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352nd District Court

352nd District Court

Features summaries of interesting and notable cases from the 352nd District Court of Texas. By Judge Bonnie Sudderth.

http://352nddistrictcourt.wordpress.com/
  • Feb 25

    2008 – The Tragic Mother and Child Reunion

    2008 – The Tragic Mother and Child Reunion
    The plaintiff’s attorney began the Original Petition for his client with this succinct statement: ”This is a case of great sadness, high emotion and the need for precise and immediate action by the Court.” 
  • Feb 25

    2008 – The Tragic Mother and Child Reunion

    2008 – The Tragic Mother and Child Reunion
    The plaintiff’s attorney began the Original Petition for his client with this succinct statement: “This is a case of great sadness, high emotion and the need for precise and immediate action by the Court.”  On…
  • Dec 11

    2011 – Death and Taxes … and Chicken

    2011 – Death and Taxes … and Chicken
    The sole issue in this case was at what point in the life of a chicken does the chicken lose its tax-exempt status as poultry? When this lawsuit was filed in 2011, Pilgrim’s Pride was the second-largest chicken producer in the world.  A…
Rank this Week: 1508

A Buffalo Lawyer

A Buffalo Lawyer

Random thoughts and helpful links and resources from Buffalo lawyer Jeremy Colby.

http://abuffalolawyer.blogspot.com/
Rank this Week: 2673

A Winning Tip

A Winning Tip

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

http://awinningtip.blogspot.com/
  • Jan 29

    Take A Page From Oscar Winning Actors: Read Your Openings/Closings Out Loud Before The Trial!

    Take A Page From Oscar Winning Actors: Read Your Openings/Closings Out Loud Before The Trial!
    Your opening may read brilliantly on paper, but here’s the thing: the jurors won’t be reading your opening, they’ll be listening to it. Listening involves different pathways in our brains. What may make a great deal of sense…
  • Dec 31

    Jurors Live By “What You See Is What You Believe:” Ignore It At Your Peril

    Jurors Live By “What You See Is What You Believe:” Ignore It At Your Peril
    “What you see is what you believe” – is true not just of how jurors gauge the veracity of your witness’s testimony, but also of how jurors assess you when you sit at counsel table.Jurors assess your demeanor according…
  • Dec 4

    Neglect Jurors’ Need for “What Happened?” at Your Peril

    Neglect Jurors’ Need for “What Happened?” at Your Peril
    Your primary focus in preparing for trial is inevitably the issues in the case. You may not focus much on “What will the jurors want to know about this case?” because you figure they’ll want to know about--the issues. Of…
Rank this Week: 4558

Accessibility Defense

Accessibility Defense

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

http://accessdefense.com
  • Feb 7

    The ADA and safety – beyond accessibililty to damages.

    The ADA and safety – beyond accessibililty to damages.
    A recent case from Maryland, Bray v. Marriott Int’l, 2016 WL 319873, at *1 (D. Md. Jan. 27, 2016) serves as a reminder that violations of ADA accessibility standards may also serve as evidence of negligence in a personal injury…
  • Jan 25

    Accessibility surveys – opportunity or trap?

    Accessibility surveys – opportunity or trap?
    My clients often ask about whether doing a survey to determine ADA or FHA compliance will simply set them up for damages based on a “knowing” violation of the disabilties laws. My advice is almost always no, because the ADA and…
  • Jan 14

    ADA and the web – they just don’t get it.

    ADA and the web – they just don’t get it.
    My colleague William Goren (see his blogs at www.williamgoren.com/blog) passed along a recent interview with Daniel Goldstein (http://www.bna.com/fighting-accessible-websites-n57982065991) that shows, I think, a serious disconnect is…
Rank this Week: 2306

Advocate's Almanac

Advocate's Almanac

Focuses on criminal law and evidentiary issues. By Rubin Sinins.

http://advocatesalmanac.blogspot.com/
  • Aug 1

    N.J. Supreme Court Rejects Defendant's Alleged Right to Perjury for Lesser Plea

    N.J. Supreme Court Rejects Defendant's Alleged Right to Perjury for Lesser Plea
    In State v. Taccetta, the N.J. Supreme Court rejected a defendant's post-conviction relief claim of ineffective assistance of counsel. The decision may be found here. Defendant, an alleged member of an organized crime family, faced murder…
  • Jul 21

    N.J. Supreme Court Reaffirms Particularity Requirement for Warrant

    N.J. Supreme Court Reaffirms Particularity Requirement for Warrant
    Today the N.J. Supreme Court reaffirmed the principle that warrants must state the place to be searched with particularity. The Court also reaffirmed the concept that the Court cannot delegate to the police the detached, neutral assessment…
  • Jul 14

    N.J. Supreme Court Rejects Missing Witness Jury Charge Against Criminal Defendant

    N.J. Supreme Court Rejects Missing Witness Jury Charge Against Criminal Defendant
    For years, the decision in State v. Clawans permitted judges, in appropriate circumstances, to charge juries that a party's failure to call a witness who naturally would have been called may give rise to an inference that the witness's…
Rank this Week: 4017

Alabama Litigation Review

Alabama Litigation Review

Covers business litigation, civil procedure, personal injury and punitive damages. By Jeff Blackwell.

