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Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • May 23

    Circuit Split: Looking Beyond The Record In Administrative Proceeding

    Circuit Split: Looking Beyond The Record In Administrative Proceeding
    U.S.ICELogo.svg_.png The Ninth Circuit joins the Third, Fourth and Eleventh Circuits in rejecting an Immigration Judge's look outside the record to determine if an acknowledged conviction was one "involving moral turpitude"…
  • May 21

    Authenticating Recorded Conversation

    Authenticating Recorded Conversation
    SeventhCircuitSeal.png Seventh Circuit highlights two options to authenticating recorded conversations and voice identification, in a case where the recordings were obtained by a cooperating witness and provided to law…
  • May 21

    Assessing Lay Witness “Helpfulness” To A Jury Of Defendant’s Peer

    Assessing Lay Witness “Helpfulness” To A Jury Of Defendant’s Peer
    Reel-to-reel_1.JPG In conspiracy to distribute cocaine trial, admitting law enforcement lay testimony identifying the defendant’s voice as helpful to “this particular jury, sitting in Massachusetts”…
Rank this Week: 448

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/
  • May 23

    "Relief from Forfeiture" under the Civil Forfeiture Act

    "Relief from Forfeiture" under the Civil Forfeiture Act
    Posted by Peter RobertsEarlier this year, I blogged about the civil forfeiture case of B.C. (Director of Civil Forfeiture) v. Wolff.  That appellate decision set guidelines for the trial courts on what and how to consider the…
  • May 21

    How should a Strata Deal with the Owner from Hell? - Part 3

    How should a Strata Deal with the Owner from Hell? - Part 3
    Posted by Peter RobertsIn my January 2012 and July 2012 blog posts, I discussed the ongoing saga of the Jordisons, arguably the epitome of strata owners from hell.  For a period of years, the Jordisons continually behaved…
  • May 1

    Is it a Fixture or is it a Chattel?

    Is it a Fixture or is it a Chattel?
    Posted by Peter RobertsLandlords, tenants and law students all wrestle over what it means to be a fixture as opposed to a chattel.  It matters to landlords because, at the end of a tenancy, fixtures can become their property and enhance…
Rank this Week: 2140

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • May 23

    Good Faith Would Not Defeat False Opinion Claim Under Securities Act, Sixth Circuit Hold

    Good Faith Would Not Defeat False Opinion Claim Under Securities Act, Sixth Circuit Hold
    The Sixth Circuit split with the Second and Ninth Circuits today on what a plaintiff must plead under section 11 of the Securities Act of 1933 in cases that involve opinions, views, and other "soft" info. The panel looked at...
  • May 21

    Using Amateur Athlete's Avatar in Video Game Could Violate Right of Publicity, Third Circuit Rule

    Using Amateur Athlete's Avatar in Video Game Could Violate Right of Publicity, Third Circuit Rule
    Electronic Arts, Inc., makes video games, including the NCAA Football series. EA put an avatar of Ryan Hart, an ex-quarterback at Rutgers, in the series. Hart sued EA for "violating his right of publicity as recognized under New Jersey…
  • May 20

    WSJ Equates Filing Empty Seats with Court-Packing

    WSJ Equates Filing Empty Seats with Court-Packing
    About 76 years ago, President Franklin D. Roosevelt hatched a plan for bending to his will a recalcitrant and obstructive (by his lights) U.S. Supreme Court. The Court at the time consisted of seven Republican appointees and two Democratic…
Rank this Week: 445

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • May 23

    "Court hears Hobby Lobby's challenge to part of health-care law"

    "Court hears Hobby Lobby's challenge to part of health-care law"
    "Court hears Hobby Lobby's challenge to part of health-care law": The Denver Post has this news update. The Oklahoman has a news update headlined "Hobby Lobby argues case before federal judges; Attorneys for the Oklahoma City retailer…
  • May 23

    "Senate Confirms a Judge, but Rancor Remains"

    "Senate Confirms a Judge, but Rancor Remains"
    "Senate Confirms a Judge, but Rancor Remains": This article will appear in Friday's edition of The New York Times. The Washington Post reports that "Sri Srinivasan confirmed to serve on influential U.S. appeals court for D.C. Circuit." The…
  • May 23

    "Broad limit on appointments urged"

    "Broad limit on appointments urged"
    "Broad limit on appointments urged": Lyle Denniston has this post at "SCOTUSblog."
Rank this Week: 10

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/
  • May 23

    "Secondary Market Annuity" / "InForce Structured Annuity" Disclosure

    "Secondary Market Annuity" / "InForce Structured Annuity" Disclosure
    The financial products that are referred to as Secondary Market Annuities and Inforce Annuities ARE NOT ANNUITIES and a company that markets such products to investors admits that in this excerpt... This is a content summary only. Please…
  • May 22

    Targets of Settlement Purchasing Companies: It's All "Relative"

    Targets of Settlement Purchasing Companies: It's All "Relative"
    Settlement purchasers are known for ad buys in so-called "unemployment TV" This is a content summary only. Please click on the title for the full content, If you find yourself on FAEMM community, back out and type in www.…
  • May 20

    Genex Capital "Operative" Spammed Answers.com to Try To Penalize JG Wentworth

    Genex Capital "Operative" Spammed Answers.com to Try To Penalize JG Wentworth
    Vancouver based Genex Capital must have it out for JG Wentworth to pull this stunt after another website it uses for lead generation promotes Genex officer hosted complaint pages against J.G.... This is a content summary only. Please click on…
Rank this Week: 166

Dispute Resolution in Germany

Dispute Resolution in Germany

Covers litigation, arbitration and mediation in Germany. By Peter Bert.

