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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Sep 23

    Petition of the day

    Petition of the day
    The petition of the day is: Schell v. OXY USA Inc. 16-244 Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel to the respondent in this case. Issue: (1)…
  • Sep 23

    SCOTUS Map: Summer 2016 review

    SCOTUS Map: Summer 2016 review
    The late Justice Antonin Scalia and the vacancy he left behind continued to loom large over the justices’ summer appearances, as his colleagues were often called upon to speak about his legacy, their memories of serving with him, and…
  • Sep 23

    Event announcement

    Event announcement
    On September 30 at 12 p.m., the Pacific Legal Foundation and National Review Institute will host a preview of the Supreme Court’s next Term. Speakers will include Theodore Olson, Neal Katyal, and Gregory Katsas; Ramesh Ponnuru will…
Rank this Week: 11

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 12

CEB blog

CEB blog

Covers practice tips and new legal developments of particular interest to California legal professionals. The CEB blog covers a wide range of practice areas from estate planning to civil litigation, along with posts relating to the practice of law generally.

http://blog.ceb.com
  • Sep 23

    6 Ways to Multitask More Effectively

    6 Ways to Multitask More Effectively
    Many lawyers believe that their productivity gets a boost when they multitask. Sadly, it may be just the opposite. But because multitasking isn’t going away anytime soon, lawyers can learn ways to break bad habits and multitask more…
  • Sep 21

    The Pros and Cons of Requiring Workplace Arbitration

    The Pros and Cons of Requiring Workplace Arbitration
    The following is a guest blog post by Jeffrey D. Polsky, a partner at Fox Rothschild LLP, where he counsels employers on California employment law issues, represents them in litigation, and writes for Fox Rothschild’s California…
  • Sep 19

    Lessons from Trump’s Depo: Come Prepared!

    Lessons from Trump’s Depo: Come Prepared!
    In his 2007 deposition in his suit against a reporter, Donald Trump encountered very prepared attorneys. As the Washington Post describes, they “confronted the mogul with his past statements—and with his company’s internal…
Rank this Week: 55

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

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

    Executors Should Beware Of Serious Pitfall

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

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

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

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate
    Prior to the commencement of a probate proceeding or an administration proceeding, the attorney for the estate will normally send a waiver consenting to the admission of the will to probate or to the appointment of an administrator to all…
Rank this Week: 56

Southern California Appellate News

Southern California Appellate News

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

http://socal-appellate.blogspot.com/
  • Sep 23

    Supreme Appearances in SoCal

    Supreme Appearances in SoCal
    The 34th Annual Red Mass and hosted reception at the Cathedral of Our Lady of the Angels will be November 9 at 5:30 p.m. Last year Justice Carol Corrigan spoke; this year it will be Chief Justice Tani Cantil-Sakauye.The 2016 Institute…
  • Sep 22

    3d DCA to convene at UC Davi

    3d DCA to convene at UC Davi
    SACRAMENTO—Administrative Presiding Justice Vance W. Raye announced that as part of its award-winning community outreach program, the Court of Appeal, Third Appellate District, will hear oral argument at UC Davis School of Law in Yolo…
  • Sep 21

    Beds withdraws offer to serve on SCOTUS

    Beds withdraws offer to serve on SCOTUS
    Beds' latest column -- Justice in the Asteroid Belt -- doesn't disappoint (of course).
Rank this Week: 68

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Sep 21

    Supervision of Mental Patient Issue That Requires Expert Testimony

    Supervision of Mental Patient Issue That Requires Expert Testimony
    In Newman v. Guardian Healthcare Providers, Inc., No. M2015-01315-COA-R3-CV (Tenn. Ct. App. July 27, 2016), the Court of Appeals affirmed the dismissal with prejudice of a medical malpractice (now known as a “health care…
  • Sep 19

    Evidence of Intoxication is Not Necessarily Sufficient to Establish Liability

    Evidence of Intoxication is Not Necessarily Sufficient to Establish Liability
      In Denton v. Taylor, No. E2015-01726-COA-R3-CV (Tenn. Ct. App. July 25, 2016), the Court of Appeals affirmed summary judgment in a car accident case because “plaintiff provided no evidence establishing that the decedent’s…
  • Sep 15