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

    Traumatic Brain Injury And The Impact On Daily Activitie

    Traumatic Brain Injury And The Impact On Daily Activitie
    Traumatic brain injury (TBI) is a leading cause of disability. What’s worse, these injuries often go untreated or unrecognized by medical professionals. Many medical professionals lack training in the evaluation of TBI symptoms. In…
  • Jan 18

    Truckers With Serious Medical Conditions: A Danger To Other Driver

    Truckers With Serious Medical Conditions: A Danger To Other Driver
    A recent article discusses a Georgia truck driver barred from driving by the Federal Motor Carrier Safety Administration (FMCSA) due to personal health issue. Commercial drivers with serious health issues are a major safety issue on our…
  • Jan 4

    Our Firm

    Our Firm
    I’m a lawyer who helps people hurt by the negligence of another. I handle serious personal injury cases throughout Alabama. For the last 17 years, I’ve been a partner in the same Huntsville law firm. When my oldest law partner…
Rank this Week: 3817

Alaska Law Blawg

Alaska Law Blawg

Covers Alaska business law, litigation and recent decisions. By Clayton Walker.

http://aloinc.com/alaska-law-blawg/
  • Jan 19

    Standard for Review of Trial Court Action

    Standard for Review of Trial Court Action
    By: Clayton Walker A superior court abuses its discretion by making a decision that is arbitrary, capricious, manifestly unreasonable, or . . . stem[s] from an improper motive.  The court uses the clearly erroneous standard when…
  • Jan 15

    Alaska School Funding Formula Approved.

    Alaska School Funding Formula Approved.
    By: Clayton Walker sp-7075 School Funding Formula The State’s local school funding formula requires a local government to make a contribution to fund its local school district. The superior court held that this required local…
  • Dec 21

    New Firm Photo

    New Firm Photo
    By: Clayton Walker Dave Jensen Photography These are just proofs; but, they should freshen up the web site. The post New Firm Photos appeared first on Alaska Law Office, Inc.
Rank this Week: 2282

Alaska Law Blog

Alaska Law Blog

Alaska Law Blog covers commercial, business, banking, construction, engineering, real estate, and employment law litigation. By Atkinson, Conway & Gagnon.

http://www.alaskalawblog.com/
  • Oct 7

    Mr. O'Donnell inducted into the American College of Trial Lawyer

    Mr. O'Donnell inducted into the American College of Trial Lawyer
    Mr. O'Donnell recently received the honor of being one of the few Alaska attorneys inducted as a Fellow in the American College of Trial Lawyers. "The American College of Trial Lawyers, founded in 1950, recognizes the very best trial…
  • Nov 5

    Peter Scully Joins The Firm

    Peter Scully Joins The Firm
    Atkinson, Conway & Gagnon is pleased to announce that Peter Scully has joined the firm as an associate attorney. Mr. Scully received his B.S., magna cum laude, in mathematics from Bucknell University in 2004. Mr. Scully received his…
  • Jul 18

    Commercial & Residential Landlord-Tenant Law Seminar

    Commercial & Residential Landlord-Tenant Law Seminar
    On September 27, 2012, Christopher Slottee, a partner with Atkinson Conway & Gagnon, will be participating in a seminar on Commercial & Residential Landlord-Tenant Law. Mr. Slottee will be presenting information and materials on Alaska law…
Rank this Week: 4339

An Appeal to Reason

An Appeal to Reason

Provides information and advice to trial attorneys from an appellate attorney. By Donna Bader.

http://www.anappealtoreason.com/
  • Aug 26

    Alzheimer Patient and her Husband are not liable for injuries inflicted on an in-home health care worker.

    Alzheimer Patient and her Husband are not liable for injuries inflicted on an in-home health care worker.
    In Gregory v. Cott, 2014 WL 3805478, the California Supreme Court was presented with the question of whether patients suffering from Alzheimer’s disease and their families are liable for the injuries they inflict on in-home health care…
  • Aug 12

    What is an arguable issue on appeal?

    What is an arguable issue on appeal?
     In People v. Hernandez (2014) ___, Cal.App.4th ___, Justice Rylaarsdam wrote the opinion in a criminal appeal in which the Court previously appointed counsel to represent the defendant.  The attorney filed…
  • Jul 31

    We may have a new California Supreme Court Justice

    We may have a new California Supreme Court Justice
    Governor Jerry Brown nominated a new Supreme Court justice to replace retiring Justice Marvin Baxter, who was one of the Court’s most conservative members.  The nominee is Mariano-Florentino Cuellar, a Mexican-born Stanford Law…
Rank this Week: 4329

Angel Reyes Blog

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/
  • Jul 30

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?
      Most of us have experienced the anxiety and frustration of a computer, smartphone, iPad or other device malfunctioning. But what would we do if our lives depended on an electronic device performing perfectly?    
  • Jul 9

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit
      This past Monday, a New York federal judge denied Big Pharma’s Merck & Co Inc.’s attempt to avoid paying $285,000 to plaintiff in a multi-district lawsuit based on the fact that the bone drug Fosamax causes jaw…
  • Jul 8

    Monster Overdose: Are Energy Drinks Killing Teens?