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

    Don’t Mention the War – On England, Germany and Football

    Don’t Mention the War – On England, Germany and Football
    Occasionally on this blog, we mention football (and here and here). And occasionally, we mention Monthy Python. The old English cliches about German krauts, however, appear to be fading away, thanks to a strange combination of…
  • May 22

    Human Rights, Flattr and amnesty international

    Human Rights, Flattr and amnesty international
    Dispute Resolution Germany is supporting amnesty international.     You may have noticed that there is a new “flattr” button on the website. If you “flattr” on Dispute Resolution Germany, I will…
  • May 16

    Porsche Hedge Fund Litigation: New York, Braunschweig – Now It’s Stuttgart Again

    Porsche Hedge Fund Litigation: New York, Braunschweig – Now It’s Stuttgart Again
    We had reported earlier that Porsche had struck a deal with some of the New York hedgde fund claimants to discontinue their US actions. In return, Porsche had agreed not to invoke the statute of limitation if the actions were ……
Rank this Week: 917

Trial Advocacy Blog

Trial Advocacy Blog

Focuses on trial advocacy. From Temple University's Beasley School of Law.

http://indexhtml.blogspot.com/
  • May 23

    March/April 2013 Law Library Acquisitions List

    March/April 2013 Law Library Acquisitions List
    AbortionAbortion in the United States : a compilation of federal and state laws / edited by Tobe Liebert .Buffalo, NY : William S. Hein, 2013.KF9315 .A3 2013Administrative LawA guide to federal agency rulemaking / Jeffrey S. Lubbers.Lubbers,…
  • Apr 8

    Temple Law Professor and Juvenile Lifer Ruling

    Temple Law Professor and Juvenile Lifer Ruling
    Professor Sarah Jacobson was quoted in Paula Reed Ward's recent article about Jeffrey Cristina, who was found guilty of second-degree murder and robbery.  He was 17 years old and faced a mandatory prison term of life without parole --…
  • Mar 6

    January/February 2013 Law Library Acquisitions List

    January/February 2013 Law Library Acquisitions List
    Administrative LawRegulation : why and how the state regulates / by Barak Orbach.[New York, NY] : Foundation Press, 2013.KF5402.O73 2013 AntitrustDOJ civil antitrust practice and procedure manual / [editor, Kenneth M. Vorrasi].Chicago, Ill. :…
Rank this Week: 181

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/
  • May 23

    Federal Judge Decides in Facebook's Favor in Typosquatting Case: Awards $2.8 Million

    Federal Judge Decides in Facebook's Favor in Typosquatting Case: Awards $2.8 Million
    As technology evolves and society relies more and more on the Internet for work and play, scam artists seem to dream up increasingly creative ways to derive a profit from it. Most regular Internet users have become familiar with the term…
  • May 17

    Retaliation Lawsuit Filed After Social Media Posting

    Retaliation Lawsuit Filed After Social Media Posting
    Sometimes, social media, employers and workers just shouldn’t mix. At least, that’s the logical conclusion in the case of a lawsuit filed by former employees of Coyote Ugly Saloon. The trouble began when several current and…
  • May 9

    High School Teacher Files an Appeal in Case of Social Media Related Resignation

    High School Teacher Files an Appeal in Case of Social Media Related Resignation
    A legal quagmire in Georgia over a teacher, her Facebook profile and student access to that profile is deepening. The tale starts at the beginning of the 2009 school year when Ashley Payne, a high school English teacher, befriended a student…
Rank this Week: 892

New Jersey Attorney Law Review…

New Jersey Attorney Law Review Blog

Reviews published and unpublished civil law decisions of importance issued by the New Jersey Appellate Division and New Jersey Supreme Court. By Glenn Reiser.

http://newjerseylawreview.blogspot.com/
  • May 23

    Home Improvement Contracts: The Nuts and Bolts of New Jersey's Regulatory Requirement

    Home Improvement Contracts: The Nuts and Bolts of New Jersey's Regulatory Requirement
    New Jersey has strict rules when it comes to home improvement contracts in excess of $500, the overriding purpose of which is to protect consumers from unscrupulous contractors.  The New Jersey Administrative Code §…
  • May 21

    New Jersey Appeals Court Spares Eviction of 89-Year Old Blind Man

    New Jersey Appeals Court Spares Eviction of 89-Year Old Blind Man
    In an unpublished decision issued on May 21, 2013, a New Jersey appeals court held that a landlord was not entitled to evict his residential tenant, an 89-year old blind man with diabetes, because of the tenant's refusal to sign a new…
  • May 16

    What is Wrong With Our Judicial System?

