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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: 3375

A Blog on Legal Matters that…

A Blog on Legal Matters that Matter

Comments on trials and litigation and injury and accident law. By The Martin Law Firm, LLC.

http://blog.martinfirmllc.com/
  • Mar 27

    Is a General Contractor an Employer Under Title VII?

    Is a General Contractor an Employer Under Title VII?
    Many employment matters can be pretty straightforward when it comes to determining who the employer is and whether that employer is covered by Title VII, the federal anti-discrimination statute that protects certain employees. When clients…
  • Mar 14

    Worker's Compensation and Third-Party Claim

    Worker's Compensation and Third-Party Claim
    It is not uncommon for an employee to be injured on the job by a third-party who has no relationship to the employee's business. In many cases, the injured employee can file both a workers' compensation claim with his or her employer, while…
  • Mar 10

    Which is Better - Stacked or Unstacked?

    Which is Better - Stacked or Unstacked?
    The purpose of automobile insurance is to protect anyone who is injured or suffers property damage as a result of an automobile accident. Although some type of automobile insurance is required for all motorists, not everyone complies. This…
Rank this Week: 3338

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: 1616

A Winning Tip

A Winning Tip

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

http://awinningtip.blogspot.com/
  • May 1

    Don’t Undermine The Value of Your Focus Group

    Don’t Undermine The Value of Your Focus Group
    A focus group has many benefits, among the primary the opinions the “jurors” offer on the case: strengths, weaknesses, validity of themes, etc.  However, focus group jurors can only provide opinions if they are asked the…
  • Apr 3

    Your Client, Expert, and Witness E-Impressions Matter! Manage Them Well

    Your Client, Expert, and Witness E-Impressions Matter! Manage Them Well
    What is written has more weight than what is said. Always. That is why, when something is important, we write it down. That is why, in any courtroom, jurors will believe documents over witness testimony. Unfortunately, clients often forget…
  • Mar 2

    Watch Those Jurors: Body Language Trumps the Spoken Word

    Watch Those Jurors: Body Language Trumps the Spoken Word
    The courtroom setting is unfamiliar to most prospective jurors, and sitting with a group of strangers is not necessarily within most people's comfort zone, much less being grilled by counsel during voir dire. In addition to which potential…
Rank this Week: 4830

Accessibility Defense

Accessibility Defense

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

http://accessdefense.com
  • Jan 19

    ADA compliance – half right is all wrong

    ADA compliance – half right is all wrong
       Two realities dominate the world of ADA compliance and defense. First, the ADA is a no-fault statute: good intentions don’t matter and innocence is no defense. Second, even when barrier removal is impossible, a business…
  • 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”…
Rank this Week: 2775

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: 4430

Alabama Litigation Review

Alabama Litigation Review

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

http://www.alabamalitigationreview.com
  • May 18

    Were Clinical Trials For Xarelto Tainted By Misconduct?

    Were Clinical Trials For Xarelto Tainted By Misconduct?
    What is Xarelto? Xarelto (Rivaroxaban) is a relatively new coagulant (blood thinner). The FDA first approved Xarelto in 2011. It is distributed in the United States by Johnson & Johnson subsidiary Janssen Pharmaceuticals and Bayer…
  • May 8

    The Lobby To Gut Workers’ Compensation

    The Lobby To Gut Workers’ Compensation
    An interesting article discusses the quiet lobbying effort to gut workers’ compensation laws bankrolled by Walmart and several other large retailers. According to the article, these companies have supported and funded a behind the…
  • Apr 9

    How Much Is An Arm Worth In Alabama? Not Much.

    How Much Is An Arm Worth In Alabama? Not Much.
    ProPublica recently published an in-depth series detailing the demise of workers’ compensation benefits in many states. Journalist Michael Grabell did an excellent job researching the changing issues faced by injured workers and their…
Rank this Week: 4183

Alaska Law Blawg

Alaska Law Blawg

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

http://aloinc.com/alaska-law-blawg/
  • Apr 23

    Resolving Cross Motions for Summary Judgment

    Resolving Cross Motions for Summary Judgment
    By: Clayton Walker The Alaska Supreme Court overruled a Superior Court’s resolution of Cross Motions for Summary Judgment.  Stavenjord v. Schmidt.  The case started back in 2001.  The matter had been fully briefed by…
  • Apr 16