    Property Owner Can Owe a Duty to Volunteers Roofer

    Property Owner Can Owe a Duty to Volunteers Roofer
    In Reynolds v. Rich, No. E2015-01245-COA-R3-CV (Tenn. Ct. App. July 22, 2016), the Court of Appeals overturned summary judgment in a negligence case, finding that defendants did owe plaintiff a duty and that there were genuine issues of…
Rank this Week: 91

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

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

http://jotwell.com/
  • Sep 23

    Common Law in the Age of Arbitration

    Common Law in the Age of Arbitration
    Myriam Gilles, The Day Doctrine Died: Private Arbitration and the End of Law, 2016 U. Ill. L. Rev. 371 (2016).Allan ErbsenJudge-made law is dynamic. Rules adapt to innovations in technology, trends in human behavior and markets, and nascent…
  • Sep 22

    Law, Legend, and Forgotten Histories of Survivance

    Law, Legend, and Forgotten Histories of Survivance
    Katrina Jagodinsky, Legal Codes and Talking Trees: Indigenous Women’s Sovereignty in the Sonoran and Puget Sound Borderlands, 1854-1946 (2016).Karen TaniIn 2016, legal history is a capacious field – one with a catholic view of…
  • Sep 21

    Whistling for the Dog in Affirmative Action

    Whistling for the Dog in Affirmative Action
    Reviewing Khiara Bridges, The Deserving Poor, The Undeserving Poor and Class-Based Affirmative Action, 66 Emory L.J. (forthcoming 2017), available at SSRN.Daria RoithmayrThe link between race and class inequality is a hot topic. The top two…
Rank this Week: 124

Litigation PostScript

Litigation PostScript

Provides information and practical tips on legal persuasion spanning pretrial and trial phases, for jury, bench and arbitration settings. By Persuasion Strategies.

http://www.litigationps.com/litigation_postscript_per/
  • Sep 22

    Safely Handle the "Safety Rule" Question

    Safely Handle the "Safety Rule" Question
    By Dr. Ken Broda-Bahm: Don't you think that, when faced with a choice between a safer option and a riskier option, one should take the safer option? Well, on face that seems pretty reasonable. Who wouldn't want the safer option, after all?…
  • Sep 19

    Don't Expect Cause Challenges to Do the Work of Peremptorie

    Don't Expect Cause Challenges to Do the Work of Peremptorie
    By Dr. Ken Broda-Bahm: The peremptory challenge right now shares one problem with the two leading presidential contenders: high negatives. In the recent Foster v. Chatman case, the United States Supreme Court overturned a murder conviction…
  • Sep 15

    Beware of "Frenemies" on Your Jury

    Beware of "Frenemies" on Your Jury
    By Dr. Ken Broda-Bahm: In a recent jury selection, the attorneys, clients, and I were huddled over the seating grid for the panel, talking about our strikes. "I like Jones," the client said, "with her background, she is really…
Rank this Week: 108

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Sep 21

    $122,242 Jury Verdict in Madison County Misrepresentation Trial

    $122,242 Jury Verdict in Madison County Misrepresentation Trial
    Last week a Madison County jury returned a total verdict of $122,242 in Bowles v. Gussio.The verdict included $50,000 in punitive damages. The case involved misrepresentation and breach of home warranty claims involving defendants’…
  • Sep 15

    $138,000 Jury Verdict in Covington County Unpaid Wages Case

    $138,000 Jury Verdict in Covington County Unpaid Wages Case
    On Friday a Covington County jury returned a combined verdict of $138,000 in favor of two plaintiffs in Parker v. Culpepper Enterprises, Inc. Here is the Complaint. The case was filed in Jones County and later transferred to Covington County.…
  • Sep 12

    Defense Verdict in Hinds County Premises Liability Trial

    Defense Verdict in Hinds County Premises Liability Trial
    On Friday a Hinds County jury returned a defense verdict in Brown v. Waffle House, Inc. Disclaimer: Personally, I think Waffle Houses are awesome. They could open one on the moon and it would always be at least half full. Here is the…
Rank this Week: 117

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 125

Information Governance Engagement…

Information Governance Engagement Area

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

http://infogovernance.blogspot.com/
  • Apr 1

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

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

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

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

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

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR
    By John TredennickTechnology assisted review has a transparency problem. Notwithstanding TAR’s proven savings in both time and review costs, many attorneys hesitate to use it because courts require “transparency” in the TAR…
Rank this Week: 102