    Monster Overdose: Are Energy Drinks Killing Teens?
    Alex Morris died suddenly this year from cardiac arrest at the age of 19. He habitually drank two cans of Monster Energy® drinks each day for two years. His mother Paula believes energy drinks were the cause and immediately filed a…
Rank this Week: 1084

Appellate Advocacy Blog

Appellate Advocacy Blog

Edited by David R. Cleveland, Kendall D. Isaac, Tonya Kowalski, Elizabeth Berenguer Megale and Randall L. Hodgkinson.

http://lawprofessors.typepad.com/appellate_advocacy/
  • Jan 5

    Who Really Created The Bluebook?

    Who Really Created The Bluebook?
    Last month Adam Liptak had an interesting article on a forthcoming article questioning the established wisdom that the Harvard Law Review created The Bluebook. According to Liptak, the conventional account of The Bluebook's origins comes from…
  • Nov 10

    Advice on Writing Briefs from Judges Kozinski and Kopf

    Advice on Writing Briefs from Judges Kozinski and Kopf
    In a recent episode of the Legal Talk Network podcast Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi interviewed Judge Alex Kozinski from the United States Court of Appeals for The Ninth Circuit and Judge Richard Kopf from...
  • Oct 31

    The Importance of Following the Rule

    The Importance of Following the Rule
    I am constantly stressing to my appellate advocacy students the importance of not just excellent substance in their briefs, but also the importance of complying with the court’s technical rules. There is nothing more frustrating as a legal…
Rank this Week: 1636

Appellate Law & Practice

Appellate Law & Practice

Covers appellate law and advocacy.

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

    Giving it up.

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

    CA1: large law firm loses case on behalf of client

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

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

    CA1: It’s official. Everything is mail fraud.
    US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, “mail fraud”). The first says that pretty…
Rank this Week: 700

Armillary Observations

Armillary Observations

Focuses on appellate law and military law.

http://hlime.wordpress.com
  • Mar 24

    Defense: Planet of Giant

    Defense: Planet of Giant
    Planet of Giants came out last September on DVD, allowing us to inaugurate the second season in proper fashion. This serial may seem a poor candidate for the defense, as its relative lack of action and plodding dialogue meant that ……
  • Mar 24

    Defense: Planet of Giant

    Defense: Planet of Giant
    Planet of Giants came out last September on DVD, allowing us to inaugurate the second season in proper fashion. This serial may seem a poor candidate for the defense, as its relative lack of action and plodding dialogue meant that even its…
  • Mar 23

    Prosecution: The Myth Maker

    Prosecution: The Myth Maker
    Hello again, Mithradates here, and back on the job, sans my erstwhile partner. While I catch up on old reviews, I am continuing forward from my last stopping point, and have decided to post my impressions while they are still ……
Rank this Week: 1835

Asset Search Blog

Asset Search Blog

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

http://www.assetsearchblog.com/
  • Feb 2

    An Asset Search When Money Is Hidden Offshore

    An Asset Search When Money Is Hidden Offshore
    The following may help you pursue an asset search if your adversary conceals large amounts of money in offshore bank accounts: I.  FOLLOW THE MONEY TRAIL When an adversary hides funds at an offshore bank there is an electronic…
  • Jan 25

    Putting The Squeeze On ISIS By Searching For & Taking Its Asset

    Putting The Squeeze On ISIS By Searching For & Taking Its Asset
    This January 18th video depicts three 250 pound GBU-39 bombs dropped by B-1 or F-18 aircraft, in rapid succession on the same spot of the roof of an ISIS cash depot near Mosul, Iraq. As of last week, it was the ninth ISIS cash depot…
  • Jan 11

    Two Private Investigators & Their Bogus Asset Searche

    Two Private Investigators & Their Bogus Asset Searche
    This is the 9th post in my series discussing private investigators.  It highlights former private investigators Elaine White & Cullen Johnson who were convicted of a money laundering conspiracy.  The conspiracy involved bogus…
Rank this Week: 182

At Counsel Table

At Counsel Table

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

http://atcounseltable.wordpress.com
  • Mar 9

    We’ve Relocated, Please Visit Our New Address.

    We’ve Relocated, Please Visit Our New Address.
    If you’re reading this, you’ve reached the old site for At Counsel Table. We’ll be closing this site shortly. You can still get the same reliable, high-quality, 100% irony-free, individually crafted blog posts at our new…
  • Mar 9

    We’ve Relocated, Please Visit Our New Address.