    What is Wrong With Our Judicial System?
     I couldn't find a better example to illustrate the problem with our judicial system.  In a recently unpublished decision of the New Jersey Appellate Division,  Hernandez v. North Jersey Neurosurgical Associates, Superior…
Rank this Week: 1251

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/
Rank this Week: 1840

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

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

    Take Control of Your Lawsuit and Your Life

    Take Control of Your Lawsuit and Your Life
    Reaching a settlement and just compensation in a personal injury lawsuit can take years – time many cash-strapped plaintiffs do not have. For those who need to make ends meet as they wait for a fair outcome of their case,…
  • May 21

    Attorney Supports Lawsuit Funding for Plaintiffs Seeking Justice

    Attorney Supports Lawsuit Funding for Plaintiffs Seeking Justice
    "My client was being offered $200,000 on a case I knew was worth at least $700,000, but they didn't have the financial means to wait for a fair settlement. Lawsuit Financial provided an initial lawsuit cash advance of $5,000 and an…
  • May 21

    Lawsuit Funding Can Help Victims of Faulty Valve Explosion at Paper Mill

    Lawsuit Funding Can Help Victims of Faulty Valve Explosion at Paper Mill
    May 19, 2012 began like any other Saturday morning for four employees of the Resolute Forest Products paper mill near the Catawba River. The three men and their supervisor were to work on a fiber line that soaks wood chips into pulp using…
Rank this Week: 1052

Class Action Defense Review

Class Action Defense Review

Covers the defense of class action lawsuits. By Cozen O'Connor.

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

    When Incentive Payments to Class Representatives Come With Strings Attached

    When Incentive Payments to Class Representatives Come With Strings Attached
    It is not uncommon for class action settlements to include an “incentive award” for class representatives for their service to the class in bringing the lawsuit. Neither is it uncommon for courts to approve such settlements, so…
  • Apr 16

    Supreme Court Blesses "Pick Off" Attempts in FLSA Actions...or Does It?

    Supreme Court Blesses "Pick Off" Attempts in FLSA Actions...or Does It?
    The Supreme Court held today that a collective action under the Fair Labor Standards Act may not continue if a defendant, prior to conditional certification, has mooted the named plaintiff’s case through an offer of full relief. Four…
  • Apr 2

    Supreme Court Continues to Push the Envelope for Merits Determination

    Supreme Court Continues to Push the Envelope for Merits Determination
    The Supreme Court’s 5-4 decision last week to overturn the certification of a class of cable television subscribers is extraordinary—not because it continues the Court’s exhortations to lower courts to make merits…
Rank this Week: 3064

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • May 23

    Judge Minora of Lackawanna County Addresses Standard to Join Additional Defendant

    Judge Minora of Lackawanna County Addresses Standard to Join Additional Defendant
    In his recent decision in the case of Montana v. Oakford Wood Home Owners Assn., No. 2012-CV-236 (C.P. Lacka. Co. 2013 Minora, J.), Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas granted an original Defendant's Motion…
  • May 23

    An Oldie But Goodie

    An Oldie But Goodie
    I recently came across another decision from the past in which a trial court addressed the issue of Medicare lien payments possibly holding up the resolution of a civil litigation settlement. In his 2011 decision in the case of Mackrides…
  • May 22

    District Magistrate Judge James Gibbons Wins Both Primaries for Lackawanna County Court of Common Pleas Judge

    District Magistrate Judge James Gibbons Wins Both Primaries for Lackawanna County Court of Common Pleas Judge
    District Magisterial Judge James Gibbons, 55, prevailed in both the Democratic and Republican primary elections for the open Lackawanna County Court of Common Pleas Judge position. The spot on the bench opened up when Judge Chester…
Rank this Week: 294

Expert Witness Blog

Expert Witness Blog

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

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

    Patent Protection Expert Witnesses & "Patent Trolls"

    Patent Protection Expert Witnesses & "Patent Trolls"
    Patent protection expert witnesses may write reports on software patents, invention patents, patentability requirements, license agreements, and correlated matters. In Startups and Patent Trolls, Santa Clara University Assistant Professor of…
  • May 22

    Petroleum Engineering Expert Witnesses & FERC

    Petroleum Engineering Expert Witnesses & FERC
    Petroleum engineering expert witnesses may consult on petrochemical engineering, horizontal drilling, and enhanced oil recovery. In Competing Views on the Permissible Scope of In-House Expert Witness Discovery at FERC: Without Guidance, FERC…
  • May 21

    Physical Therapy Expert Witnesse

    Physical Therapy Expert Witnesse
    Physical therapy expert witnesses found here may testify regarding the use of therapeutic exercise, manipulations, massage therapy, body therapy, and bodywork. In Special Considerations in Cases of Trauma, The Ethics of Touch, a book on…
Rank this Week: 98

E-Discovery Beat

E-Discovery Beat

Covers electronic discovery. By Exterro.

http://www.exterro.com/e-discovery-beat/
  • May 23

    4th Circuit Follows 3rd Circuit’s Lead Concerning 28 U.S.C. §1920(4)

    4th Circuit Follows 3rd Circuit’s Lead Concerning 28 U.S.C. §1920(4)
    By Mike Hamilton, J.D. In the ongoing saga of defining whether “costs” under 28 U.S.C. §1920(4) include e-discovery-related expenses (e.g. collection, processing and review), the 4th Federal Circuit has provided some clarity.…
  • May 21