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Sep 21

    Patent and Trademark Expert Witnesses Granted in Part, Denied in Part

    Patent and Trademark Expert Witnesses Granted in Part, Denied in Part
    Plaintiff sued defendant for patent and trademark violations.  Both hired expert witnesses and both challenged the testimony of each witness. Facts:  This case (Loggerhead Tools, LLC v. Sears Holdings Corporation – United…
  • Sep 19

    Medical Toxicologist Expert Witness Testimony Confirmed By Appeals Court

    Medical Toxicologist Expert Witness Testimony Confirmed By Appeals Court
    Appellant appealed a decision by the circuit court allowing the expert witness testimony of a medical toxicologist.  The appeals court affirmed the lower court opinion Facts:  This case (State of Wisconsin v. Lory F. Kerk –…
  • Sep 14

    Florida Appeals Court Finds Lower Court Erred in Allowing Some Expert Testimony

    Florida Appeals Court Finds Lower Court Erred in Allowing Some Expert Testimony
    Appeals court reviewed many aspects of expert witness testimony that was allowed by the lower court.  The appeals court opined that the lower court erred when it allowed some experts to testify. Facts:  This case (Crane Co. v.…
Rank this Week: 202

Beyond Structured Settlements

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/
  • Sep 11

    S2P2J Release 60

    S2P2J Release 60
    The United States structured settlement market has been in existence for almost 40 years and continues to expand its scope, complexity and importance within the context of personal injury settlement planning. Since it was first published in…
  • Jun 25

    PFAC 2016 Annual Conference

    PFAC 2016 Annual Conference
    Fiduciary standards, as they relate to product suitability specifically, and to business practices generally, can be expected to become more significant factors in product sales for the traditional structured settlement market as it continues…
  • May 18

    S2P2J Release 59

    S2P2J Release 59
    Despite historically low interest rates and negative PR (most recently this Washington Post Editorial) resulting from the unconscionable business practices of some secondary market companies, the primary structured settlement market continues…
Rank this Week: 224

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/
Rank this Week: 231

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Aug 7

    Why Drug Companies Oppose “Free To Choose” Medicine

    Why Drug Companies Oppose “Free To Choose” Medicine
    Thirty-one states have passed “Right To Try” legislation that, in theory, makes it easier for patients with terminal diagnoses to use drugs that are in the investigational stage but haven’t yet been approved by the FDA. I…
  • Jul 18

    No Sympathy For The Corporate Defendant

    No Sympathy For The Corporate Defendant
    There are a few truisms in civil jury trial practice, one of which is: don’t make an appeal to sympathy. See, e.g., Arnold v. E. Air Lines, Inc., 681 F.2d 186, 196-200 (4th Cir. 1982)(“the blatant, direct appeal for sympathy in…
  • Jul 11

    Pokémon GO Players Need To Send This Email Immediately

    Pokémon GO Players Need To Send This Email Immediately
      Here’s the punchline: if you play Pokémon GO, then, within thirty (30) days of downloading it, you need to send an email to termsofservice@nianticlabs.com with the subject “Arbitration Opt-out Notice” in…
Rank this Week: 154

the complex litigator

the complex litigator

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

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

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

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

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

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

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC
    Next up on the update list is Iskanian v. CLS Transportation Los Angeles LLC (June 23, 2014). In Iskanian, a limousine driver filed a class action lawsuit on behalf of himself and similarly situated employees for his employer’s alleged…
Rank this Week: 149

Point of Law Forum

Point of Law Forum

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

http://www.pointoflaw.com/
  • Nov 27

    Chairman Schapiro's Troubled Tenure at the SEC

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

    The Philadelphia Story

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

    Senator-elect Warren's Quandary

    Senator-elect Warren's Quandary
    There has been a lot of speculation about whether Senator-elect Elizabeth Warren will get a seat on the Senate Banking Committee, a perfect forum to go after the financial industry. If Ms. Warren does get the coveted spot, she may...
Rank this Week: 232

Conflict of Laws .net

Conflict of Laws .net

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

http://conflictoflaws.net
  • Sep 24

    Conference: Cross Border Family Litigation in Europe. The Brussels IIbis Recast (Milan, 14 october 2016)

    Conference: Cross Border Family Litigation in Europe. The Brussels IIbis Recast (Milan, 14 october 2016)
    The University of Milan (Department of International, Legal, Historical and Political Studies) will host on Friday 14 October 2016 (14h00) a conference on “Cross border family litigation in Europe. The Brussels IIbis recast“.…
  • Sep 22