    We’ve Relocated, Please Visit Our New Address.
    If you’re reading this, you’ve reached the old site for At Counsel Table. We’ll be closing this site shortly. You can still get the same reliable, high-quality, 100% irony-free, individually crafted blog posts at our new…
  • Feb 15

    My Newfound Obsession With Proce

    My Newfound Obsession With Proce
    As the launch date for my solo practice approaches, I find myself obsessed in a way I never was before in my law practice about the subject of process. I have developed the belief that my own practice is far more likely to be both successful…
Rank this Week: 3619

Attorney R. Tamara de Silva's…

Attorney R. Tamara de Silva's Blawg

Constitutional matters, politics, Wall Street matters, important cases and lots of opinions.

http://www.desilvalawoffices.com/Chicago-Litigation.aspx
Rank this Week: 3095

Austin Personal Injury Blog

Austin Personal Injury Blog

Litigation and injury news, cases and commentary. By Perlmutter & Schuelke, LLP.

http://www.civtrial.com/blog/
  • Jun 12

    Do Personal Injury Lawyers Make A Difference?

    Do Personal Injury Lawyers Make A Difference?
    One of my favorite things is disbursements — giving clients their checks from settlements or judgments. Today, I’m making disbursements in a settlement of a car wreck case, and the case is an example of how personal injury lawyers can…
  • Jun 12

    Eagle Ford Shale and Trucking Accident

    Eagle Ford Shale and Trucking Accident
    The past two weekends, I’ve had to make working trips to the Texas coast (and I didn’t even see the beach on either trip).  The one thing that struck me on the drives was the increase in traffic, especially trucking traffic.
  • Jun 11

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie
    Austin’s annual Republic of Texas (ROT) Rally has come and gone, and again we’ve had too many motorcycle fatalities.   This year, three motorcyclists were killed during the weekend. In the first incident, a rider crashed into a…
Rank this Week: 2802

Bailey Class Action Daily

Bailey Class Action Daily

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

http://www.baileydaily.com/
Rank this Week: 4835

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/
  • Feb 2

    NAELA 2016 Summit

    NAELA 2016 Summit
    As a benchmark for planning and/or evaluating 2016 professional association educational conferences, the National Academy of Elder Law Attorneys (NAELA) Second Annual Summit, hosted January 26-27 in Newport Beach, California, established…
  • Jan 18

    S2P2J Release 58

    S2P2J Release 58
    With projected 2015 annuity premium expected to fall substantially short of the historic 12 month industry high ($6.2 billion in 2008), the National Structured Settlement Trade Association (NSSTA) has organized a primary market "Growth…
  • Dec 28

    Structured Settlements 2015 -2

    Structured Settlements 2015 -2
    Market Issues and Developments The 2015 structured settlement marketplace could perhaps best be characterized as "changing the focus of our future" as industry leaders cooperated to create a positive future agenda to overcome, or move beyond,…
Rank this Week: 675

Beyond the Underground

Beyond the Underground

Covers legal news, politics, and whimsy. By Evan Schaeffer.

http://www.legalunderground.com
  • Nov 28

    MEANWHILE IN AUSTIN'S

    MEANWHILE IN AUSTIN'S
    MEANWHILE, IN AUSTIN'S STUDIO IN KANSAS CITY . . . Here's a shot of the inside of Austin's studio in Kansas City, with scattered self-portraits in oil done for a recent assignment--
  • Nov 28

    SELECTIONS FROM MY

    SELECTIONS FROM MY
    SELECTIONS FROM MY SKETCHBOOK . . . I haven't posted much "artwork" lately, though I'm still in the thrall of a drawing compulsion, which began when conversations about art with my son Austin (of the trip to Costa Rica),…
  • Nov 27

    TYPES OF LAWYERS

    TYPES OF LAWYERS
    TYPES OF LAWYERS #8: THE PARTNER WHO GOLFS . . . Shhh! The partner-who-golfs is teeing off, and he never likes it when you chuckle during his backswing. So you don't. Instead, you stand quietly as he adjusts his unorthodox stance,…
Rank this Week: 2794

Blawgletter

Blawgletter

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

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

    Join The Contingency

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

    Blawgletter® Has Moved!

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

    DNA and Pricing Patents Fall to Mayo and Alice

    DNA and Pricing Patents Fall to Mayo and Alice
    Unpatentable subject matter A pair of Federal Circuit opinions last week rejected patents involving patent-ineligible subject matter. What does that include, you ask? As Blawgletter noted last year in "You Still Can't Patent Ideas":…
Rank this Week: 408

Boston Lawyer Blog

Boston Lawyer Blog

Covers litigation, criminal and employment law. By Zalkind Duncan & Bernstein LLP.

http://www.bostonlawyerblog.com/
  • Feb 3

    Pop Quiz: Do you know what constitutes plagiarism at your college?

    Pop Quiz: Do you know what constitutes plagiarism at your college?
    As far as we know, every college and university in the country has a student handbook or honor code that provides rules for how students must perform their work and the standards they are expected to meet. And as far as we know, at every…
  • Jan 28

    After 25 Years, Massachusetts Finally Ends the Incarceration of Addicted Women

    After 25 Years, Massachusetts Finally Ends the Incarceration of Addicted Women
    Last week, the Massachusetts House of Representatives passed H. 3944 (now H. 3947), An Act Relative to Substance Abuse, Treatment, Education and Prevention. The bill will, if passed, aim to curb the increasing numbers of opioid addictions and…
  • Jan 19