    EDRM Kicks Off 2013 Annual Meeting with an Eye Towards the Big Picture

    EDRM Kicks Off 2013 Annual Meeting with an Eye Towards the Big Picture
    Earlier this month, EDRM held its 9th annual kickoff meeting in St. Paul, Minn. Bob Rohlf, Exterro’s E-Discovery Counsel, and Tom Cohen, Exterro’s Channel Manager, attended the meeting and spoke with the E-Discovery Beat editors…
  • May 20

    Judge Scheindlin Orders Production of Documents from Bank of China and more E-Discovery News of the Week

    Judge Scheindlin Orders Production of Documents from Bank of China and more E-Discovery News of the Week
    E-Discovery Law Alert: Judge Scheindlin Weighs Comity Concerns and Orders Production of Documents from Bank of China Despite Violation of Chinese Laws Inside Counsel: Legal privilege and the challenge of technology Corporate Counsel: 6 Things…
Rank this Week: 1100

DRI Today

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx
  • May 23

    Ethics in the Virtual Office

    Ethics in the Virtual Office
    Attorneys who practice out of the “virtual” office are becoming more common. Perhaps it is the overhead costs deterring some from shelling out for a physical address, or the ease with which one can practice entirely online, or…
  • May 20

    Employers Challenging the Authority of NLRB

    Employers Challenging the Authority of NLRB
    With the DC Circuit having invalidated President Obama’s recess appointments to the National Labor Relations Board, employers are finding increasingly more ways to challenge the Board’s authority to act. The Court’s decision…
  • May 17

    Thoughts on the Supreme Court’s Long Awaited Decision Regarding Patent Exhaustion: Monsanto V. Bowman, -- S.CT. -- (2013)

    Thoughts on the Supreme Court’s Long Awaited Decision Regarding Patent Exhaustion: Monsanto V. Bowman, -- S.CT. -- (2013)
    In a unanimous decision, the Supreme Court affirmed both the lower court and Federal Circuit decisions rejecting Bowman’s patent exhaustion defense relating to his harvesting of second generation soybean seeds featuring Monsanto’s…
Rank this Week: 1211

For the Defense

For the Defense

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

http://forthedefense.org/ftd.aspx
  • May 23

    Ethics in the Virtual Office

    Ethics in the Virtual Office
    Attorneys who practice out of the “virtual” office are becoming more common. Perhaps it is the overhead costs deterring some from shelling out for a physical address, or the ease with which one can practice entirely online, or…
  • May 20

    Employers Challenging the Authority of NLRB

    Employers Challenging the Authority of NLRB
    With the DC Circuit having invalidated President Obama’s recess appointments to the National Labor Relations Board, employers are finding increasingly more ways to challenge the Board’s authority to act. The Court’s decision…
  • May 17

    Thoughts on the Supreme Court’s Long Awaited Decision Regarding Patent Exhaustion: Monsanto V. Bowman, -- S.CT. -- (2013)

    Thoughts on the Supreme Court’s Long Awaited Decision Regarding Patent Exhaustion: Monsanto V. Bowman, -- S.CT. -- (2013)
    In a unanimous decision, the Supreme Court affirmed both the lower court and Federal Circuit decisions rejecting Bowman’s patent exhaustion defense relating to his harvesting of second generation soybean seeds featuring Monsanto’s…
Rank this Week: 719

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/
  • May 23

    Top Shelf May Be Bottom Shelf

    Top Shelf May Be Bottom Shelf
    Restaurants love to tell people that “you get what you pay for.”  Sometimes this just isn’t true.  New Jersey State authorities just busted thirteen different TGI Fridays locations for allegedly passing off cheap…
  • Apr 5

    Supple Joint Drinks Cannot Rebuild Your Cartilage

    Supple Joint Drinks Cannot Rebuild Your Cartilage
    Millions of adults in the United States live with arthritis, a disease involving the breakdown of cartilage in joints, or other orthopedic disorders in which cartilage in joints is broken down over time and causes bones in those joints to…
  • Mar 20

    Delivery Drivers Must Be Reimbursed

    Delivery Drivers Must Be Reimbursed
     Meiselman, Packman, Nealon, Scialabba & Baker P.C. (MPNSB) continues to actively investigate potential class action lawsuits on behalf of delivery drivers for Dominos, Pizza Hut, Papa Johns and other restaurants or businesses.…
Rank this Week: 1435

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/
  • May 23

    Avoid Distractions on the Stand

    Avoid Distractions on the Stand
    By Dr. Ken Broda-Bahm: The witness sits in the box. As counsel continues to fashion a question, what is running through that witness's mind? "Where is the attorney going with this? I still haven't had a chance yet to talk about all of…
  • May 20

    Never Rely on Self-Diagnosis of Bia

    Never Rely on Self-Diagnosis of Bia
    By Dr. Ken Broda-Bahm: Think of the situations where self-diagnosis wouldn't work very well: A police officer asking, "Do you think you were speeding?" or a doctor inquiring, "Do you believe your cancer is in remission?"…
  • May 16