    Opening of the European and Private International law Section in Blog Droit Européen

    Opening of the European and Private International law Section in Blog Droit Européen
    Many thanks to Alexia Pato, PhD candidate at the Universidad Autónoma, Madrid, for this piece of news. And my best wishes! Today, blog droit européen officially celebrates the opening of its European and private international…
  • Sep 21

    Comity or Compulsion

    Comity or Compulsion
    On Tuesday, the United States Court of Appeals for the Second Circuit issued a decision reversing a $147.8 million price-fixing judgment against two Chinese manufacturers of Vitamin C. The plaintiffs alleged that the Chinese manufacturers…
Rank this Week: 387

Civil Procedure & Federal Courts…

Civil Procedure & Federal Courts Blog

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

http://lawprofessors.typepad.com/civpro/
  • Sep 23

    Now on JOTWELL: Erbsen on Gilles on Arbitration & the End of Law

    Now on JOTWELL: Erbsen on Gilles on Arbitration & the End of Law
    Today on the Courts Law section of JOTWELL is Allan Erbsen’s essay, Common Law in the Age of Arbitration. Allan reviews Myriam Gilles’ recent article, The Day Doctrine Died: Private Arbitration and the End of Law, 2016 U. Ill. L....
  • Sep 21

    Ever Wonder Which SCOTUS Cases Have Been Cited the Most?

    Ever Wonder Which SCOTUS Cases Have Been Cited the Most?
    We’re just days away from a new U.S. Supreme Court Term. With some notable exceptions, most folks pay attention to Supreme Court decisions not because of who wins or loses those particular cases, but because of what those decisions mean...
  • Sep 20

    Second Circuit Reverses $147M Judgment Against Chinese Companies on International Comity Ground

    Second Circuit Reverses $147M Judgment Against Chinese Companies on International Comity Ground
    Today the U.S. Court of Appeals for the Second Circuit issued its decision in In re: Vitamin C Antitrust Litigation. The plaintiffs had obtained a judgment for $147 million in damages (as well as injunctive relief) against two Chinese…
Rank this Week: 337

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Sep 23

    Summary Judgment Granted in Fall Down Steps Case

    Summary Judgment Granted in Fall Down Steps Case
    In the Lehigh County Court of Common Pleas decision of Vasilik v. Voipoch, No. 2015-CV-904 (C.P. Leh. Co. June 7, 2016 McGinley, J.), the court entered summary judgment in favor of an out of possession landlord Defendant in negligence action…
  • Sep 21

    Superior Court Reaffirms Requirement of Expert Medical Evidence to Support Intentional Infliction of Emotional Distress Claim

    Superior Court Reaffirms Requirement of Expert Medical Evidence to Support Intentional Infliction of Emotional Distress Claim
    In the case of Gray v. Huntzinger, No. 1882 EDA 2015, 2016 Pa.Super. 194 (Pa.Super. Aug. 30, 2016 Gantman, P.J., Lazarus, J., and Platt, J.)(Op. by Lazarus, J.), the Pennsylvania Superior Court ruled that a trial court erred by not entering a…
  • Sep 20

    Tips for Persuading Others To Your Point of View

    Tips for Persuading Others To Your Point of View
    I came across this article by a Dr. Travis Bradbury entitled "Powerful Habits of Super Persuasive People" that I thought was worth sharing.Whether you are attempting to persuade an opposing counsel or party to settle a matter with you,…
Rank this Week: 326

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
  • Sep 20

    Appellate judge Alex Kozinski addresses the dangers of unsettled science in the courtroom

    Appellate judge Alex Kozinski addresses the dangers of unsettled science in the courtroom
    Or, as the headline over Judge Kozinski’s opinion piece in today’s Wall Street Journal calls it, “voodoo science.” And what this justice on the Ninth Circuit Court of Appeals (a federal appellate court)…
  • Sep 16

    Will appeals lawyers be replaced by computers?