    An Update on the Law Concerning Campus Sexual Assault

    An Update on the Law Concerning Campus Sexual Assault
    Over a year ago, I published a blog post describing the unfair processes used by many schools to deal with complaints of sexual assault and harassment, and compared it to the criminal justice system. As I wrote then, the Department of…
Rank this Week: 2670

Business Litigation Info

Business Litigation Info

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

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

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

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

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

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

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

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 3174

California Business Litigation…

California Business Litigation Attorney Blog

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

http://www.californiabusinesslitigationattorneyblog.com/
  • Dec 12

    What to Do If You Are Served With a Subpoena

    What to Do If You Are Served With a Subpoena
    If you are served with legal papers it is important to determine what type of papers you received. Are you being sued or are you being called to court or a deposition as a witness. It is worth a call to a litigation attorney to help you…
  • Aug 12

    How to Be Prepared for a Business Litigation Case

    How to Be Prepared for a Business Litigation Case
    Whether you have been sued or need to sue someone, it is important to know what to do both before the need for litigation arises. Careful record keeping and document organization are the best ways to help your business litigation attorney. …
  • Jul 23

    How to Buy a Business: Common Dangers and Pitfall

    How to Buy a Business: Common Dangers and Pitfall
    Anyone who wants to buy a business needs to be cautious before signing an offer. It is critical to consult with a lawyer who is experienced in California business sales to guide you through the process. Very often the business purchase…
Rank this Week: 3738

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/
  • Feb 5

    Class Action Lawsuit May Bring Greater Transparency to PayPal

    Class Action Lawsuit May Bring Greater Transparency to PayPal
    PayPal may soon bring to an end an ongoing class action lawsuit that it has been fighting since 2010. Parties to the case, known as Zepeda vs. PayPal, have reached a tentative settlement agreement over allegations that the online payment…
  • Jan 29

    California Bill Would Make Encrypted Smartphones Illegal

    California Bill Would Make Encrypted Smartphones Illegal
    Jim Cooper, a member of the California Assembly, has proposed bill AB 1681. The bill is designed to outlaw the sale of encrypted smartphones beginning on January 1, 2017. Any retailer who sells an encrypted phone to a consumer after that date…
  • Jan 15

    San Francisco Yellow Cab Co-Op to File Bankruptcy Amid Uber/Lyft Competition and Lawsuit

    San Francisco Yellow Cab Co-Op to File Bankruptcy Amid Uber/Lyft Competition and Lawsuit
    An ongoing series of setbacks appears to be forcing San Francisco-based Yellow Cab Co-Op to file for bankruptcy. Company executives sent a letter to each of the cab drivers who work for the co-op in December of 2015 that lays out a plan for…
Rank this Week: 834

California Civil Litigation

California Civil Litigation

Covers recent decisions of the California Courts that are of interest to the civil litigation practitioner. By Pamela Fasick.

http://californiacivillitigation.blogspot.com/
  • Jan 15

    Big Change in the Parol Evidence Rule

    Big Change in the Parol Evidence Rule
    The California Supreme Court Discards the State's Idiosyncratic Interpretation of the Fraud Exception Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association (No. S190581, January 14, 2013) The California Supreme Court…
  • Oct 27

    A Judgment Without Previous Notice of Lawsuit

    A Judgment Without Previous Notice of Lawsuit
    I Was Informed There's a Judgment Against Me But I Never Heard of Any LawsuitIt's relatively unusual for a person who had no notice that they had been named as a defendant in a civil action to be informed that there is a civil judgment…
  • May 11

    Hospital's Suit For Reimbursement Is Not Preempted by ERISA

    Hospital's Suit For Reimbursement Is Not Preempted by ERISA
    Court of Appeal Reverses a Judgment Sustaining a Demurrer by Blue CrossCoast Plaza Doctors Hospital v. Blue Cross of California (B205892, May 11, 2009)11 p.
Rank this Week: 2093

California Civil Litigation Blog

California Civil Litigation Blog

Covers electronic discovery, insurance litigation, security and privacy, and other civil litigation topics in California. By M. Scott Koller.

http://www.koller-law.com
  • Feb 28

    Obama’s new cybersecurity plan a good start

    Obama’s new cybersecurity plan a good start
    I recently authored an article for the Daily Journal on the new cybersecurity framework.  You can read about it by visiting the Daily Journal.  
  • Dec 31

    The Target Breach: How the Financial Industry is Reacting

    The Target Breach: How the Financial Industry is Reacting
    Retail giant Target recently suffered a massive security breach during the busiest shopping season of the year. The breach involved the credit and debit card information of an estimated 40 million customers who shopped at one of…
  • Nov 19

    The Ramifications of a Security Breach

    The Ramifications of a Security Breach
    New Study Finds that Two Thirds of U.S. Adults Would Not Return to a Business Where Their Personal Information was Stolen. From hackers to stolen laptops, security breaches have been on the rise.  While most businesses are aware of the…
Rank this Week: 4578

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 88

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
  • Feb 8

    Questioning a Witness: Poor Questions Versus Good One

    Questioning a Witness: Poor Questions Versus Good One
    When conducting direct examination, you generally can’t ask leading questions, i.e., ones that suggest a particular answer. Evid C §§764, 767(a)(2). And, of course, you can’t ask objectionable questions. For…
  • Feb 5

    Business Plan Basic

    Business Plan Basic
    Every business should have a plan—from tech start-ups to law firms. The process of creating a document that details the thoughts and ideas of the owners or founders of the business allows for a realistic appraisal of the business’…
  • Feb 3

    Should You Save Something for Your Closing?

