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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/
  • Dec 31

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim
    Silverberg v. Gold, C.A. 7646-VCP (December 31, 2013) Under Delaware law, a so-called Brophy claim seeks to recover the profits made by trading on insider information. Showing that material insider information was available is not…
  • Dec 31

    Court Of Chancery Denies Advancement For Predecessor Liability

    Court Of Chancery Denies Advancement For Predecessor Liability
    Grace v. Ashbridge LLC, C.A. 8348-VCN (December 31, 2013) In general, a successor entity is not liable for its predecessor's obligations when there has been a fundamental change in the identity of the entity.  Here, the Court held…
  • Dec 17

    Has the Chancery Court Created a New Tort?

    Has the Chancery Court Created a New Tort?
    Authored By Edward M. McNally This article was originally published in the Delaware Business Court Insider | December 17, 2014 A recent decision by the Delaware Court of Chancery may have plowed fresh ground by…
Rank this Week: 492

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 19

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Dec 17

    Petition of the day

    Petition of the day
    The petition of the day is: Bower v. Texas 14-292 Issue: (1) Whether the former Texas special issues for death penalty sentencing do provide – as the Texas Court of Criminal Appeals held – or do not provide – as…
  • Dec 17

    Idaho to take same-sex marriage case to Court

    Idaho to take same-sex marriage case to Court
    Idaho’s governor today asked the Supreme Court to wait to act on new same-sex marriage cases until after officials from his state can file an appeal, early next month.  If the Court accepts the suggestion, that could slow down the…
  • Dec 17

    SCOTUSblog on camera: Dahlia Lithwick (Part two)

    SCOTUSblog on camera: Dahlia Lithwick (Part two)
    The tension between how the media covers the Court and how the Court wants to be seen; understanding the Justices in public; and what might get lost in focusing, however deftly, on high-level legal analysis. “I think always the humor…
Rank this Week: 30

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 351

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

http://delawaretrialpractice.foxrothschild.com/
  • Dec 17

    Imagine that! Damages calculations must be based on something more than an economic expert’s imagination.

    Imagine that! Damages calculations must be based on something more than an economic expert’s imagination.
    A damages expert can’t just pull numbers out of thin air.  For example, in Johnson v. Henning, C.A. No. K12C-10-038 RBY (Young, J.)—a negligence suit arising out of an auto accident—the Delaware Superior Court issued a…
  • Dec 13

    Serving As Local Counsel – Lessons From The Court Of Chancery

    Serving As Local Counsel – Lessons From The Court Of Chancery
      Members of the Delaware bar frequently have the pleasure of serving as local counsel for out-of-state attorneys who are litigating before a Delaware court.  As Carl Neff discusses in more detail on our Delaware Chancery…
  • Dec 7

    Survey Of the Bar

    Survey Of the Bar
    We previously posted on the Delaware Courts’ consideration of work-life balance—see post here. Last week, Supreme Court Chief Justice Strine advised that the Court will be surveying the Bar in an effort to help  set the…
Rank this Week: 4910

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/
  • Dec 17

    Leondra Kruger is Active

    Leondra Kruger is Active
    The DJ reports that nominee Leondra Kruger activated her California Bar membership yesterday. (Here's the page: enjoy now b/c once she's a judge, the page won't provide as much information.) This report comes in the article: "In Unusual Move,…
  • Dec 17

    DJ profiles Iconoclastic Maverick

    DJ profiles Iconoclastic Maverick
    Yes, that would be Judge Kozinski, former Chief of the 9th Circuit 2007-2014 and former Chief of the U.S. Court of Federal Claims 1982-1985. Fresh off his appearances at a Shabbat MCLE and attending the ASCDC judicial reception, yesterday's…
  • Dec 15

    Happy Bill of Rights Day!

    Happy Bill of Rights Day!
    Celebrate the Day with these links: here and here.Today's DJ runs:"A love letter" from retired Justice Grodin outlining why he loves the Court of Appeals' recent opinion (by 1/2's PJ Kline) in People v. Buza."4th District Split on Criteria…
Rank this Week: 639

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
  • Dec 17

    U.S. Fifth Circuit Rules that Shore-Based Vessel Repair Supervisor is Jones Act Seaman

    U.S. Fifth Circuit Rules that Shore-Based Vessel Repair Supervisor is Jones Act Seaman
    By Dylan Thriffiley Naquin v. Elevating Boats, L.L.C., — F.3d —, 2014 WL 917053, No. 12-31258 (5th Cir. Mar. 10, 2014) (Davis and Milazzo, J.; Jones, J. dissenting) In a decision that will undoubtedly have a lasting impact on…
  • Dec 17

    Fifth Circuit Recognizes Subrogation Lien In Jones Act Case

    Fifth Circuit Recognizes Subrogation Lien In Jones Act Case
    By Amanda Howard In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized that an insurer providing and making voluntary payments to an injured employee under the Longshore and…
  • Dec 10

    Work Related Stress: It Comes With The Job for a Jones Act Seaman

    Work Related Stress: It Comes With The Job for a Jones Act Seaman
    By Daniel B. Stanton In a recent decision, the Eleventh Circuit in Skye v. Maersk Line Limited, Corp., 751 F.3d 1262 (11th Cir. 2014), reveresed a district court ruling awarding damages to a Jones Act seaman for injuries stemming from…
Rank this Week: 774