    Will appeals lawyers be replaced by computers?
    Technology has been displacing low-wage and less-skilled workers for a long time. Is it time for white collar professionals – including lawyers – to fear they are next? At  The American Interest blog: “Venture…
  • Sep 7

    Second District Court of Appeal to implement TrueFiling e-filing system in late 2016

    Second District Court of Appeal to implement TrueFiling e-filing system in late 2016
    According to a notice I received today from the California Appellate Project: The clerk of the 2nd District Court of Appeal has asked us to inform the panel that True Filing will be available in this district beginning in November.  For…
Rank this Week: 350

Tennessee Defense Litigation

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/
Rank this Week: 399

Asset Search Blog

Asset Search Blog

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

http://www.assetsearchblog.com/
  • Aug 21

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.
    The August 5th Bloomberg article “This Company Has Built a Profile on Every American Adult,” brings up IDI,Inc. The article suggests that IDI has built a profile about you on its idiCore database. Private…
  • Jul 25

    Divorce & Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset

    Divorce & Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset
    Plastic surgeon Michael D. Brandner & business owner Goderick Augustus Benjamin were accused of committing federal crimes & hiding assets from their wives. Like Dr. Brandner & Mr. Benjamin, Steven Zinnel was a divorcing…
  • Jul 4

    A Laundry List For An Asset Search

    A Laundry List For An Asset Search
    Governmental authorities follow money trails in order to interdict assets hidden by narco-traffickers; money launderers; Ponzi schemers; tax fraudsters & other determined criminals. During your asset search, you can similarly follow…
Rank this Week: 338

Texas Causes of Action Blawg

Texas Causes of Action Blawg

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

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

    Laches explained (equitable remedy)

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

    Right to an offset is an affirmative defense

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

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

    OAG v Weatherspoon (Tex 2015) Texas Supreme Court keeps whittling away at Whistleblower protection
    Supreme Court Justices continue to dismantle the Texas Whistleblower Act  Comment on Office of the Attorney General v Ginger Weatherspoon, No. 14-0582 (Tex. Sep. 18, 2015)  Here we go again. In an opinion handed down last…
Rank this Week: 289

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • May 26

    Judge: Still No to Obama Immigration Action

    Judge: Still No to Obama Immigration Action
    A federal judge in Texas early this week refuses to lift an injunction blocking the Obama administration’s immigration policy to defer deportations for illegal immigrants living in the United States. Andrew Hanen, a U.S. district judge,…
  • May 26

    Art Activists: New York City Halted Museum Protest Speech

    Art Activists: New York City Halted Museum Protest Speech
    Several art activists filed a federal suit against New York City and claimed their First Amendment rights were being violated during last year’s Metropolitan Museum of Art protest. The plaintiffs utilized mobile video projectors to show…
  • May 25

    Court of Appeals Allows Reprieve for Tobacco Firms on Package Message

    Court of Appeals Allows Reprieve for Tobacco Firms on Package Message
    The tobacco industry won’t have to include messages on their packaging indicating of them lying to American public, according to a federal court of appeals ruling in Washington, D.C. The federal court of appeals last week ruled that tobacco…
Rank this Week: 367

Federal Civil Practice Bulletin

Federal Civil Practice Bulletin

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

http://federalcivilpracticebulletin.blogspot.com/
Rank this Week: 366

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
Rank this Week: 924

Litigation Consulting Report

Litigation Consulting Report

Covers trial presentation theory, trial graphics designs, trial technician recommendations and jury research methodologies. By A2L Consulting.

http://www.a2lc.com/blog/
  • Sep 23

    Last Day to Vote: Best of Legal Times 2016

    Last Day to Vote: Best of Legal Times 2016
    by Ken LopezFounder/CEOA2L Consulting
  • Sep 14

    [Free Download] Trial Lawyer’s Guide to Jury Consulting & Mock Trial

    [Free Download] Trial Lawyer’s Guide to Jury Consulting & Mock Trial
    by Ken LopezFounder/CEOA2L Consulting Today, we are publishing our latest free book -- A Trial Lawyer's Guide to Jury Consulting and Mock Trials. This free 328-page book is based on the idea that even after some decades in which jury…
  • Aug 22

    Business Development – The A2L Way

    Business Development – The A2L Way
    by Ken LopezFounder/CEOA2L Consulting I have always been deeply involved in and passionate about business development. It was this passion that made it possible for me to build A2L from the ground up in the early 1990s. Building a…
Rank this Week: 654

Court Technology and Trial…

Court Technology and Trial Presentation Blawg

Covers court and trial technology, and trial presentation. By Ted Brooks.

