Richey
Obremskey & Morton.

http://www.indianainjuryblog.com/
  • Feb 02

    Federal Ban on Bus Drivers & ...

    Federal Ban on Bus Drivers & Truckers
    Text-Messaging While Driving
    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
  • Jan 26

    Estate's Attorney's Fees in Wrong ...

    Estate's Attorney's Fees in Wrongful Death
    Cases
    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
  • Jan 20

    Indiana's Journey Account Statute ...

    Indiana's Journey Account Statute - When Can
    It Save Your Case
    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
Rank This Ths Week: 1,565

Trial Lawyer Resource Center

Trial Lawyer Resource Center

Several top trial attorneys join together with litigation experts to
lend their expertise on topics that matter in your trial practice.

http://www.tlrcblog.com/
  • Jan 10

    Will Georgia Victims of Medical W ...

    Will Georgia Victims of Medical Wrongdoing
    Have to Jump Through More Hoops?
    An excellent piece on the GTLA blog, written today (1/9): How many
    hoops should you have to jump through to get justice? It's a fair
    question that many people struggle with. Yesterday, the CEO of a
    Georgia medical services company suggested - in an opinion piece
    submitted to a GA newspaper - that to be sure that Georgians who have
    been harmed by negligent medical care are worthy of justice we should
    subject them to one more hoop. Not coincidentally, it's a hoop that
    benefits only medical professionals and Posted on Sunday, January 10, 2010 at 12:46 pm
  • Jan 08

    Advice Clients on How Long Settle ...

    Advice Clients on How Long Settlement Will
    Be?
    I wrote a page today advising injury victims on the question of how
    long their auto accident claim will take to settle. For lawyers, the
    best advice in terms of giving advise is to underpromise and
    overdeliver. Like construction, things typically, take longer than you
    anticipate or hope that they will. How do you predict how long the
    Plaintiff will receive treatment or who long the doctor will take to
    provide a medical opinion you need in your demand package? Moreover,
    if the client has a multitude of Posted on Friday, January 8, 2010 at 2:29 am
  • Dec 23

    Chelation Therapy: Link to Heart ...

    Chelation Therapy: Link to Heart Injuries?
    Does Chelation Therapy Cause Heart Injuries? Chelation therapy is a
    recognized treatment for heavy metal (such as lead) poisoning. EDTA
    (Ethylenediamine tetraacetic acid) is injected into the blood and
    binds the metals, allowing them to be removed from the body in the
    urine.A potent chelator of cations, especially calcium, it is
    FDA-approved only for rapid, emergency treatments of hypercalcemia or
    digitalis toxicity,and for those indications it has long been
    obsolete. Source. Na2EDTA is specifically Posted on Wednesday, December 23, 2009 at 7:03 am
Rank This Ths Week: 1,576

Electronic Discovery and Evidence

Electronic Discovery and Evidence

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

http://arkfeld.blogs.com/ede/
  • Feb 03

    "Wake up Call" for In-house Couns ...

    "Wake up Call" for In-house Counsel -
    Sanctions Issued - Failure to Preserve and
    Legal Hold
    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
  • Jan 31

    Court Commends Attorneys for Cutt ...

    Court Commends Attorneys for Cutting the Cost
    of ESI Privilege Review
    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
  • Jan 25

    Court Orders Disclosure of German ...

    Court Orders Disclosure of German ESI
    Overruling Objections Based on German Law and
    Hague Convention
    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
Rank This Ths Week: 1,601

Tyler Appeals Blog

Tyler Appeals Blog

Provides information and insight for East Texas practitioners,
focusing on motions and appeals. By Jeff Rambin of the Rambin Firm.

http://www.tylerappeals.com/
  • Sep 26

    Race and jury selection ...

    Race and jury selection ...
    A while back, I posted on a Batson case in the criminal context.
    Today, the Supreme Court of Texas handed down a Batson decision in the
    civil context -- a case of alleged racial discrimination in the
    workplace. Today, the Supreme Court of Texas held that the employer's
    attorney struck two potential jurors on account of their race. Wow.
    The jury that was seated didn't buy the employee's claims of racial
    discrimination. They entered a verdict for the employer. Today,
    though, the Supreme Court of Texas set Posted on Friday, September 26, 2008 at 5:08 pm
  • Sep 26

    Petition granted on a Tyler case ...