    Counter the Cheap Shot

    Counter the Cheap Shot
    By Dr. Ken Broda-Bahm: It happens sometimes in an argument: You know the claim you're hearing is false, but you also know that it sounds like it could be true, and it'll be a lot harder to refute the argument than it was to make it in the…
Rank this Week: 2302

Lawsuit Reform Watch

Lawsuit Reform Watch

Covers civil justice reform issues in New Jersey. By the New Jersey Lawsuit Reform Alliance.

http://www.lawsuitreformwatch.org/
Rank this Week: 1359

EvidenceProf Blog

EvidenceProf Blog

By John Marshall Law School Professor Colin Miller, with Contributing Editors and Professors David Leonard, Joelle Moreno, and Myrna Raeder

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 1695

Litigation and Trial - Max…

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/
  • May 23

    A Litigator Reviews John Grisham’s The Litigator

    A Litigator Reviews John Grisham’s The Litigator
    © Max Kennerly. The original for this post is A Litigator Reviews John Grisham’s The Litigators at Litigation & Trial Lawyer Blog.A few months ago I was talking with a retired lawyer with a mass tort claim that fit squarely…
  • May 15

    Never Trust A Vampire Squid: Merger Clauses & Fraudulent Inducement

    Never Trust A Vampire Squid: Merger Clauses & Fraudulent Inducement
    © Max Kennerly. The original for this post is Never Trust A Vampire Squid: Merger Clauses & Fraudulent Inducement at Litigation & Trial Lawyer Blog.Rolling Stone’s Matt Taibbi described Goldman Sachs as “a great…
  • May 14

    Software Patents Are “The Plaything Of The Judges”

    Software Patents Are “The Plaything Of The Judges”
    © Max Kennerly. The original for this post is Software Patents Are “The Plaything Of The Judges” at Litigation & Trial Lawyer Blog.Last week, a bunch of banks won a major federal appellate court victory. That’s no…
Rank this Week: 951

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/
Rank this Week: 266

eDiscovery Daily Blog

eDiscovery Daily Blog

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

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

    Google Compelled to Produce Search Terms in Apple v. Samsung – eDiscovery Case Law

    Google Compelled to Produce Search Terms in Apple v. Samsung – eDiscovery Case Law
    In Apple v. Samsung, California Magistrate Judge Paul S. Grewal granted Apple’s motion to compel third party Google to produce the search terms and custodians used to respond to discovery requests and ordered the parties to “meet…
  • May 22

    Litigation 101 for eDiscovery Tech Professionals: Multi-district Litigation (MDL)

    Litigation 101 for eDiscovery Tech Professionals: Multi-district Litigation (MDL)
    Last week’s blog post covered class action litigation – that is, a case that is filed on behalf of a group (or class) of members who have a common grievance or have suffered a common injury. One lawsuit is filed and there is one…
  • May 21

    Welcome to LegalTech West Coast 2013! – eDiscovery Trend

    Welcome to LegalTech West Coast 2013! – eDiscovery Trend
    Today is the start of LegalTech® West Coast 2013 (LTWC) and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. Today, we will provide a description of some of the sessions related to…
Rank this Week: 970

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • May 22

    Burnside headed back to the Sixth Circuit?

    Burnside headed back to the Sixth Circuit?
    Last week in Burnside v. Walters, the Court took the fairly unusual step of granting cert. without having first received a brief from any of the respondents in the case:  the case’s online docket indicates that the Court called for…
  • May 22

    Petition of the day

    Petition of the day
    The petition of the day is:
  • May 22

    Greenhouse gas case explained

    Greenhouse gas case explained
    UPDATE:  The D.C. Circuit Court decision at issue in this case can be read here.  The order denying en banc review, together with opinions issued along with that order, can be found here. —————–…
Rank this Week: 63

Southern California Appellate News

Southern California Appellate News

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

http://socal-appellate.blogspot.com/
  • May 22

    Bizarro: Egregious juror misconduct

    Bizarro: Egregious juror misconduct
    Check out People v. Pizarro for an especially egregious (the court says "criminal") instance of juror misconduct:, in which naughty Juror No. 9 looked up a prior appellate opinion in the murder case that was being retried.What would Client #9…
  • May 22

    Certified Chutzph?

    Certified Chutzph?
    Imagine a defendant removing a case from state to federal court, and then asking the federal court of appeals to certify a question to the state supreme court. Further, imagine that the defendant's request for certification came only after an…
  • May 21

    2d District Pro tem updates (extensions through July)

    2d District Pro tem updates (extensions through July)
    The following are currently sitting on assignment:Judge Edward A. Ferns of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Two until July 31, 2013. Judge Brian M. Hoffstadt of the Los Angeles County Superior…
Rank this Week: 299

Civil Procedure & Federal…

Civil Procedure & Federal Courts Blog

By Professors Robin Effron, Cynthia L. Fountaine, and Adam Steinman

http://lawprofessors.typepad.com/civpro/
  • May 22

    Pereyra and Sunshine on Settlement Rates After Twombly and Iqbal

    Pereyra and Sunshine on Settlement Rates After Twombly and Iqbal
    Victor Abel Pereyra and Benjamin Sunshine, of University of Illinois College of Law, have posted on SSRN their paper Access-to-Justice v. Efficiency: An Empirical Study of Settlement Rates After Twombly and Iqbal. Abstract: A party’s…
  • May 17

    Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal

    Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal
    Now available on the Courts Law section of JOTWELL is an essay by Brooke Coleman (Seattle) entitled Celebrating Civil Rulemaking. It reviews a recent article by Lonny Hoffman (Houston), Rulemaking in the Age of Twombly and Iqbal, which will…
  • May 17

    Meyn on Comparing Civil and Criminal Discovery

    Meyn on Comparing Civil and Criminal Discovery
    Prof. Ion Meyn (Wisconsin) has posted on SSRN a draft of his article Discovery and Darkness: The Information Deficit in Criminal Disputes, which will appear in the Brooklyn Law Review. Here’s the abstract: Scholarship has long recognized a…
Rank this Week: 883

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/
  • May 22

    Swedish Translation Services and Why Many Are Looking North for International Arbitration

    Swedish Translation Services and Why Many Are Looking North for International Arbitration
    We've blogged about legal translation services in the context of international arbitration in France and India. The need for Swedish legal translation services comes up in the context of international arbitration in Sweden. According to a…
  • May 21

    Professional Technical Translation Helps Get on the Same Page with Engineering Client

    Professional Technical Translation Helps Get on the Same Page with Engineering Client
    Technology in the world today is making exciting advances at a rapid pace. New and innovative ideas are being shared around the world, with improvements and innovations in many technical fields. One of the key elements to that advancement is…
  • May 16

    The Verdict Is in: Human Translation Still Far Superior to Machine Translation

    The Verdict Is in: Human Translation Still Far Superior to Machine Translation
    We've compared professional document translation services by professional human translators with the process of challenging computer generated foreign language translations. Machine translation first came into being during the Second World…
Rank this Week: 389

Workplace Class Action Blog

Workplace Class Action Blog

Covers class action litigation issues, including class certification, discovery and defense strategies. By Seyfarth Shaw LLP.

http://www.workplaceclassaction.com/
Rank this Week: 579

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/
Rank this Week: 2717

eDiscovery Service Blog

eDiscovery Service Blog

Covers eDiscovery and computer forensic. By D4 eDiscovery.

http://www.d4discovery.com/e-discoveryserviceblog/
Rank this Week: 2372

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
  • May 22

    Immigration Issues Dos and Don’ts for Job Interview

    Immigration Issues Dos and Don’ts for Job Interview
    There are many subjects that require care when conducting a job interview. Immigration is definitely one of them. Given the increased awareness and sensitivity to immigration status issues, employers need to watch their questions. Although…
  • May 20

    Keep an Eye Toward an Appeal

    Keep an Eye Toward an Appeal
    Trying a case is hard enough, but throughout trial you should also keep in the back of your mind the need to preserve the record for appeal. Why is it so important to pay attention to the record during trial? It all comes down to a major…
  • May 17

    Second Bite at the Apple: How Unregistered Domestic Partners (and Other Cotenants) Can Still Avoid Property Tax Reassessment

    Second Bite at the Apple: How Unregistered Domestic Partners (and Other Cotenants) Can Still Avoid Property Tax Reassessment
    Do you own a house with someone and don’t want to register as domestic partners, but you still want an exclusion from a change in ownership for property tax purposes when you die? Now you can. Here’s how it works. Under Rev &…
Rank this Week: 616

At Counsel Table

At Counsel Table

Covers the craft and business of the courtroom lawyer. By Alex Craigie.

http://atcounseltable.wordpress.com
  • May 22

    Preparing Your Witness For A “Reptile” Deposition

    Preparing Your Witness For A “Reptile” Deposition
    In my last post, I attempted to describe what has come to be known as the Reptile technique of discovery and trial presentation, as advocated in the book, Reptile: the 2009 Manual of the Plaintiff’s Revolution. Again, the goal with…
  • May 20

    Beware The “Reptile” Lawyer

    Beware The “Reptile” Lawyer
    For many, the words “lawyer” and “reptile” are probably synonymous. Since 2009, however, some lawyers have sought to transform the courtroom into a reptilian battleground. That year, attorney Don Keenan and jury…
  • May 13

    Want Clients? Look To Those Who Care About You Most

    Want Clients? Look To Those Who Care About You Most
    One of the first things a business development coach will tell you is to identify people whom you believe can help you in your quest to build a practice. If you’re like me, this might cause you to look around and compile a list of…
Rank this Week: 632

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • May 22

    “Ethnic-sounding first names” and getting the job

    “Ethnic-sounding first names” and getting the job
    Shuki. Soukias. Raheem. Samir. Jamal. Lakisha. Atholl. Tyronne. Magestic. Did you know that something as simple as a first name makes the difference between whether you even get the interview? Last weekend we were doing a focus group and one…
  • May 20

    “I guess what he said wasn’t that bad”

    “I guess what he said wasn’t that bad”
    A while ago we did a focus group on a shockingly unethical healthcare provider targeting lower income zip codes for insurance fraud and the phrase “those Mexicans” came up in the deliberations. “That’s a good…
  • May 17

    Is there a relationship between age and ethnic prejudice?