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/
  • Dec 17

    Book Review: The Education of a Lawyer

    Book Review: The Education of a Lawyer
    This week's Daily Record column is entitled "Book Review: The Education of a Lawyer." My past Daily Record articles can be accessed here. ***** Book Review: The Education of a Lawyer Gary Muldoon is an attorney I’ve known and respected…
  • Dec 10

    2014 Holiday Gift Guide for the Tech-Savvy Lawyer

    2014 Holiday Gift Guide for the Tech-Savvy Lawyer
    This week's Daily Record column is entitled "2014 Holiday Gift Guide for the Tech-Savvy Lawyer ." My past Daily Record articles can be accessed here. ***** 2014 Holiday Gift Guide for the Tech-Savvy Lawyer Believe it or not, it’s that…
  • Dec 4

    NYSBA on responding to a complaint on a website

    NYSBA on responding to a complaint on a website
    This week's Daily Record column is entitled "The Ethics of Communicating With Your Clients Online." My past Daily Record articles can be accessed here. ***** It used to be that when clients had a complaint about the legal services provided to…
Rank this Week: 368

Class Action Blog

Class Action Blog

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

http://www.cfjblaw.com/classactionblog/blog.aspx
Rank this Week: 1114

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/
  • Dec 17

    Detecting Hidden Assets By Putting Tipsters To Work

    Detecting Hidden Assets By Putting Tipsters To Work
    How can one detect assets one is unaware of?  Sometimes by putting tipsters to work and collecting their tips.  These tips may be gathered in a variety of ways.  “An Asset Search, Tax Fraud & Divorce” describes…
  • Dec 2

    Private Investigators: 5 Things To Be Aware Of When Hiring A PI For A Bank Account Search

    Private Investigators: 5 Things To Be Aware Of When Hiring A PI For A Bank Account Search
    This is the first post in my new series about what private investigators can & cannot do legally when searching for hidden assets.  Divorcing spouses, creditors bringing forced collection proceedings, etc., may search for assets by…
  • Oct 30

    Searching For Corruption Proceeds & Other Assets On The Island Of Jersey

    Searching For Corruption Proceeds & Other Assets On The Island Of Jersey
    At Carmelite Chambers International Fraud & Assert Recovery Conference, I met Advocate & English Barrister Stephen Baker of Baker & Partners from St. Helier, Jersey.  During the Conference, Mr. Baker presented his…
Rank this Week: 687

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/
  • Dec 17

    Why You Did Not Use a Mock Trial [One-Question Survey]

    Why You Did Not Use a Mock Trial [One-Question Survey]
      by Ken LopezFounder/CEOA2L Consulting Most would agree that mock trials are not conducted as often as they should be. After all, why wouldn't you want to learn what kinds of jurors you will see on your jury, understand what works…
  • Dec 10

    A Mixed Litigation Industry Outlook for 2015

    A Mixed Litigation Industry Outlook for 2015
     
  • Dec 5

    In-House Counsel Should Make Outside Litigation Counsel Feel Safe

    In-House Counsel Should Make Outside Litigation Counsel Feel Safe
      by Ken LopezFounder/CEOA2L Consulting Earlier this week I published, 25 Things In-House Counsel Should Insist Outside Litigation Counsel Do. I realized something important while writing that article and while participating…
Rank this Week: 3419

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Dec 17

    More Criticism of the Illinois Jury Bill

    More Criticism of the Illinois Jury Bill
    Another Illinois newspaper comes out against the Illinois jury bill that is awaiting the signature of Governor Quinn. Yesterday it was the Chicago Tribune, today it is the Rockford Register Star. Rockford Register Star. Our View: Pay hike for…
  • Dec 16

    Criticism of Illinois Jury Bill

    Criticism of Illinois Jury Bill
    The Chicago Tribune has a very interesting article on a jury bill (SB 3075) that recently passed the Illinois legislature. The bill was sponsored by Representative Kelly Burke and supported by the Illinois Trial Lawyers Association. The bill…
  • Dec 15

    Massachusetts Moves to Attorney Conducted Voir Dire

    Massachusetts Moves to Attorney Conducted Voir Dire
    Starting Feb 2, 2015, courts in Massachusetts will move from judge conducted voir dire to attorney conducted voir dire. This change will impact both civil and criminal cases. To learn more about how attorney led voir dire will be handled...
Rank this Week: 564

E-Discovery Beat

E-Discovery Beat

Covers electronic discovery. By Exterro.

http://www.exterro.com/e-discovery-beat/
  • Dec 17

    Panel Explores Top E-Discovery and Information Governance Trends from 2014

    Panel Explores Top E-Discovery and Information Governance Trends from 2014
    By: Andrew Bartholomew It wouldn’t be December without some look backs at the year that was in e-discovery and information governance. One such discussion took place during a recent Inside Counsel webcast, “Top Three E-Discovery…
  • Dec 10