    1099-C Tax on Debt Forgivene

    1099-C Tax on Debt Forgivene
    By: Clayton Walker The federal tax code taxes debt forgiveness.  The tax code also requires those forgiving debts to file information returns to the IRS, using form 1099-C. So, you lose your house in a foreclosure sale and the bank…
  • Mar 18

    Alaska Overtime — Professional Employee Exemption Doesn’t Cover Pilot

    Alaska Overtime — Professional Employee Exemption Doesn’t Cover Pilot
    By: Clayton Walker Alaska Overtime law requires covered employers to pay overtime to covered employees.  One exemption to the overtime law is the Professional Employee Exemption.  The old Alaska exemption was not the same as the…
Rank this Week: 3225

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/
  • 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…
  • Jul 2

    Atkinson Conway & Gagnon Attorneys Contribute To Legal Publication On Attorney Malpractice

    Atkinson Conway & Gagnon Attorneys Contribute To Legal Publication On Attorney Malpractice
    Atkinson Conway & Gagnon is pleased to announce that Bruce E. Gagnon and Christopher J. Slottee have contributed to a new publication, The Law of Lawyers Liability, a collection of articles discussing the state of legal malpractice law in all…
Rank this Week: 4493

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: 4553

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: 380

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/
  • May 7

    Bits and Pieces on Writing

    Bits and Pieces on Writing
    Of interest on the topic of writing... First, Bryan Garner has a column on the ABA Online, "First impressions endure, even in brief writing." In it, Garner makes use of social science research and the work of Nobel laureate…
  • Apr 14

    Proposed Maryland Rule Heads Wrong Way on Unpublished Opinion

    Proposed Maryland Rule Heads Wrong Way on Unpublished Opinion
    As Michael Wein of the Maryland Appellate Blog reports in some detail, the Maryland Rules Committee has responded to increased media publication of its "unreported decisions" by proposing to: 1) have the court publish the opinions…
  • Apr 2

    CA3blog on the Third Circuit's Low Published Opinion Rate

    CA3blog on the Third Circuit's Low Published Opinion Rate
    Matthew Stiegler's CA3blog dug into the new AO Court Statistics and found that when it comes to issuing published opinions, the Third Circuit doesn't publish very many of them. It publishes the fewest published opinions of any circuit, and…
Rank this Week: 2378

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: 549

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: 2488

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/
  • May 25

    3 Ideas For A Successful Asset Search

    3 Ideas For A Successful Asset Search
    How can you efficiently search for and detect assets you are unaware of?  One way is to spot the red flags indicating that assets could have been hidden.  Ideally, your asset search should also: LOOK FOR LAUNDERED…
  • May 18

    Divorce & Hidden Money: Requesting Documents To Help Search For Assets Hidden Offshore

    Divorce & Hidden Money: Requesting Documents To Help Search For Assets Hidden Offshore
    A divorcing spouse could conceivably hide the following types of assets offshore: bank accounts; business entities; trust funds; real estate; aircrafts & yachts; automobiles; fine art and other valuables.  Leads which…
  • May 11

    Data Brokers Searching For Your Assets, Bank Accounts & Other Personal Information?

    Data Brokers Searching For Your Assets, Bank Accounts & Other Personal Information?
    As the Federal Trade Commission, (“FTC”), video depicted above reveals, data brokers (a.k.a. “information brokers”) and some other private sector businesses sell your highly personal information.  The video…
Rank this Week: 299

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: 1153

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
  • Nov 20

    Capra et. al. Petition for Writ of Certiorari United States Supreme Court

    Capra et. al. Petition for Writ of Certiorari United States Supreme Court
    Link to Supreme Court briefSupreme Court brief:
  • Jul 13

    The Curious Case of George Zimmerman and the Castle Doctrine

    The Curious Case of George Zimmerman and the Castle Doctrine
    The Curious Case of George Zimmerman and the Castle Doctrine By R Tamara de Silva July 13, 2013 The George Zimmerman case is valuable because it sheds needed light on the pale underbelly of the Castle Doctrine and stand your ground…
  • Jun 27

    Supreme Court Strikes Down DOMA

    Supreme Court Strikes Down DOMA
    DOMA Falls at the Supreme Court-Good Riddance June 27, 2013 R. Tamara de Silva Yesterday, the United States Supreme Court struck down the Defense of Marriage Act ("DOMA"). The Defense of Marriage Act was signed into the law in 1996 by…
Rank this Week: 3560