    Is there a relationship between age and ethnic prejudice?
    As you have probably noticed, we read a lot of research here at The Jury Room. We are looking for nuggets of knowledge or pearls of wisdom we can apply to our day-to-day practice of litigation advocacy. If you’ve read our work on…
Rank this Week: 1448

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

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

http://jotwell.com/
  • May 22

    Provoked Intimate Femicides: A Privatized Version of “Honour”?

    Provoked Intimate Femicides: A Privatized Version of “Honour”?
    Pascale Fournier, Pascal McDougall & Anna R. Dekker, Dishonour, Provocation and Culture: Through the Beholder’s Eye?, 16(2) Can. Crim. L. Rev. 161 (2012), available at the University of Ottawa.Isabel GrantIn their…
  • May 20

    The Care and Feeding of Sticky Defaults in Information Privacy Law

    The Care and Feeding of Sticky Defaults in Information Privacy Law
    Lauren Willis, When Nudges Fail: Slippery Defaults, 80 U. Chi. L. Rev. ___ (forthcoming 2013) available at SSRN.Paul OhmIf Jotwell is meant to surface obscure gems of legal scholarship, which might go unnoticed otherwise, I might be missing…
  • May 17

    The Brave New World of Identification

    The Brave New World of Identification
    Margaret Hu, Biometric ID Cybersurveillance, 88 Indiana L.J.__ (forthcoming 2013), available at SSRN.Mary FanThe memory seems almost quaint.  While waiting with prosecutors in the hallway between indictments, an excellent customs…
Rank this Week: 147

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • May 22

    Study: Courts Should Not Rely on Rehabilitation that Jurors Can Be Fair

    Study: Courts Should Not Rely on Rehabilitation that Jurors Can Be Fair
    Here is a study asking Can Jurors Self Diagnose Bias? Two Randomized Controlled Trials.” The study tries to determine whether the common practice of asking jurors who otherwise appear biased if they can be fair works to…
  • May 20

    Defense Verdict in Washington County Malicious Prosecution Trial

    Defense Verdict in Washington County Malicious Prosecution Trial
    On April 4, 2013 a Washington County Circuit Court jury rendered a defense verdict in White v. Greenville Riverboat, LLC.  On May 13, 2009, Plaintiff was playing the card game (21+3) at the Lighthouse Point Casino in Greenville. Sidebar:…
  • May 16

    Jackson Attorney Debra Brown Nominated for U.S. District Judge

    Jackson Attorney Debra Brown Nominated for U.S. District Judge
    On Thursday President Obama nominated Jackson attorney Debra Brown to fill the vacant judgeship in the Northern District of Mississippi. Here is the press release: WASHINGTON, DC – Today, President Barack Obama nominated Debra M. Brown,…
Rank this Week: 519

Northern Virginia Lawyer

Northern Virginia Lawyer

Commentary and insight on Virginia law and procedure.

http://northernvirginialawyer.blogspot.com/
  • May 21

    Cuccinelli opens a window to his private side with new ad

    Cuccinelli opens a window to his private side with new ad
    Ken Cuccinelli has gone public in a new television spot with a side of himself that I thought would forever remain private. In 2006, just a couple of months after the conclusion of the General Assembly session Ken Cuccinelli's close friend…
  • May 2

    Cuccinelli relieved from case, McDonnell still in the crosshair

    Cuccinelli relieved from case, McDonnell still in the crosshair
    In the case of former chef to the Executive mansion Todd Schneider, AG Cuccinelli's office (as predicted) has been let out of the case.In response to discovery motions implicating Governor Bob McDonnell, AG Cuccinelli's office moved the court…
  • Apr 30

    Star Scientific and Cuccinelli, a fleeting excitement

    Star Scientific and Cuccinelli, a fleeting excitement
    An Attorney General seeking a governorship, a well-heeled businessman paying a substantial amount toward the Governor's  daughter's wedding, a disgruntled former employee being prosecuted for embezzlement, and an off year election make…
Rank this Week: 1979

Delaware eDiscovery Report

Delaware eDiscovery Report

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

http://www.delawareediscovery.com/
  • May 21

    A Glossary of eDiscovery Term

    A Glossary of eDiscovery Term
    We lawyers have a tendency to confuse our terminology when discussing technology.  This is especially true when discussing the technical aspects of eDiscovery.  I was inspired by the excellent Grossman-Cormack Glossary of…
  • Apr 30

    Proposed FRCP Amendment

    Proposed FRCP Amendment
    Henry Kelston of the Legal Intelligencer provides a useful summary of the amendments to the FRCP that were recently proposed by the United States Courts’ Advisory Committee on Civil Rules. The rules would seek to create uniformity on a…
  • Apr 26

    Greeting

    Greeting
    Hello, and welcome back to the Delaware eDiscovery Report.  There have been many developments recently in the world of eDiscovery, particularly in Delaware.  Before providing a rundown of these new cases and guidelines, I would like…
Rank this Week: 1566

White Collar Defense and…

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/
Rank this Week: 1230

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/
  • May 21

    When is social media contact criminal?