    RSD Releases Useful Information Governance Guide

    RSD Releases Useful Information Governance Guide
    By: Jim FitzGerald, Sr. Product Marketing Manager, Exterro RSD, a growing player in Information Governance (IG) and federated records management, just released a comprehensive guide that does a nice job of covering key topics on IG. Outfits…
  • Dec 4

    Legal Hold Software Considerations for 2015

    Legal Hold Software Considerations for 2015
    By: Andrew Bartholomew As 2014 comes to a close, it’s fair to observe that there are more legal hold software products on the market now than ever before. Once considered a niche e-discovery software category, legal hold solutions are…
Rank this Week: 2642

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
  • Dec 17

    Dead Man “Kwoking”: Estate Planning Property Transfers Can Trigger Title Insurance Nightmare

    Dead Man “Kwoking”: Estate Planning Property Transfers Can Trigger Title Insurance Nightmare
    Estate planning attorneys regularly advise their clients about the tax and other advantages of transferring real property to irrevocable trusts or similar estate planning vehicles. But they may not consider the potentially disastrous title…
  • Dec 15

    Give the Reporter a Hand to Get a Clean Depo Transcript

    Give the Reporter a Hand to Get a Clean Depo Transcript
    When you’re taking a deposition, you know that ensuring a complete and accurate record is vital. So don’t take the person who’s dutifully taking down the proceedings for granted: Assisting the court reporter is not only…
  • Dec 12

    4 Steps to Drafting a Contract to Your Client’s Advantage

    4 Steps to Drafting a Contract to Your Client’s Advantage
    Yes, drafting a contract takes a lot of work. But it generally takes less time to draft a contract document that advances your client’s interests than it does to modify another party’s document to achieve that result. So whenever…
Rank this Week: 2444

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 302

DRI Today

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx
  • Dec 17

    More Obstacles for Food Labeling Class Action

    More Obstacles for Food Labeling Class Action
    The Ninth Circuit is poised to address the implicit “ascertainability” requirement for class actions in Jones v. ConAgra Foods, Inc., No 14-16327 (9th Cir.). Briefing is underway in that matter in which the district court denied…
  • Dec 16

    Supreme Court to determine if Time Spent by Employees in Security Check is Compensable

    Supreme Court to determine if Time Spent by Employees in Security Check is Compensable
    The U.S. Supreme Court has granted review of Integrity Staffing Solutions v. Busk to determine whether time spent by employees in a security check line constitutes work and is therefore compensable. The case was brought by employees of…
  • Dec 8

    What is the Impact of The Affordable Care Act on Future Medical Expenses?

    What is the Impact of The Affordable Care Act on Future Medical Expenses?
    Catastrophic injury cases with expensive life care plans pose significant exposure issues to our clients. The Affordable Care Act guarantees consumers the right to purchase health insurance and caps annual out-of-pocket medical expenditure,…
Rank this Week: 2441

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
  • Dec 17

    More Obstacles for Food Labeling Class Action

    More Obstacles for Food Labeling Class Action
    The Ninth Circuit is poised to address the implicit “ascertainability” requirement for class actions in Jones v. ConAgra Foods, Inc., No 14-16327 (9th Cir.). Briefing is underway in that matter in which the district court denied…
  • Dec 16

    Supreme Court to determine if Time Spent by Employees in Security Check is Compensable

    Supreme Court to determine if Time Spent by Employees in Security Check is Compensable
    The U.S. Supreme Court has granted review of Integrity Staffing Solutions v. Busk to determine whether time spent by employees in a security check line constitutes work and is therefore compensable. The case was brought by employees of…
  • Dec 8

    What is the Impact of The Affordable Care Act on Future Medical Expenses?

    What is the Impact of The Affordable Care Act on Future Medical Expenses?
    Catastrophic injury cases with expensive life care plans pose significant exposure issues to our clients. The Affordable Care Act guarantees consumers the right to purchase health insurance and caps annual out-of-pocket medical expenditure,…
Rank this Week: 621

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/
  • Dec 17

    ELNY Lawsuits | Writer Target's Andrew Cuomo and New York "Bunglers"

    ELNY Lawsuits | Writer Target's Andrew Cuomo and New York "Bunglers"
    As much as 40% of ELNY's assets were invested in stocks when the New York Liquidation Bureau was working with Credit Suisse, which is more than double what most insurance companies were permitted. This is a content summary only. Please click…
  • Dec 16

    DRB Capital's "Kristen" Flips to Structured Asset Funding's ISettlement.com

    DRB Capital's "Kristen" Flips to Structured Asset Funding's ISettlement.com
    At least Michael Asseff and Andrew Savysky have the sense and good taste not to misrepresent a stock photo as a customer This is a content summary only. Please click on the title for the full content which includes a library of over 4,000…
  • Dec 16

    Baldwin-United 1983 Collapse on CBS Evening News New York/ Dan Rather

    Baldwin-United 1983 Collapse on CBS Evening News New York/ Dan Rather
    The day Baldwin-United declared bankruptcy, the biggest bankruptcy ever in the United States at the time, CBS Evening News in with Dan Rather carried the Baldwin-United bankruptcy as its lead story... This is a content summary only. Please…
Rank this Week: 67

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Dec 17

    "Did Your Attorney Refer You to that Doctor?"