http://trial-technology.blogspot.com/
  • Sep 23

    No Bull

    No Bull
    If you happened to catch the premiere episode of "Bull” this past Tuesday night on CBS, you may have an opinion and understanding of modern jury consulting. Then again, you might have a somewhat inaccurate perception of what can…
  • Sep 15

    Trial Technology in Silicon Valley

    Trial Technology in Silicon Valley
    In preparing recently for a Silicon Valley trial, I had an opportunity to check out our courtroom. Well, I should say, I made an opportunity, as we typically want to know of any potential “surprises” before they become…
  • Aug 5

    Trial Tech Tips - Electronic Exhibit Sticker

    Trial Tech Tips - Electronic Exhibit Sticker
    Trial Tech Tips - Electronic Exhibit StickersSince most courts prefer to have parties pre-mark their trial exhibits these days, we typically create a PDF set of trial exhibits with electronic stickers on the first page. These can easily be…
Rank this Week: 613

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 881

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Sep 20

    5 Potential MDLs To Watch This September

    5 Potential MDLs To Watch This September
    This year, several companies that provide widely familiar goods and services including Uber, Chrysler, Roundup, Johnson & Johnson... Read More The post 5 Potential MDLs To Watch This September appeared first on The Expert Institute.
  • Sep 20

    Pulmonary Embolus in the Hospital Setting – A Primer for Attorney

    Pulmonary Embolus in the Hospital Setting – A Primer for Attorney
    Pulmonary embolus is defined as a condition in which a foreign material travels to the lung blood vessels... Read More The post Pulmonary Embolus in the Hospital Setting – A Primer for Attorneys appeared first on The Expert Institute.
  • Sep 13

    5 Must-Ask Questions When Choosing a Product Liability Expert

    5 Must-Ask Questions When Choosing a Product Liability Expert
    In the world of product liability cause of actions, an expert witness can make or break the case.... Read More The post 5 Must-Ask Questions When Choosing a Product Liability Expert appeared first on The Expert Institute.
Rank this Week: 615

California Business Litigation…

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/
  • Sep 16

    ACLU Sues School District Over Handcuffing of Seven Year-Old

    ACLU Sues School District Over Handcuffing of Seven Year-Old
    A lawsuit has been launched by the ACLU against Kansas City Public Schools. In the complaint, the plaintiff alleges that a seven year-old child, who weighed less than 50 pounds and was not even four feet tall, was handcuffed before being led…
  • Sep 9

    Morgan Stanley’s Employees Sue Over Bad 401(k) Investment

    Morgan Stanley’s Employees Sue Over Bad 401(k) Investment
    With approximately 60,000 employees participating in its 401(k) program, Morgan Stanley should be positioned to offer an outstanding retirement investment package. However, a group of employees is now seeking class action status as they sue…
  • Aug 25

    Whistleblowers Receive$11 Million Settlement Against Marinello Schools of Beauty

    Whistleblowers Receive$11 Million Settlement Against Marinello Schools of Beauty
    From outward appearances, the 56 campuses of the Marinello Schools of Beauty were profitable and successful. However, the Department of Education believed that school administrators had engaged in an ongoing and systematic program of…
Rank this Week: 684

Legally Speaking Ohio

Legally Speaking Ohio

Provides commentary and analysis on cases going in front of the Supreme Court of Ohio. By Marianna Bettman.

http://www.legallyspeakingohio.com
Rank this Week: 683

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Sep 16

    Extension of fixed fee

    Extension of fixed fee
    Those hoping that the fallout from Brexit would kick any further costs reforms into the long grass are likely to be disappointed. The government has announced: “More needs to be done to control the costs of civil cases so they are…
  • Jul 26

    Timing of orders for interim costs payment

    Timing of orders for interim costs payment
    I have previously commented on the issue of the timing of orders for interim costs payments. CPR 44.2(8) reads: “Where the court orders a party to pay costs subject to detailed assessment, it will order that party to pay a reasonable…
  • Jul 24

    Offers in detailed assessment proceeding

    Offers in detailed assessment proceeding
    On Day One of Contract Law they teach you that if a party makes an offer (“Offer A”) and the other party rejects the offer, the rejection of the offer means Offer A is no longer open for acceptance in the future. They also teach…
Rank this Week: 884

A Winning Tip

A Winning Tip

Features trial tips from a trial consultant. By Dr. Noelle Nelson.

http://awinningtip.blogspot.com/
  • Aug 31

    Don’t Bust Your Credibility with Unconscious Mannerisms!