    Should You Save Something for Your Closing?
    Although it may be tempting to cover everything during cross-examination, there are situations in which it’s better to save something for your closing argument. In fact, it’s a time-honored rule among some litigators to always…
Rank this Week: 665

Chicago Business Litigation…

Chicago Business Litigation Attorney Blog

Covers breach of contract, implied contract, oral contracts, defamation, and unjust enrichment. By Tamari & Blumenthal, LLC.

http://www.chicagobusinesslitigationattorneyblog.com/
  • Jul 6

    Supreme Court Issues Ruling On Challenging Fairness of Arbitration Clause

    Supreme Court Issues Ruling On Challenging Fairness of Arbitration Clause
    Ruling in favor of the appellant, the Supreme Court established a standard for challenging the fairness of arbitration clauses in court. See Rent-A-Center, West v. Jackson, 2010 WL 2471058
  • Mar 2

    Supreme Court Applies Stricter Pleading Standard for Civil Action

    Supreme Court Applies Stricter Pleading Standard for Civil Action
    In Ashcroft v. Iqbal, the Supreme Court reinforced the Twombly Court’s interpretation of Federal Rule of Civil Procedure 8(a)(2). Ashcroft v. Iqbal, 129 S.Ct. 1937, (2009). In Twombly, the Court developed a plausibility standard to…
  • Feb 4

    Illinois Courts Define Respondeat Superior

    Illinois Courts Define Respondeat Superior
    In Illinois, an employer is subject to vicarious liability for his employees under the doctrine of respondeat superior. Bank of America, N.A. v. Bird.392 Ill.App.3d 621, 911 N.E.2d 1239, 331 Ill.Dec. 1009 (2009). Under this doctrine, an…
Rank this Week: 4308

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 18

    Court Sets Holiday Hour

    Court Sets Holiday Hour
    The Northern District and the Seventh Circuit have altered their hours of operation for the holidays.  Both courts will be closed on: December 24, 2015; December 25, 2015; and January 1, 2016 The courts will also close at 3:00 pm on…
  • Dec 16

    Seventh Circuit Practice Requires Dismissal of State Law Claims When Federal Claims are Dismissed

    Seventh Circuit Practice Requires Dismissal of State Law Claims When Federal Claims are Dismissed
    Galvin v. Ill. Republican Party, No. 14 C 10490, Slip Op. (N.D. Ill. Oct. 20, 2015) (Zagel, J.). Judge Zagel dismissed plaintiff’s remaining state law claims for appropriation of image, false light, defamation and civil conspiracy for…
  • Dec 14

    Temporal Overlap Not Required for Joinder of Bit Torrent Doe

    Temporal Overlap Not Required for Joinder of Bit Torrent Doe
    Cobbler Nevada, LLC v. Does 1-38, No. 15 C 5283, Slip Op. (N.D. Ill. Oct. 23, 2015) (Coleman, J.). Judge Coleman denied Doe 38’s Fed. R. Civ. P. 20 motion to dismiss Does 2-38 for improper joinder in this BitTorrent copyright case…
Rank this Week: 198

Chicago Law Source

Chicago Law Source

Features articles on real estate litigation and legal representation. By Alisa Levin.

http://chicagolawsource.blogspot.com/
  • Oct 10

    Fight The Collection Lawyers - When On Defense Remember Some Offense!

    Fight The Collection Lawyers - When On Defense Remember Some Offense!
    Hello Bloggers - Welcome to Fall in the City!  What a beautiful day.  I have spent the week fighting some pretty nasty fights.  When at one time I could have easily called myself a Plaintiff's lawyer, most of my work this week has been…
  • Oct 6

    Yelp is Making Me Famous! Wahoo!!!

    Yelp is Making Me Famous! Wahoo!!!
    Hello to the faithful and welcome to Fall in Chicago! Ready for the brisk weather?  I am and so is Yelp.  I wanted so share some wonderful comments about my practice so that in case you are not familiar with my work, you soon will…
  • Sep 24

    Chicago BarTalk - A New Chicago Show

    Chicago BarTalk - A New Chicago Show
    Good morning blogosphere!  I am excited to show you all some recent footage of our new show, Chicago BarTalk, with me, Alisa Levin, and my co-cohosts Ish Orkar and Dana Zivkovich. We get together and chat about legal news you can use,…
Rank this Week: 4028

Chicago Trial Attorney Blog

Chicago Trial Attorney Blog

Covers business, contracts, and nursing home negligence litigation. By Philip J. Berenz.

http://www.counseloroffices.net/
  • Apr 20

    Piercing Corporate Veils / Alter Ego - Business Litigation

    Piercing Corporate Veils / Alter Ego - Business Litigation
    "Piercing a corporate veil" means an individual can be personally liable in certain situations. Courts apply this equitable remedy to avoid improper use of corporate laws meant to shield innocent shareholders and to promote justice. The…
  • Apr 20

    Nursing Home Abuse & Neglect - Growing Elderly Population

    Nursing Home Abuse & Neglect - Growing Elderly Population
    Our elderly population is clearly growing which directly correlates to more of our loved ones in nursing homes or similar facilities. Often an elderly person - our loved ones - are like children who need care and help with the most basic…
  • Apr 1

    Workers Compensation War!