    "Did Your Attorney Refer You to that Doctor?"
    A Dynamic Duo(Could be on either side of the bar)In a recent Delaware County Court of Common Pleas decision in the case of English v. Stepchin, No. CP-23-CV-786-2014, 101 Del. 424 (C.P. Del. Co. Nov. 12, 2014 Kenney, P.J.), President Judge…
  • Dec 16

    PA Supreme Court Upholds Assignment of Rights in Excess Bad Faith Claim

    PA Supreme Court Upholds Assignment of Rights in Excess Bad Faith Claim
    Tort Talkers may recall previous posts on the case of Allstate Ins. Co. v. Wolfe, in which the Pennsylvania Supreme Court accepted an issue to review on certification of a matter from the U.S. Third Circuit Court of Appeals who was seeking…
  • Dec 15

    Dated UIM Rejection Form Signed by Insured Valid Even Though Insured Was Not the One Who Dated It

    Dated UIM Rejection Form Signed by Insured Valid Even Though Insured Was Not the One Who Dated It
    Can't Go For ThatIn a December 10, 2014 Memorandum Opinion out of the Federal District Court for the Eastern District of Pennsylvania in the case of Lieb v. Allstate Prop. And Cas. Ins. Co., NO. 14-4225 (E.D. Pa. Dec. 10, 2014 Rufe, J.), the…
Rank this Week: 428

Business Litigation Info

Business Litigation Info

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

http://www.businesslitigationinfo.com/
  • Dec 17

    December 2014 FI&C Website Newsletter

    December 2014 FI&C Website Newsletter
    *  FIC is proud to announce that several of its attorneys have been honored once again as Ohio Super Lawyers. *  A federal magistrate judge entered a final report and recommendation granting FIC’s motion for summary judgment…
  • Dec 9

    Friends with Judges – Navigating the Ethical Minefield of Online Networking Between the Bench and Bar

    Friends with Judges – Navigating the Ethical Minefield of Online Networking Between the Bench and Bar
    I recently published an article in the American Bar Association’s TYL publication regarding the ethical implications of connecting with judges on social media – Hypothetically Speaking . . . What if I’m Friends with a Judge…
  • Dec 4

    WHEN CAN VOLUNTEERS BE CONSIDERED EMPLOYEES? SIXTH CIRCUIT CLARIFIES

    WHEN CAN VOLUNTEERS BE CONSIDERED EMPLOYEES? SIXTH CIRCUIT CLARIFIES
    After the Sixth Circuit held that a Plaintiff need not make a threshold showing that they were compensated to make a prima facie showing that he is an employee for purposes of Title VII of the Civil Rights Act of 1964 (“Title…
Rank this Week: 1422

Faruki, Ireland & Cox P.L.L.…

Faruki, Ireland & Cox P.L.L. Business Litigation Blog

Covers data security, intellectual property, advertising & media, and business litigation.

http://businesslitigationinfo.com
  • Dec 17

    December 2014 FI&C Website Newsletter

    December 2014 FI&C Website Newsletter
    *  FIC is proud to announce that several of its attorneys have been honored once again as Ohio Super Lawyers. *  A federal magistrate judge entered a final report and recommendation granting FIC’s motion for summary judgment…
  • Dec 9

    Friends with Judges – Navigating the Ethical Minefield of Online Networking Between the Bench and Bar

    Friends with Judges – Navigating the Ethical Minefield of Online Networking Between the Bench and Bar
    I recently published an article in the American Bar Association’s TYL publication regarding the ethical implications of connecting with judges on social media – Hypothetically Speaking . . . What if I’m Friends with a Judge…
  • Dec 4

    WHEN CAN VOLUNTEERS BE CONSIDERED EMPLOYEES? SIXTH CIRCUIT CLARIFIES

    WHEN CAN VOLUNTEERS BE CONSIDERED EMPLOYEES? SIXTH CIRCUIT CLARIFIES
    After the Sixth Circuit held that a Plaintiff need not make a threshold showing that they were compensated to make a prima facie showing that he is an employee for purposes of Title VII of the Civil Rights Act of 1964 (“Title…
Rank this Week: 4545

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Dec 17

    Same sex marriage is okay but please, no PDA!

    Same sex marriage is okay but please, no PDA!
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita We’ve blogged a…
  • Dec 15

    Are you a murdered white female? Here is some small comfort!