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: 1501

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: 491

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/
  • May 25

    Structured Settlement Surveys - 2

    Structured Settlement Surveys - 2
    The National Structured Settlement Trade Association (NSSTA), in partnership with CLM Advisors, has recently completed a three-part structured settlement survey project of senior claims executives (Part 1), claims professionals (Part 2) and…
  • May 20

    Structured Settlement Primary Market Growth

    Structured Settlement Primary Market Growth
    The 2015 First Quarter Report of structured settlement annuity provider sales recently compiled and selectively distributed by Melissa Evola Price provided welcome news for the industry. Structured settlement 2015 first quarter annuity…
  • Apr 28

    NSSTA 2015 Annual Meeting

    NSSTA 2015 Annual Meeting
    Continuing to advance a theme of "industry unity", which now appears to encompass some collaborative political lobbying as well as education, the National Structured Settlement Trade Association (NSSTA) hosted its 2015 Annual Meeting April…
Rank this Week: 349

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: 1105

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • May 26

    Patent Infringers Lose a Scary Defense

    Patent Infringers Lose a Scary Defense
    The U.S. Supreme Court has taken away a potentially devastating defense from companies that induce others to infringe patents. The Court ruled in Commil USA, Inc. v. Cisco Systems, Inc., No. 13-896, slip op. at 10 (U.S. May 26, 2015),...
  • May 25

    Apple Loses $382 Million on Trade Dress Verdict

    Apple Loses $382 Million on Trade Dress Verdict
    Apple v. Samsung Saga In 2012 and 2013, two Silicon Valley juries awarded Apple a total of $929,860,041 for Samsung's use in its smartphones and tablets of three intellectual property types -- design patents, utility patents, and trade dress…
  • May 20

    Does the Supreme Court Disfavor Limitations Defenses?

    Does the Supreme Court Disfavor Limitations Defenses?
    Focus on substance over procedure The Supreme Court just vacated a judgment that enforced a six-year statute of limitations against beneficiaries of a employer savings plan. The ruling reinforces the view that this Court feels little love for…
Rank this Week: 573

Boston Lawyer Blog

Boston Lawyer Blog

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

http://www.bostonlawyerblog.com/
Rank this Week: 2661

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/
  • May 27

    MAY 2015 FI&C WEBSITE NEWSLETTER

    MAY 2015 FI&C WEBSITE NEWSLETTER
    *   FI&C received the 2014-2015 Community Service Award from the Cincinnati Bar Association Young Lawyers Section. *   FI&C is proud to again sponsor the annual Program in Law and Technology’s symposia at the…
  • May 26

    Illinois’ New Eavesdropping Law – More of the Same?

    Illinois’ New Eavesdropping Law – More of the Same?
    Late last year, Illinois’ then-governor, Pat Quinn, passed a new eavesdropping law, Public Act 098-1142 (formerly S.B. 1342). The new law filled a void left by two Illinois Supreme Court decisions that struck down the old eavesdropping…
  • May 18

    Petition Filed with SCOTUS to Consider Whether the First Amendment Permits Claims for Retroactive Defamation in the Internet Age

    Petition Filed with SCOTUS to Consider Whether the First Amendment Permits Claims for Retroactive Defamation in the Internet Age
    If you practice media law, then it comes as no surprise that individuals who have had their criminal records sealed also want to wipe the Internet clean of any reporting on those records. What may be a “legal truth,” however, is…
Rank this Week: 4075

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: 1861

California Business Litigation…

California Business Litigation Blog

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

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

    New York Court Approves the Use of Class Action Notification Via Social Media

    New York Court Approves the Use of Class Action Notification Via Social Media
    More than one judge has approved the use of social media for service of process. Now a judge has approved a bid to use websites like Facebook for informing potential participants of a class action lawsuit. The New York Federal Court has…
  • May 8

    Family Fights for Daughter to Take Marijuana Prescription at School

    Family Fights for Daughter to Take Marijuana Prescription at School
    Teenager Genny Barbour is in an unusual situation. Diagnosed with autism and epilepsy, Genny has experienced ongoing emotional and mental difficulties as well as debilitating seizures. Her parents, Roger and Lora, spent years trying every…
  • May 1