    Workers Compensation War!
    Shockingly, States are trying to "dismantle" the workers compensation system. Little do you pay attention to such laws until you get hurt at work and start the downward financial (and health) spiral because some insurance company won't pay…
Rank this Week: 4464

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/
  • Feb 8

    Discovery Protocol Results in More Settlements, Fewer Motions to Compel

    Discovery Protocol Results in More Settlements, Fewer Motions to Compel
    I don’t know how I missed this when it came out, but better late than never. The Federal Judicial Center has published a brief empirical study of the pilot project on initial discovery protocols in employment cases. Emery G. Lee...
  • Feb 5

    Registration Opens for 2016 SEALS Conference

    Registration Opens for 2016 SEALS Conference
    Registration for the 2016 annual conference of the Southeastern Law Schools Association (SEALS) is now open. The final program is available. The conference will be held August 3-9, 2016 in Amelia Island, Florida. The programs that seem to…
  • Feb 5

    Bills to Curb Forced Arbitration, Split Ninth Circuit Introduced

    Bills to Curb Forced Arbitration, Split Ninth Circuit Introduced
    A bill to prohibit corporations from forcing arbitration of certain disputes, Restoring Statutory Rights Act, S.2506, was introduced on February 4 by Senator Patrick Leahy (D-VT). Separately, bills were introduced in both the House, H.R.…
Rank this Week: 542

Class Action Attorneys Blog

Class Action Attorneys Blog

Covers employment law and consumer class-action cases. By Pogust Braslow Millrood.

http://www.classactionattorneysblog.com/
  • Oct 18

    Getting Paid for Security Screenings?

    Getting Paid for Security Screenings?
    Earlier this year, the Ninth Circuit heard the case of Busk, et al. v. Integrity Staffing Solutions, Inc.. The claims were brought by former employees who were subjected to security screenings by the company to curb employee theft of retail…
  • Feb 14

    Triumph

    Triumph
    On February 7, 2013, Carnival’s Triumph left the port of Galveston in what was anticipated to be a relaxing four-day cruise to the Caribbean. However, this winter getaway quickly turned into a living nightmare for Triumph’s 3,142…
  • Jan 17

    Fisher-Price Rock ‘N Play Infant Sleeper Recall to Inspect – Not Reimburse

    Fisher-Price Rock ‘N Play Infant Sleeper Recall to Inspect – Not Reimburse
    On January, 8, 2013, The Consumer Product Safety Commission in association with Fisher-Price announced a voluntary recall of the Rock ‘N Play Infant Sleeper due to the risk of mold developing between the removable seat cushion and hard…
Rank this Week: 4890

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: 1822

Class Action Defense Blog

Class Action Defense Blog

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

http://classactiondefense.jmbm.com/
Rank this Week: 1741

Class Action Defense Review

Class Action Defense Review

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

http://www.classactiondefensereview.com/
  • Dec 6

    When Do Multiple State Court Actions Become a Removable "Mass Action"?

    When Do Multiple State Court Actions Become a Removable "Mass Action"?
    Under the Class Action Fairness Action of 2005, defendants may remove certain class actions to federal court if they meet the definition of “mass actions.” To qualify as a “mass action,” a lawsuit must involve…
  • Oct 28

    Extending the Reach of Comcast v. Behrend

    Extending the Reach of Comcast v. Behrend
    This past March, the Supreme Court held that a class may not be certified if its proposed damages model does not adequately limit damages to the alleged wrongful conduct that will be adjudicated before the trial court. In Comcast Corp. v.…
  • Sep 20

    The Consequences of Not Invoking a Right to Arbitrate

    The Consequences of Not Invoking a Right to Arbitrate
    A class action is brought against a company notwithstanding an arbitration provision in the company’s standard contract. The company does not move to compel arbitration, but begins litigating the matter in federal court. A second…
Rank this Week: 3833

Class Action Fairness Act Blog

Class Action Fairness Act Blog

Offers information, cases and insights on the Class Action Fairness Act of 2005 (CAFA). By McGlinchey Stafford.

http://www.cafalawblog.com/
  • Jan 29

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

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

    Fifth Circuit weighs in on ambiguous class definition

    Fifth Circuit weighs in on ambiguous class definition
    Arbuckle Mountain Ranch of Texas Inc v Chesapeake Energy Corporation, Case No. 15-10955, 2016 WL 98128 (5th Cir. Jan 7, 2016). In a 2-1 decision, the Fifth Circuit examined an ambiguous complaint suggesting two class definitions, (one a…
  • Jan 12