    Are you a murdered white female? Here is some small comfort!
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita If you are a murdered…
  • Dec 12

    Simple Jury Persuasion: Gender and message delivery and framing

    Simple Jury Persuasion: Gender and message delivery and framing
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita Trial lawyers (and others…
Rank this Week: 1419

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Dec 17

    Court Sua Sponte Strikes Portions of Answer

    Court Sua Sponte Strikes Portions of Answer
    Vogue Tyre & Rubber Co. v. Mendez, No. 14 C 5839, Slip Op. (N.D. Ill. Oct. 27, 2014) (Shadur, Sen. J.). Judge Shadur sua sponte struck portions of defendant’s answer and dismissed certain affirmative defenses as follows: The Court…
  • Dec 12

    District Court Claim Constructions Not Controlling

    District Court Claim Constructions Not Controlling
    Costar Realty Info., Inc. v. CIVIX-DDI, LLC, Nos. 12 C 4968, 7091 & 8632, Slip Op. (N.D. Ill. Sep. 23, 2013) (Holderman, Sen. J.). Judge Holderman construed the disputed claim terms in this patent case involving methods of locating points…
  • Dec 10

    Nominative Fair Use Not Decided on Motion to Dismi

    Nominative Fair Use Not Decided on Motion to Dismi
    Slep-Tone Ent. Corp. v. Elmwood Enterprises, Inc., No. 13 C 7346, Slip Op. (N.D. Ill. Apr. 21, 2014) (Lefkow, J.). Judge Lefkow denied defendant Elmwood’s Fed. R. Civ. P. 12(b)(6) & (7) motion to dismiss plaintiff Slep-Tone’s…
Rank this Week: 107

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/
  • Dec 17

    The IRS as Tax Law Nonenforcer

    The IRS as Tax Law Nonenforcer
    Lawrence Zelenak, Custom and the Rule of Law in the Administration of the Income Tax, 62 Duke L.J. 829 (2012).Leigh OsofskyIn a recent essay, Custom and the Rule of Law in the Administration of the Income Tax, Larry Zelenak examines…
  • Dec 16

    Breaking the Deadlock in Bipartisan Election Administration

    Breaking the Deadlock in Bipartisan Election Administration
    Jennifer Nou, Sub-Regulating Elections, Sup Ct. Rev. (forthcoming 2014), available at SSRN.Bertrall RossWhat should courts do when bipartisan agencies deadlock on an interpretation of a statute? That conundrum recently…
  • Dec 15

    The Past and Future of Copyright Politic

    The Past and Future of Copyright Politic
    Bill Herman, The Fight Over Digital Rights: The Politics of Copyright and Technology (2013).Jessica SilbeyIn The Fight Over Digital Rights, Bill Herman, a professor in the Department of Film and Media Studies at Hunter College, explores the…
Rank this Week: 271

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Dec 17

    December Mississippi Jury Verdict Reporter Preview

    December Mississippi Jury Verdict Reporter Preview
    Here is a preview of the verdicts detailed in the December issue of the Mississippi Jury Verdict Reporter: $10.5 million verdict- Coahoma County products liability trial mentioned here (9/25/14); $125,000 verdict- Aberdeen federal…
  • Dec 15

    Duck, Duck………

    Duck, Duck………
    Goose!!!! Get it? It’s a goose case. The opening line from Miss. Supreme Court Justice Kitchens’ majority opinion says it all: Janet Olier was attacked and chased by a domestic goose in Donna Bailey’s yard. As she attempted…
  • Dec 8

    Jury Verdict Leaves Rappers Singing the Blue

    Jury Verdict Leaves Rappers Singing the Blue
    The Clarion-Ledger reported last week that former NBA and USM basketball star Clarence Weatherspoon has won a Hinds County lawsuit against two rap artists. From the article: Donald Sharp, a.k.a. “Cadillac Don,” and Tiyon Rogers,…
Rank this Week: 495

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
  • Dec 16

    Weller in Search of the Future of European Private International Law

    Weller in Search of the Future of European Private International Law
    Matthias Weller from the EBS Law School in Wiesbaden has posted a paper on  “Mutual Trust: In Search of the Future of European Private International Law” on SSRN. The paper is forthcoming in the Journal of Private…
  • Dec 16

    Regulation (EU) No 1329/2014 – Forms in Matters of Succession

    Regulation (EU) No 1329/2014 – Forms in Matters of Succession
    The Commission Implementing Regulation (EU) No 1329/2014 of 9 December 2014 establishing the Forms referred to in Regulation (EU) No 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and…
  • Dec 15

    Liber Amicorum for Hans Micklitz: Varieties of European Economic Law and Regulation

    Liber Amicorum for Hans Micklitz: Varieties of European Economic Law and Regulation
    Kai Purnhagen and Peter Rott have edited a book entitled “Varieties of European Economic Law and Regulation”. Published by Springer and completely written in English the volume honors the work of Hans Micklitz, one of…
Rank this Week: 153

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 973

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

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

    Relief from sanctions application

    Relief from sanctions application
    Carrying on with my tidy up, I came across a copy of the judgment of His Honour Judge Hamilton in Connor v Birmingham City Council (16 March 2005). This concerned a case where a claimant had given notice that a … Continue reading…
  • Dec 15

    Callery v Gray revisited

    Callery v Gray revisited
    I’ve been having a bit of a tidy up and came across a copy of the original appeal judgment in Chester County Court in Callery v Gray. The Callery v Gray litigation was ultimately viewed as a large success for … Continue reading…
  • Dec 14

    More Christmas drink recommendation

    More Christmas drink recommendation
    Christmas is obviously a time for sherry. And I’m not talking about the one bottle of Harveys Bristol Cream that your aunt brings out of the cupboard once a year, pours one glass from and replaces until the next year. … Continue…
Rank this Week: 1080