    NLRB Decision May Cause Companies to Amend Email Policie

    NLRB Decision May Cause Companies to Amend Email Policie
    The National Labor Relations Board made a landmark decision recently, when it ruled that employees have the right to use their employer's email system to send communications regarding union organizing. The decision came in response to a…
Rank this Week: 2583

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: 4523

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: 2154

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 96

CEB blog

CEB blog

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

http://blog.ceb.com
  • May 27

    Develop a Routine: Stock Questions to Ask in Every Deposition

    Develop a Routine: Stock Questions to Ask in Every Deposition
    Every case is different, but there are some questions you should ask in most every deposition. Know your routine questions and use them. Every attorney should develop a list of stock questions and ask them of most deposition witnesses. Here…
  • May 20

    Don’t Dodge—Defuse: Use Your Opening Statement to Handle Problem Area

    Don’t Dodge—Defuse: Use Your Opening Statement to Handle Problem Area
    Almost every case has problems—sometimes they are analogous to bombs waiting to drop on your case. The key is whether you show them to the jury and simultaneously defuse them, or whether the opposition drops them with glee. One of the…
  • May 18

    What If the Ex-Spouse Hits the Jackpot?

    What If the Ex-Spouse Hits the Jackpot?
    A couple gets divorced and one is ordered to pay spousal support to the other. But then the one getting support hits the lottery, inherits a lot of money, or has some other financial windfall. Is the support payer off the hook? Here’s…
Rank this Week: 2739

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: 1065

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • May 25

    The Courts and Patent Litigation

    The Courts and Patent Litigation
    We often hear concerns with the ability or the willingness of the courts to handle sophisticated patent cases.  While we feel the concern is overstated, there are legitimate concerns.  Roy Strom examines a number of these concerns…
  • May 22

    Covered Business Method Review of Four of Fifteen Patents Warrants Stay

    Covered Business Method Review of Four of Fifteen Patents Warrants Stay
    Trading Techs. Int’l, Inc. v. BCG Partners, Inc., Nos. 10 C 715, 716, 718, 720, 721, 726, 882-885, 929 & 931, Slip Op. (N.D. Ill. Mar. 25, 2015) (Kendall, J.). Judge Kendall granted defendants’ motion to stay this patent…
  • May 20

    Bit Torrent Default Judgment Gets $750/Movie

    Bit Torrent Default Judgment Gets $750/Movie
    Malibu Media, LLC v. Funderburg, No. 13 C 2614, Slip Op. (N.D. Ill. Apr. 24, 2015) (Dow, J.). Judge Dow granted plaintiff Malibu Media’s motion for default judgment in this copyright case regarding pornographic movies.  Malibu…
Rank this Week: 178

Chicago Law Source

Chicago Law Source

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

http://chicagolawsource.blogspot.com/
  • Apr 29

    West Town Chicago - We Have Moved! Levin Law Version 4.0!

    West Town Chicago - We Have Moved! Levin Law Version 4.0!
    Hello All in the Blogosphere!  Welcome to springtime in Chicago, where it's glorious, the flowers are blooming, and we are announcing that we have moved to 819 N. Damen Avenue.  We have triple the space, 100x more pizazz, and we are ready…
  • Mar 18

    Legal Research - Don't Be Fooled By Westlaw Or Lexis - You Will Love Again

    Legal Research - Don't Be Fooled By Westlaw Or Lexis - You Will Love Again
    Hello Chicago Law Sourcers, we are excited to be in full swing into 2015 and rocking and rolling our way through the days.  Today's post is about legal research.  Just a short one, to remind you that your so-called "tried and…
  • Jan 21

    Breaking Up With Counsel... Oh So Hard To Do! But Why?