    Don’t Bust Your Credibility with Unconscious Mannerisms!
    Every second you are in the courtroom, jurors are looking at you, judging you, spontaneously coming to conclusions about your competence and credibility based solely on their in-the-moment perceptions.Because jurors have no way of knowing you…
  • Jul 29

    Counter the Greedy Corporate Client Perception with Stories of Care

    Counter the Greedy Corporate Client Perception with Stories of Care
    Whether your corporate client is the plaintiff or the defendant, you are up against the public perception of corporations as greedy, uncaring entities whose only motive in any and all situations is profit-profit-profit.Nothing new there. And…
  • Jun 30

    Tailor Your Approach to the Deponent Based on Choice, Not Habit

    Tailor Your Approach to the Deponent Based on Choice, Not Habit
    How you approach a witness in deposition has everything to do with how they are likely to respond. If you adopt an aggressive style, you will probably be met with one of two possible responses: either the deponent will fight back, getting…
Rank this Week: 850

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
  • Aug 28

    Remembering is resisting

    Remembering is resisting
    I gave a short talk on the politics of digital memorialisation through personal archives at Colomboscope 2016 on a panel titled ‘Rendering Realities’, moderated by Subha Wijesiriwardena. The festival’s description of my…
  • Aug 16

    Whatsapp during a live protest

    Whatsapp during a live protest
    Not for the first time, I relied very heavily on WhatsApp in covering the Different Yet Equal vigil in Colombo, and the resulting drama. Updates sent to the Groundviews WhatsApp group (which at the time of writing this has over one hundred…
  • Aug 16

    Sinhale’s crisis of legitimacy

    Sinhale’s crisis of legitimacy
    Though this poster is very easily debunked, the intent is clear. It is not just aimed at discrediting those who organised the vigil. The purpose it serves is larger and holds currency for longer. The intent here is to mislead and spread hate…
Rank this Week: 428

Western Canada Business Litigation…

Western Canada Business Litigation Blog

Covers issues emerging in the legal and business communities. By Lawson Lundell LLP.

http://www.westerncanadabusinesslitigationblog.com/
  • Aug 4

    New Real Estate Tax Leads to Collapsed Deal

    New Real Estate Tax Leads to Collapsed Deal
    The provincial government’s new 15 per cent tax on foreign purchasers of residential property is the talk of the town in Metro Vancouver.  While many local residents have spent the last several days debating about the likely effect…
  • Jun 14

    Supreme Court safeguards solicitor-client privilege from requests under the Income Tax Act

    Supreme Court safeguards solicitor-client privilege from requests under the Income Tax Act
    In companion cases released on June 3, 2016, the Supreme Court of Canada (the “SCC”) confirmed the central importance of solicitor-client privilege to the rule of law in Canada. In Canada (National Revenue) v. Thompson, 2016 SCC…
  • May 25

    Disclosure Obligations in Residential Real Estate Transaction

    Disclosure Obligations in Residential Real Estate Transaction
    The residential real estate market in the Lower Mainland is incredibly active. Prices continue to rise by significant amounts in a matter of weeks, sometimes days. Stories abound of bidding wars and sales without subject clauses. Out of…
Rank this Week: 516

DRI Today

DRI Today

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

http://forthedefense.org/Default.aspx
  • Jun 16

    Insured’s False Statements Lead to No Coverage

    Insured’s False Statements Lead to No Coverage
    An insurer does not have to provide coverage when the insured’s business operation and use of the premises was not in accordance with that listed on the insurance application. In Nationwide Mutual Fire Insurance Co. v. Almco Ltd., a…
  • Jun 6

    Selecting Client

    Selecting Client
    I am not above revisiting a topic.  It can be like jury work where you need to tell them three times and then show them the visual of the same.  So, I say again you should be selecting which clients you will represent with conscious…
  • Apr 15

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated
    The California Court of Appeal for the Fourth District recently held in Underwriters of Interest Subscribing Policy Number A15274001 v. ProBuilders Specialty Insurance Company that the statute of limitation on the insurer’s equitable…
Rank this Week: 841