Oregon Business Litigation

Oregon Business Litigation

Resource for in-house counsel, business executives, human resource managers and others who monitor litigation and legal issues affecting Oregon businesses. By Ater Wynne.

http://www.aterwynneblog.com/oregon_business_litigatio/
  • Dec 16

    Oregon Supreme Court refines the "same nine" rule for jury verdict

    Oregon Supreme Court refines the "same nine" rule for jury verdict
    The Oregon Constitution and Oregon Rule of Civil Procedure 59G(2) both state that "in civil cases three-fourths of the jury may render a verdict." The "same nine" rule requires that, if the questions presented to a jury are interdependent…
  • Oct 9

    Oregon Supreme Court on statutory immunity of LLC members and manager

    Oregon Supreme Court on statutory immunity of LLC members and manager
    Members and managers of a limited liability company are shielded from vicarious liability for the LLC's torts, but can be held personally liable if they either knew of the tortious acts or participated in them. That was the conclusion of...
  • Oct 8

    Oregon Court of Appeals recognizes the inconvenient-forum doctrine

    Oregon Court of Appeals recognizes the inconvenient-forum doctrine
    Addressing an issue of first impression, the Oregon Court of Appeals today held that the inconvenient-forum doctrine, or forum non conveniens, is available as a basis to dismiss a lawsuit in state court. In Espinoza v. Evergreen Helicopters,…
Rank this Week: 1506

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Dec 16

    Justice Department Leaves Misbranding Case After Trial Victory

    Justice Department Leaves Misbranding Case After Trial Victory
    In a small case hailing from Tennessee, the Justice Department early this week decided to withdraw charges made against a couple convicted of utilizing misbranded drugs in their clinics. Dr. Anindya Kumar Sen and his wife, Patricia Sen,…
  • Dec 16

    Apple Notches Victory on iPod Antitrust Case

    Apple Notches Victory on iPod Antitrust Case
    Early this week, a federal jury handed a Apple Inc. a huge win in the firm’s long-running class action case against claims that the company was in violation of antitrust laws by limiting its competition for its long line of iPod audio…
  • Dec 15

    Sandy Hook Families Gun Filing Suit Against Gun Maker

    Sandy Hook Families Gun Filing Suit Against Gun Maker
    Several families of victims who died and a lone survivor from Sandy Hook Elementary recently filed a wrongful-death lawsuit against a gun maker of the rifle that was used in the massacre. It was a couple years back when Adam Lanza murdered 20…
Rank this Week: 1069

Whistleblower Qui Tam Lawyer Blog

Whistleblower Qui Tam Lawyer Blog

Provides updates and commentary on whistleblower cases. By McCabe Rabin, P.A.

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

    Research Foundation Agrees to Settle False Claims Act Case

    Research Foundation Agrees to Settle False Claims Act Case
    The State University of New York’s Research Foundation (“Research Foundation”) has agreed to settle claims brought by five whistleblowers in a qui tam lawsuit filed in 2010 under the False Claims Act that it knowingly…
  • Dec 12

    Defense Contractor Agrees to Settle False Claims Act Case

    Defense Contractor Agrees to Settle False Claims Act Case
    The Justice Department announced that defense contractors Supreme Foodservice GmbH, Supreme Foodservice FZE, and their subsidiaries (collectively “Supreme”) have agreed to settle criminal and civil allegations by a whistleblower…
  • Dec 9

    OtisMed Agrees to Settle False Claims Act Allegation

    OtisMed Agrees to Settle False Claims Act Allegation
    OtisMed Corporation (“OtisMed”) has agreed to pay over $80 million to resolve criminal and civil allegations by a whistleblower in a qui tam suit that it and one of its former executives violated the False Claims Act and Food,…
Rank this Week: 3932

Expert Witness Blog

Expert Witness Blog

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

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

    School Security Expert Witness On School Shootings Part 1

    School Security Expert Witness On School Shootings Part 1
    In Ten Lessons Learned From the Sandy Hook School Shootings, school security expert witness Ken Trump, MPA, President of National School Safety and Security Services writes:Our team’s analysis of the Sandy Hook Final Report released by…
  • Dec 13

    Police Procedures Expert Witness Testifies In Fatal Shooting Case

    Police Procedures Expert Witness Testifies In Fatal Shooting Case
    Police procedures expert witness Ron Martinelli, Ph.D., B.C.F.T., C.F.A., C.L.S., testified in the Missoula, MT, homicide case against Markus Kaarma. The defendant is accused of fatally shooting German foreign exchange student, Diren Dede. …
  • Dec 8

    Emergency Preparedness Expert Witness On First Aid Teams Part 1

    Emergency Preparedness Expert Witness On First Aid Teams Part 1
    In First Aid Teams, emergency preparedness expert witness Michael J. Ryan, principal at First Aid Depot, asks the question, “Does your organization need a First Aid Team?” When you look at the issue of a First Aid Team some…
Rank this Week: 308

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/
  • Dec 16

    Guest Post: Dodson on Twombly Creep in Dart

    Guest Post: Dodson on Twombly Creep in Dart
    Twombly Creep Yesterday’s Supreme Court’s opinion in Dart Cherokee held that a notice of removal need not be accompanied by evidence of the amount in controversy in a CAFA-removal case. The Court split 5-4 on the nerdy question of…
  • Dec 16

    Rosenberg & Spier on Class Action

    Rosenberg & Spier on Class Action
    Now available on the Journal of Legal Analysis website is David Rosenberg and Kathryn Spier’s article, Incentives to Invest in Litigation and the Superiority of the Class Action. Here’s the abstract: We formally demonstrate the general…
  • Dec 15

    SCOTUS Decision in Dart Cherokee: What Must a Notice of Removal Contain? (And More!)