    A Noteworthy Event – March 17-18

    A Noteworthy Event – March 17-18
    With new claims arising out of the Video Privacy Protection Act and Telephone Consumer Protection Act (TCPA), ACI’s Data Breach & Privacy Litigation and Enforcement conference on March 17-18, 2016 at the Union League in Philadelphia…
Rank this Week: 51

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 1019

Conflict of Laws .net

Conflict of Laws .net

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

http://conflictoflaws.net
  • Feb 1

    Latest Issue of RabelsZ: Vol. 80 No. 1 (2016)

    Latest Issue of RabelsZ: Vol. 80 No. 1 (2016)
    The latest issue of “Rabels Zeitschrift für ausländisches und internationales Privatrecht  – The Rabel Journal of Comparative and International Private Law” (RabelsZ) has just been released. It contains…
  • Feb 1

    New publications: Practical Handbooks on the Operation of the Service and Evidence Convention

    New publications: Practical Handbooks on the Operation of the Service and Evidence Convention
    The Permanent Bureau of the Hague Conference on Private International Law has just published two Practical Handbooks: * Practical Handbook on the Operation of the Service Convention (4th edition); * Practical Handbook on the Operation of the…
  • Jan 31

    ERA Conference on Recent case law of the ECtHR in family matter

    ERA Conference on Recent case law of the ECtHR in family matter
    Objective This seminar will provide participants with a detailed understanding of the most recent jurisprudence of the European Court of Human Rights (ECtHR) related to family law matters. The spotlight is centred on Article 8 (respect for…
Rank this Week: 44

Construction & Transition…

Construction & Transition Litigation Law Blog

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

http://www.constructionlitigationlawblog.com/
  • Sep 28

    First Annual National Construction Defect Conference

    First Annual National Construction Defect Conference
    On November 19-20, 2015, I will be speaking at Perrin Conferences’ First Annual National Construction Defect Conference at the Ritz-Carlton Hotel and Conference Center in Fort Lauderdale, Florida. I am honored to join an esteemed panel…
  • Sep 3

    Triggering the Protections of the Consumer Fraud Act with Breach of Contract

    Triggering the Protections of the Consumer Fraud Act with Breach of Contract
    You hire an architect to prepare plans for the construction of a new home and a developer to execute those plans and physically construct the home. The plans require the testing of the underlying soil to confirm that the bearing capacity of…
  • Aug 25

    Misrepresenting Their Qualifications, Inexperienced Contractors are Liable for Consumer Fraud

    Misrepresenting Their Qualifications, Inexperienced Contractors are Liable for Consumer Fraud
    When finding and hiring contractors to perform construction work, property owners rely on information provided by the contractor, especially relating to the experience, skill and specialized knowledge they possess to perform the requested…
Rank this Week: 2915

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

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

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 1628

Court Technology and Trial…

Court Technology and Trial Presentation Blawg

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

http://trial-technology.blogspot.com/
  • Jan 18

    Pro Files: Monica Bay

    Pro Files: Monica Bay
    If you've been involved or interested in Legal Technology for a few years or more, you already know Monica Bay, who was Editor-in-Chief of Law Technology News, the predecessor to ALM's Legaltech News. If so, you are also familiar with…
  • Jan 4

    Going to Trial Soon?

    Going to Trial Soon?
    (no political message intended)For the following hypothetical, let’s assume you have a trial coming up in a couple months, and that your case warrants having someone assist with the trial presentation, including handling all of the…
  • Dec 31

    Best Wishes for a Successful and Prosperous 2016!

    Best Wishes for a Successful and Prosperous 2016!
    I hope this past year and Holiday Season have been good for you, and that the New Year brings new and exciting opportunities. Of course, we each have a certain degree of control and personal responsibility -- I’ve never seen a door…
Rank this Week: 3393

David F. Sugarman

David F. Sugarman

Covers class action cases, civil justice issues and consumer law matters. By David Sugarman.

http://www.davidsugerman.com/
  • Nov 13

    For those facing collections efforts from Sallie Mae for Western Culinary Inst./Le Cordon Bleu Portland tuition

    For those facing collections efforts from Sallie Mae for Western Culinary Inst./Le Cordon Bleu Portland tuition
    So we’ve been hearing a lot from class members about Sallie Mae efforts at collection of debts arising from loans for those who attended Western Culinary Institute and Le Cordon Bleu Portland who are part of the class action against those…
  • Sep 13

    Moving to dismiss the appeal brought by Career Education Corp and Western Culinary

    Moving to dismiss the appeal brought by Career Education Corp and Western Culinary
    For those interested, I’m posting our recent motion to dismiss and motion for reconsideration in Surrett v. Career Education Corp., our consumer fraud class against Career Education Corp for Western Culinary Institute/Le Cordon Bleu…
  • Sep 5

    Oregon Qarmat Ali vets’ case against KBR headed to trial

    Oregon Qarmat Ali vets’ case against KBR headed to trial
    Today, Judge Papak issued another summary judgment opinion denying KBR’s motions for summary judgment on fraud and negligence. Here is a PDF copy: 512 – opinion & order – fraud and neglig It’s a long opinion, but it provides a really…
Rank this Week: 4136