    Breaking Up With Counsel... Oh So Hard To Do! But Why?
    Hello Chicago Law Sourcers!  Happy January 2015.  Can you believe it's already almost February?  Boy, how time flies when you are having fun.  Well, today, I'd like to talk about what happens when you have a bad attorney, and how that…
Rank this Week: 4418

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: 4603

Circuit Splits

Circuit Splits

Covers divisions between circuit courts. By Nicholas J. Wagoner.

http://www.circuitsplits.com/
  • Jun 6

    Parallel Review and Identifying Circuit Split

    Parallel Review and Identifying Circuit Split
    This post is part of a series exploring the ideas in an important new article by Professor Aaron-Andrew Bruhl (Univ. Houston), entitled Measuring Circuit Splits: A Cautionary Note. One important concept Bruhl explains is that of parallel…
  • Jun 6

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)
    Aaron-Andrew Bruhl (pictured), a professor at University of Houston Law Center, has an important new article on SSRN entitled Measuring Circuit Splits: A Cautionary Note. This article is, simply put, brilliant. It changed the way that I think…
  • May 13

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split
    Sometimes appellate advocates argue that the circuit court panel in their case should align with the decisions of one or two other circuits in order to avoid creating a circuit split. In one recent case, the lawyer stretched the argument too…
Rank this Week: 903

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/
Rank this Week: 772

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: 1454

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: 2466

Class Action Blog

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Packman, Nealon, Scialabba & Baker P.C.

http://classactionblog.mpnsb.com/
  • Mar 26

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)
    The Court conditionally certified Meiselman Packman Nealon Scialabba & Baker P.C.’s federal lawsuit against PJPA, LLC a Papa John’s Pizza franchisee in Pennsylvania, New Jersey and Delaware.  As a result of the…
  • Mar 14

    McDonald’s And Other Food Chains May Be Underpaying Employee

    McDonald’s And Other Food Chains May Be Underpaying Employee
    Many fast food restaurants require their employees to purchase uniforms and/or clean their uniforms at their own costs.  However, employees should be reimbursed for the cost of purchasing and cleaning their uniforms.  In a recent…
  • Mar 10

    Tom’s Natural Toothpaste May Not Actually Be Natural

    Tom’s Natural Toothpaste May Not Actually Be Natural
    Consumers in the U.S. rely on labels that say “natural” when purchasing products such as toothpastes.  Consumers are even willing to pay extra money to buy products that are labeled “natural”.  Unfortunately,…
Rank this Week: 281

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: 964

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: 4054

Class Action Fairness Act Blog

Class Action Fairness Act Blog

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

http://www.cafalawblog.com/
Rank this Week: 31

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 1408

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
  • May 25

    Dicke on Capital Market related Transactions with Consumers under the Rome I Regulation

    Dicke on Capital Market related Transactions with Consumers under the Rome I Regulation
    Andrea Isabell Dicke, attorney at law in Berlin, has authored a book on capital market related financial transactions with consumers under the Rome I Regulation (“Kapitalmarktgeschäfte mit Verbrauchern unter der Rom…
  • May 24

    Travaux du Comité Français de Droit International Privé

    Travaux du Comité Français de Droit International Privé
    The release of the latest volume of the Travaux du Comité Français de DIP, 2013-2014, has just been announced. These are the contributions therein: Olivier CACHARD Les conventions uniformes régissant les transports…
  • May 23

    Conference on Extraterritorial Application of EU Law 18-19 June (Vigo, Spain)

    Conference on Extraterritorial Application of EU Law 18-19 June (Vigo, Spain)
    The Spanish Association of Professors of International Law and International Relations is hosting a conference on The Extraterritorial Application of EU Law in Vigo (Spain) the 18th and 19th of June 2015. The conference is structured in 8…
Rank this Week: 22

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/
  • May 21

    Ruling Affirms Construction Defect Plaintiff’s Entitlement to Counsel Fees in Confirming Coverage Available to Defendant Contractor

    Ruling Affirms Construction Defect Plaintiff’s Entitlement to Counsel Fees in Confirming Coverage Available to Defendant Contractor
    A unanimous New Jersey Supreme Court opinion has affirmed the rights of an aggrieved plaintiff to recover counsel fees incurred in prosecuting relief through a declaratory judgment; enforcing a duty to defend owed by a general liability…
  • Apr 23

    Practical Tips for New Construction Homebuyer

    Practical Tips for New Construction Homebuyer
    Purchasing a new construction home is an exciting endeavor. Once all the design options and custom changes are finalized, the wait begins. While all builders discourage purchasers from visiting the construction site, most builders will…
  • Apr 23

    Practical Tips for New Construction Homebuyer

    Practical Tips for New Construction Homebuyer
    Purchasing a new construction home is an exciting endeavor. Once all the design options and custom changes are finalized, the wait begins. While all builders discourage purchasers from visiting the construction site, most builders will…
Rank this Week: 3010