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/
  • Sep 22

    Comcast Bungles Telephone Number

    Comcast Bungles Telephone Number
    If you called my office the last couple of days, you got a recorded message saying you reached a number that is no longer in service. That’s true — it is no longer in service. Temporarily anyway, until Comcast fixes a…
  • Sep 22

    Comcast Bungles Telephone Number

    Comcast Bungles Telephone Number
    If you called my office the last couple of days, you got a recorded message saying you reached a number that is no longer in service. That’s true — it is no longer in service. Temporarily anyway, until Comcast fixes a…
  • Aug 2

    Curing Writer’s Block With Oscar Peterson

    Curing Writer’s Block With Oscar Peterson
    Overwhelmed by the white screen? Let Oscar Peterson’s piano massage your creative synapses with this 1964 version of C Jam Blues. (Ray Brown on bass and Ed Thigpen on drums.) And remember this tried and true method to forge through…
Rank this Week: 666

The Florida Jury Selection Blog

The Florida Jury Selection Blog

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

http://www.juryblog.com
  • May 12

    “I don’t believe in the jury system”

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

    Fundamental Error to Restrict Lawyer’s Questions During Voir Dire

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

    How to Save a Potentially Contaminated Jury Panel

    How to Save a Potentially Contaminated Jury Panel
    During jury selection in a civil trial a prospective juror stated in open court that he was familiar with one of the defendant’s expert medical witnesses. The juror said the expert had “kind of screwed-up my dad’s…
Rank this Week: 718

Expert Witness Guru's Blog

Expert Witness Guru's Blog

Covers rulings, news and marketing strategies for expert witnesses.

http://expertwitnessguru.com/blog/
  • Apr 20

    Fall protection expert witness helps car hauler survive summary judgment

    Fall protection expert witness helps car hauler survive summary judgment
    A fall protection expert witness recently came to the rescue of a car hauler suing a truck manufacturer for negligence and helped him survive summary judgment. Although the expert did not have any formal education on fall protection, the…
  • Feb 24

    Product design expert witness allowed to testify on “ultimate issue” of infringement

    Product design expert witness allowed to testify on “ultimate issue” of infringement
    In this patent infringement suit regarding the design of a particular inner garment (Branovations, Inc. v. Ontel Products Corp.) the Florida district court ruled that simplicity of technology may negate need for expert testimony, but does not…
  • Feb 23

    Prosecution for pedicure – infectious disease expert witness testifie

    Prosecution for pedicure – infectious disease expert witness testifie
    An infectious disease expert witness was recently called on board in Hoff v. Steiner Transocean, Ltd. to testify about the source of infection on the Plaintiff’s feet, which, Plaintiff asserted, was caused by a pedicure he had on a…
Rank this Week: 422

The Briefcase

The Briefcase

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

http://www.briefcase8.com/
  • Feb 28

    Friday Roundup

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

    My latest experiences with the burning bush

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

    An unlikely story

    An unlikely story
    Every trial is a story.  The prosecution has a story.  The defense has a story.  Oftentimes, the defense story is nothing more than that the prosecution hasn't proved their story beyond a reasonable doubt. The prosecution's…
Rank this Week: 781

Ross' Arbitration Blog

Ross' Arbitration Blog

Covers labor and employment arbitration. By Ross Runkel.

http://www.lawmemo.com/arbitrationblog/
  • Nov 26

    NLRB arbitration deferral to change?

    NLRB arbitration deferral to change?
  • May 20

    Arbitrator improperly imposed class arbitration

    Arbitrator improperly imposed class arbitration
    The 5th Circuit has held that an arbitrator improperly imposed class arbitration where the agreement was silent on that point. The dispute must be arbitrated, but on an individual basis rather than as a class action. Reed v. Florida Metro…
  • Jan 22

    NLRB arbitration deferral to change?

    NLRB arbitration deferral to change?
    Here is the NLRB's January 20 press release, announcing the General Counsel's intent to try to get the Board to change its arbitration deferral policy: Citing concerns about delays in processing grievances through parties’…
Rank this Week: 895

Wines and Information Management…

Wines and Information Management (WIM)

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

http://dominicjaar.blogspot.com/
Rank this Week: 472

Appellate Law & Practice

Appellate Law & Practice

Covers appellate law and advocacy.

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

    Giving it up.

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

    CA1: large law firm loses case on behalf of client

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

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

    CA1: It’s official. Everything is mail fraud.
    US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, “mail fraud”). The first says that pretty…
Rank this Week: 790