    SCOTUS Decision in Dart Cherokee: What Must a Notice of Removal Contain? (And More!)
    Today the Supreme Court issued a 5-4 decision in Dart Cherokee Basin Operating Co. v. Owens. It’s an interesting breakdown. Justice Ginsburg writes the majority opinion, joined by Roberts, Breyer, Alito, and Sotomayor. The dissenters are…
Rank this Week: 211

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: 643

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

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

    Why a Plaintiff in Personal Injury Litigation May Need Lawsuit Funding

    Why a Plaintiff in Personal Injury Litigation May Need Lawsuit Funding
    Plaintiffs in personal injury cases often times are unable to work due to injuries and face high medical bills, making lawsuit funding incredibly helpful. While negligence can be due to a defective product, medical malpractice, slip and fall…
  • Dec 12

    Financial Assistance to Help You Claim Your Right

    Financial Assistance to Help You Claim Your Right
    While negligence can be due to a defective product, medical malpractice, slip and fall accident, or dangerous products, the most common cause is an auto accident. When a personal injury occurs, the first step is to seek medical attention.…
  • Dec 11

    Lawsuit Funding Helps Plaintiffs Pursue Justice Without Sacrificing Monetary Responsibilitie

    Lawsuit Funding Helps Plaintiffs Pursue Justice Without Sacrificing Monetary Responsibilitie
    There are no words to describe the loss of a loved one, especially due to the careless actions or negligence of someone else. Whether from medical malpractice, auto accidents, product liability, and workplace fatalities, when a wrongful death…
Rank this Week: 1079

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/
  • Dec 15

    Deceit and the enforceability of Exclusion Clause

    Deceit and the enforceability of Exclusion Clause
    It is common for contracts to contain exclusion clauses limiting the liability of one party in the event of a breach.  Professional service providers often seek to limit their liability to the fees paid to them.  Movers limit their…
  • Dec 10

    BC Court of Appeal Rejects Anti-SLAPP Defence

    BC Court of Appeal Rejects Anti-SLAPP Defence
    In a decision released November 10, 2014, the BC Court of Appeal rejected an attempt to create a novel common law defence in the law of defamation against so-called SLAPP suits. In Northwest Organics, Limited Partnership v. Maguire, 2014 BCCA…
  • Dec 2

    The Local Venue Rule: Did you start your claim in the right place?

    The Local Venue Rule: Did you start your claim in the right place?
    British Columbia has 28 Supreme Court registries scattered around the eight judicial districts (known as “counties”) being Cariboo, Kootenay, Nanaimo, Prince Rupert, Vancouver, Victoria, Westminster and Yale.  Ordinarily, a…
Rank this Week: 3063

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/
  • Dec 15

    Don't Confuse Certainty with Accuracy when It Comes to Witness Testimony

    Don't Confuse Certainty with Accuracy when It Comes to Witness Testimony
    By Dr. Ken Broda-Bahm: Chants of "Hands Up, Don't Shoot" and "I Can't Breathe," continue to be heard at protests around the country. Motivated by the Ferguson, Missouri police shooting of Michael Brown, as well as the…
  • Dec 11

    Beware the Boomerang of Normalized Bia

    Beware the Boomerang of Normalized Bia
    By Dr. Ken Broda-Bahm: You join a research study, and after being randomly assigned to one of two groups, you hear a message focused on how common stereotypes are (the other group hears instead how rare stereotypes are). Then you, along with…
  • Dec 8

    Nudge the Legal Decision Maker

    Nudge the Legal Decision Maker
    By Dr. Ken Broda-Bahm: You're in a grocery store with your cart ready to check out. The entire time you've been in the store, you've understood that you can buy any kind of product the store sells. And at some point, you probably walked…
Rank this Week: 1770

North Texas Legal News

North Texas Legal News

Covers Texas business law. By Leiza Dolghih.

http://northtexaslegalnews.com/
Rank this Week: 4460

Nextpoint's Legal Technology Blog

Nextpoint's Legal Technology Blog

Covers eDiscovery, social media archiving, and trial presentation solutions.

http://www.nextpoint.com/blog/
  • Dec 15

    Litigator’s Brief: Top 15 eDiscovery Terms Every Litigator Should Know

    Litigator’s Brief: Top 15 eDiscovery Terms Every Litigator Should Know
    Prompted by the anniversary of  Zubulake v UBS Warburg – the case that forced the legal world to take eDiscovery seriously and arguably created a new industry – we recently wrote a post outlining The 7 Biggest…
  • Dec 8