    Petition granted on a Tyler case ...
    In this week's orders, the Supreme Court of Texas granted review on
    Kappus. Kappus is an estate case where an ex-wife got her ex-brother
    in-law disqualified as executor of her ex-husband's estate. James and
    John owned some land together. James died. John was named his
    executor. James was also survived by children and an ex-wife, Sandra.
    Ever since the divorce, Sandra's relationship with John has been sour.
    Now Sandra has some questions about the land. Over the years James,
    John and Sandra had made Posted on Friday, September 26, 2008 at 4:33 pm
  • Sep 19

    Constitution Week: Supreme Court ...

    Constitution Week: Supreme Court of Texas
    The Supreme Court of Texas did not issue any opinions this week. There
    were no Tyler cases in their orders. So, as discussed in the Last Word
    post, there remains only one Tyler case that the Supreme Court of
    Texas has agreed to hear. As before, there are 10 other cases from
    Tyler in various stages of asking to be heard. September 17th was
    Constitution Day. To commemorate the occasion, Justice Willett of the
    Supreme Court of Texas authored this piece in the Austin American
    Statesman. Justice Willett is Posted on Friday, September 19, 2008 at 4:46 pm
Rank This Ths Week: 1,666

e-Lessons Learned

e-Lessons Learned

Covers e-discovery issues by focusing on mistakes made by counsel,
employers and employees.

http://ellblog.com
  • Feb 05

    LegalTech 2010: Blogstars, eDisco ...

    LegalTech 2010: Blogstars, eDiscovelebrities,
    and… Vendors (They're Cool, Too)
    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
  • Jan 27

    An Aside: "Smart" Company Policies

    An Aside: "Smart" Company Policies
    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
  • Jan 21

    Shampoo Moguls Learn That Cowboys ...

    Shampoo Moguls Learn That Cowboys Use
    Zubulake, Too
    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
Rank This Ths Week: 1,717

Renew Data E-Discovery

Renew Data E-Discovery

Covers electronic discovery news, best practices, and legal
commentary. Published by Renew Data.

http://ediscovery.renewdata.com/
  • Dec 16

    RenewData to Present at Legal IT ...

    RenewData to Present at Legal IT Asia
    Conference 2009
    Vice President of Professional Services to discuss US Litigation
    Tactics and eDiscovery Trends to International Audience of Legal and
    IT Professionals AUSTIN, TX - November 16, 2009 - RenewData, a leading
    provider of services for the discovery, archiving, and governance of
    electronically stored information (ESI), today announced its Vice
    President of Professional Services, Vance McMurry, will speak at Legal
    IT Asia taking place on November 18 - 19, 2009 at the Yuyang Hotel in
    Beijing, China. Speaking to an Posted on Wednesday, December 16, 2009 at 12:00 am
  • Dec 16

    RenewData Names Legal Services Ve ...

    RenewData Names Legal Services Veteran to
    Post of President
    Fostering Client Relationships and Driving Growth Strategy Continue to
    be Key Initiatives for Information Governance Service Provider AUSTIN,
    TX - November 17, 2009 - a leading provider of services for the
    discovery, archiving, and governance of electronically stored
    information (ESI), today announced it has named Richard Cohen to
    president. In this role, Cohen will lead the company's client facing
    functions to continue RenewData's position as a top-tier service
    provider offering the best eDiscovery, Posted on Wednesday, December 16, 2009 at 12:00 am
  • Dec 16

    RenewData Webinar to Predict Top ...

    RenewData Webinar to Predict Top eDiscovery
    Trends for 2010 and Feature Independent
    Research Firm Analyst
    Discussion Will Highlight the Affects on Law Firms, Corporations, and
    Government Agencies and Best Practices for Preparation AUSTIN, TX -
    November 23, 2009 - RenewData, a leading provider of services for the
    discovery, archiving, and governance of electronically stored
    information (ESI), today announced it will be conducting a free
    webinar titled "2010 as a Watershed Year for eDiscovery - The Top
    Trends Entering the New Year" which will feature prominent eDiscovery
    industry analyst Brian Hill of Forrester Posted on Wednesday, December 16, 2009 at 12:00 am
Rank This Ths Week: 1,757

Computer Forensics and E-Discovery

Computer Forensics and E-Discovery Blog

Covers computer forensics, document retention and destruction
policies, metadata and e-discovery. By Electronic Evidence Retrieval,
L.L.C.

http://www.computerforensicsediscovery.com/
  • Jul 15

    I Didn't Get The Email-How Often ...

    I Didn't Get The Email-How Often It Happens
    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
  • Jun 29

    What's New in e-Discovery

    What's New in e-Discovery
    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
  • Jun 29

    Jason R.

    Jason R.
    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
Rank This Ths Week: 1,766