    When is social media contact criminal?
    This week's Daily Record column is entitled "When is social media contact criminal?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** When is social media contact criminal? The online world…
  • May 15

    Ethics of VLOs and advertising in New York

    Ethics of VLOs and advertising in New York
    This week's Daily Record column is entitled "Ethics of VLOs and advertising in New York." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** The legal profession is in a state of flux. New…
  • May 14

    Book Review: Paperno’s ‘Representing the Accused’ a step-by-step guide for criminal defense attorney

    Book Review: Paperno’s ‘Representing the Accused’ a step-by-step guide for criminal defense attorney
    A special edition article that I recently wrote for the Daily Record column is entitled "Book Review: Paperno’s ‘Representing the Accused’ a step-by-step guide for criminal defense attorneys." A pdf of the article can be…
Rank this Week: 1020

Delaware Business Litigation…

Delaware Business Litigation Report

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

http://www.delawarebusinesslitigation.com/
  • May 21

    Court Of Chancery Upholds Caremark Complaint

    Court Of Chancery Upholds Caremark Complaint
    In re China Agritech Inc. Shareholder Derivative Litigation, C.A. 7163-VCL (May 21, 2013) One of the harder aspects of practicing Delaware corporate law is dealing with all the decisions. This is an excellent summary of current Delaware…
  • May 17

    Court Of Chancery Explains Exculpation Clause

    Court Of Chancery Explains Exculpation Clause
    Anvil Holding Corporation v. Iron Acquisition Corporation, C.A. 7975-VCP (May 17, 2013) Many acquisition agreements contain provisions that are intended to limit the buyer's remedies. This decision explains what language to use to…
  • May 16

    Is the Court of Chancery Reforming Merger Litigation?

    Is the Court of Chancery Reforming Merger Litigation?
    Authored by Edward M. McNally This article was originally published in the Delaware Business Court Insider | May 15, 2013 There is an uproar going on about the practice of filing suit over every merger announced for a publicly…
Rank this Week: 984

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
  • May 21

    Class Action News of the Day

    Class Action News of the Day
    Sprint seeks Supreme Court review of California appeal court decision refusing to compel arbitration of class action alleging improper early termination fees.  Supreme Court rejects Nucor Corp. appeal of certification of class of…
  • May 6

    First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

    First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin
    This trio of cases concerned Pfizer’s off-label marketing of Neurontin and plaintiffs’ efforts to recover for the Neurontin prescriptions they had thereby been fraudulently induced to pay. In Kaiser, Plaintiffs’ primary…
  • May 3

    Best Practices in Reducing Cost and Managing Risk in Class Action Litigation

    Best Practices in Reducing Cost and Managing Risk in Class Action Litigation
    Across industries, corporate counsel reported they spent $2.1 billion annually on class action lawsuits in 2012. This reflects a modest decline from $2.2 billion in 2011. On average, companies managed 5.1 class actions in 2012, representing a…
Rank this Week: 2145

Angel Reyes Blog

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/
  • May 21

    Texting While Driving Is Deadly

    Texting While Driving Is Deadly
    By Brooke Cohen: I’m not sure even where to start writing here. As a mother I was heartbroken to hear the news of the young sixteen-year-old girl named Savannah Nash who died this weekend as she ran her car into a tractor-trailer -- an…
  • May 20

    The Dark Side of Generic Drug

    The Dark Side of Generic Drug
    Dinesh Thakur was a whistleblower for the generic drug maker, Ranbaxy Laboratories in Gurgaon, India, 20 miles south of New Delhi. Due to his efforts, on May 13 of this year, Ranbaxy pleaded guilty to seven federal criminal counts of selling…
  • May 15

    Transvaginal Mesh and the Wall Street Journal

    Transvaginal Mesh and the Wall Street Journal
    Author:  Brooke Cohen The Wall Street Journal put out a timely article today entitled “Outcomes are Mixed for Pelvic Procedure”. I say timely because the product-liability lawsuits against five manufacturers of transvaginal…
Rank this Week: 1472

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • May 20

    Surrogate Refuses To Nullify Testator's Choice Of Fiduciary

    Surrogate Refuses To Nullify Testator's Choice Of Fiduciary
    The New York Law Journal has reported a decision of Nassau County Surrogate Edward McCarty III in the matter of the Will of Barboni, 2013-373014(April 25) which upheld the nomination of an executor whose two children both contested the…
  • May 12

    Summary Judgment Granted To Void Trust For Lack Of Capacity

    Summary Judgment Granted To Void Trust For Lack Of Capacity
    Richmond County Surrogate Robert J. Gigante has ruled that a trust executed by an 88 year old decedent 61 days before her death was void for lack of mental capacity in the Matter of the Estate of Muriel Donaldson reported at 956 NYS2d…
  • Apr 4

    Adjournment Of 1404 Examination Extends Time To File Objection

    Adjournment Of 1404 Examination Extends Time To File Objection
    The Supreme Court's Appellate Division has affirmed an order issued by Nassau County Surrogate Edward McCarty in the Matter of Palma A. Pascale 102 AD 3rd 796 which granted objectant's motion to compel production of certain documents…
Rank this Week: 674

e-discovery 2.0

e-discovery 2.0

Covers electronic discovery. By Aaref Hilaly.

http://www.clearwellsystems.com/e-discovery-blog
Rank this Week: 930