    Litigator’s Brief: Four things to tell your clients about data security

    Litigator’s Brief: Four things to tell your clients about data security
    Like all professionals in 2014, every modern litigator uses technology to get their job done. As with all industries, technology is the wonder drug delivering efficiency to a lawyer’s practice and duty of competent representation. The…
  • Dec 2

    Nextpoint Trial Preparation Now Integrated with OnCue Presentation Software

    Nextpoint Trial Preparation Now Integrated with OnCue Presentation Software
    We are very pleased to announce our integration with OnCue. Litigation teams using Nextpoint to manage depositions, documents and video evidence during trial preparation can now easily export data directly into OnCue courtroom…
Rank this Week: 4443

Kentucky Court Report

Kentucky Court Report

Provides updates of decisions, argument calendars, news and developments for the Supreme Court of Kentucky and Kentucky Court of Appeals. By Michael Stevens.

http://kycourtreport.com/
Rank this Week: 4652

The Illinois Trial Practice Weblog

The Illinois Trial Practice Weblog

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

http://www.illinoistrialpractice.com/
  • Dec 15

    An Easy Tip to Make Your Writing Look More Professional

    An Easy Tip to Make Your Writing Look More Professional
    Want to instantly make your writing look more professional? The secret can be found in Bryan Garner's A Dictionary of Modern American Usage in an entry titled "phrasal adjectives"-- When a phrase functions as an adjective--an increasingly…
  • Dec 9

    A Shockingly Great Christmas Gift for Lawyer

    A Shockingly Great Christmas Gift for Lawyer
    It's my book How to Feed a Lawyer (and Other Irreverent Observations from the Legal Underground). From the Amazon reviews-- I titled this "Hodgman for the Legal Set", because I think fans of one would enjoy the other ... It...
  • Dec 8

    Trial Tech: Using an iPad at Trial

    Trial Tech: Using an iPad at Trial
    From Lawyerist: "Trial Presentation with an iPad and Apple TV," by Kevin Morris-- Using an iPad for trial presentation is not only more efficient and economical than traditional presentations, it is also drop-dead easy to set up. Each and…
Rank this Week: 508

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
Rank this Week: 281

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Dec 15

    “We Do Not Dispense Justice Via The Phone”

    “We Do Not Dispense Justice Via The Phone”
    Last week, while I was waiting for a court conference back in “antechambers” (that is, the part of the judge’s office that isn’t the judge’s actual “chambers”), I spotted this sign, strategically…
  • Nov 23

    Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability

    Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability
      It’s finally here: Tincher v. Omega Flex, the Pennsylvania Supreme Court’s overhaul of strict liability. If you’re unfamiliar with the recent turbulence surrounding strict liability, check out this post of mine from…
  • Nov 21

    Mediation Of A Big Injury Case: A Game Worth Playing?

    Mediation Of A Big Injury Case: A Game Worth Playing?
    A few months ago, in a wrongful death case I have against one of the biggest companies in America, the company’s lawyer asked: will you agree to a mediation?   Our firm founder, Jim Beasley, Sr., had a simple method to mediation:…
Rank this Week: 348

Accessibility Defense

Accessibility Defense

Covers the defense of accessibility claims under the ADA and FHA. By Richard Hunt.

http://accessdefense.com
  • Dec 14

    Who’s to blame for an ADA violation? If you don’t decide a judge will.

    Who’s to blame for an ADA violation? If you don’t decide a judge will.
    When public or quasi-public entities contract with private businesses to use their facilities it can be difficult to pin down just who may have violated the ADA. It doesn’t have to be, but allocating ADA responsibility requires that the…
  • Nov 30

    Reasonable accommodation under the ADA – what would you do for your mother?

    Reasonable accommodation under the ADA – what would you do for your mother?
    I wrote last week about the difficulty in determining just what the ADA requires in cases concerning physical accessibility. A recent decision from California shows how hard it can be to know what the “reasonable accommodation”…
  • Nov 24

    Law, Regulation and Confusion in the ADA

    Law, Regulation and Confusion in the ADA
    This week two ADA writers I follow, Marc Dubin and William Goren, looked at the problem of telling just what the ADA requires. Both concluded that in some respect the only way to know was to  look at the latest private…
Rank this Week: 4420

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/
  • Dec 14

    Structured Settlements 2014 - Secondary Market

    Structured Settlements 2014 - Secondary Market
    Is the bloom finally off the rose for structured settlement secondary market leader JGWPT Holdings, Inc. (JGWPT) whose subsidiaries include J.G. Wentworth (JGW) and Peachtree Settlement Funding (Peachtree)? Despite strong sales since 2010,…
  • Dec 9

    Structured Settlements 2014 - Primary Market

    Structured Settlements 2014 - Primary Market
    The United States structured settlement primary market has continued to slowly recover from its 2012 nadir during 2014 with first nine months annuity sales of approximately $3.9 billion resulting from 19,778 cases (as reported by Melissa…
  • Dec 2

    Evolve 2014 QSF Symposium

    Evolve 2014 QSF Symposium
    Despite unresolved issues, utilization of IRC 468B Qualified Settlement Funds (QSFs) in "single event" cases, as well as class action and mass tort cases, is expanding, and increasingly represents the preferred method for resolving complex…
Rank this Week: 386