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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.”
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…
Nov 20
1998 – The God Pod

1998 – The God Pod

Two former Tarrant County jail inmates and a college professor filed suit in the 352nd District Court against Tarrant County and the Tarrant County Sheriff for operating a particular jail “pod” designated as the CEU (Chaplain’s…

Rank this Week: 5185

A Buffalo Lawyer

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

http://abuffalolawyer.blogspot.com/

May 13
pro bono appeals program

pro bono appeals program

http://www.nysba.org/Content/NavigationMenu31/ProBonoAppealsProgram/default.htm
Mar 15
upcoming CLE on Legal Ethics & Social Networking

upcoming CLE on Legal Ethics & Social Networking

On March 27, 2013 (@ 12:15 in the Ceremonial Court Room @ 95 Franklin), the Charles S. Desmond Inn of Court will present a CLE on "Legal Ethics & Social Networking" to be hosted by ABL. 1.5 hours in legal ethics. Having just…
Mar 14
New firm policy

New firm policy

"New firm policy, listen up! Anybody who sues this firm or me personally, we all drop whatever cases we are working on. We devote all of our intellectual and creative efforts to ruining that person's life. Are we clear? I don't want to stop…

Rank this Week: 3687

A Winning Tip

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

http://awinningtip.blogspot.com/

May 31
Win Your Case by Winning Client Cooperation!

Win Your Case by Winning Client Cooperation!

It’s often said that the practice of law would be great if it weren’t for clients . . . Clients, of course, are what drive your business, so like it or not, part of a successful practice is learning how to deal with difficult…
May 16
Superior Court Judge M. Marc Kelly Honors Juror

Superior Court Judge M. Marc Kelly Honors Juror

I had the privilege of being part of Orange County Superior Court Judge M. Marc Kelly's annual luncheon honoring jurors who served in his courtroom over the past year. About 70 jurors were in attendance. The luncheon is a way for the judge to…
May 1
Valuable Lessons From the Vicky Pryce Trial

Valuable Lessons From the Vicky Pryce Trial

The Vicky Pryce and Chris Huhne trials, featuring, per the New York Times “a leading politician, his extramarital affair, a speeding ticket, his now-divorced wife and her decision to wreak her revenge” finally ended mid-March with…

Rank this Week: 4507

ABA Litigation Podcast: Tips &…

ABA Litigation Podcast: Tips & Tactics for the Practicing Trial Lawyer

The Litigation Podcast delivers practical tips and tactics for all phases of trial â€" from pretrial case development to appellate argument. Brought to you by the Section of Litigation of the American Bar Association.

http://www.americanbar.org/groups/litigation/resources/section_audio.html

Jan 10
Spoliation of Electronic Evidence: A Judicial Boiling Point?

Spoliation of Electronic Evidence: A Judicial Boiling Point?

As the pace of technological development has accelerated, the legal profession has struggled to keep up. How does new technology affect discovery obligations?
Nov 28
Curb Your Enthusiasm: The Ethical Bounds of Zealous Advocacy

Curb Your Enthusiasm: The Ethical Bounds of Zealous Advocacy

Some lawyers have tried to play the "zealous advocacy" card to escape the consequences of their misbehavior.
Oct 30
Brand Enforcement on Social Networking Site

Brand Enforcement on Social Networking Site

In today's Web 2.0 world, businesses have inexpensive and far-reaching mechanisms through which to promote their brands and advertise their goods and services.

Rank this Week: 3024

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: 5144

Alabama Litigation Review

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

http://www.alabamalitigationreview.com

Jun 18
How Should Alabama Select Judges?

How Should Alabama Select Judges?

In January, I wrote about the need to re-think the way we select judges in Alabama. Our costly partisan elections harm our justice system. Is Alabama's costly system similar to most other states? The short answer is, no. A recent Washington…
May 16
Justice And Arbitration Fairne

Justice And Arbitration Fairne

Arbitration. What role should it play in our justice system? What role does it currently play? These are important questions if you have an interest in seeing that those injured are able to access the courthouse for justice. As Federal…
May 11
Hospital Bills and Payments: Issues in Personal Injury Case

Hospital Bills and Payments: Issues in Personal Injury Case

The U.S. government recently released data detailing and comparing hospital charges. The clear fact revealed by the data -- Charges for specific procedures can vary greatly between hospitals. This comes as no surprise to me. I see hospital…

Rank this Week: 1907

Alaska Law Blog

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

http://www.alaskalawblog.com/

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…
Mar 20
Where To Go To Resolve Your Securities Claims? FINRA Abritration.

Where To Go To Resolve Your Securities Claims? FINRA Abritration.

Most people know that it is a good idea to hire an attorney when entering contracts, creating a will or trust, or engaging in litigation. What you may not know is that you can, and often should, hire an attorney for arbitrations. With…

Rank this Week: 4817

An Appeal to Reason

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

http://donnabader.com

Oct 24
A smorgasbord of tips from my new book, An Appeal to Reason.

A smorgasbord of tips from my new book, An Appeal to Reason.

Early this October, I was invited to speak at the 2012 Belli Seminar organized by the Santa Clara Trial Lawyers Association. What an event! I was flattered to share the stage with some top-notch trial lawyers, including John…
Oct 22
Sharing appellate tips and knowledge

Sharing appellate tips and knowledge
Sep 11
Have you Googled your clients lately?

Have you Googled your clients lately?

The Internet is a great source for information. As attorneys, we need to get our names out there so prospective clients can find us. On the flip side, how often do you, as part of your intake, conduct searches on your clients?

Rank this Week: 2910

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/

Jun 12
Motorcycles Are Dangerously Fun

Motorcycles Are Dangerously Fun

I'm sure it comes as no surprise that motorcycle accidents are far more deadly than other types of vehicle accidents. According to the U.S. Department of Transportation's National Highway Traffic Safety Administration, motorcycles are 35…
Jun 11
Driving Is Risky Busine

Driving Is Risky Busine

Driving is probably the most dangerous activity in which most of us engage every single day. According to the Texas Department of Transportation, over 2,800 people were killed in auto accidents in Texas alone. The TxDOT also reported…
May 21
Texting While Driving Is Deadly

Texting While Driving Is Deadly

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

Rank this Week: 1018

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: 497

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 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 fresh. This will…
Sep 16
Prosecution: Reign of Terror

Prosecution: Reign of Terror

The Doctor and his companions visit Revolutionary France, a period that is “the Doctor’s favorite period of Earth history” according to Susan. As I think I have mentioned before, I like these period pieces, as they add variety to…

Rank this Week: 2823

Asset Search Blog

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

http://www.assetsearchblog.com/

Jun 10
Complaint Claims Detectives Searched For Bank Accounts Via Backdoor Channel

Complaint Claims Detectives Searched For Bank Accounts Via Backdoor Channel

On behalf of plaintiff Victoria Florea, I filed the August 7, 2012 civil complaint with its supporting exhibits in Florea v. Bocra, et. al., United States District Court for the District of Puerto Rico, Index No. 12-cv-01642. The…
Jun 2
Assest Search News Roundup: June 2, 2013

Assest Search News Roundup: June 2, 2013

Liberty Reserve’s red flags, a new Swiss bill and letters rogatory: “Liberty Reserve’s money laundering spotted in 2009” reports the Costa Rican Financial Intelligence Unit had investigated Liberty Reserve because of…
May 29
Guatemala’s Former President & His Alleged Illicit Asset

Guatemala’s Former President & His Alleged Illicit Asset

U.S. prosecutors issued a press release yesterday announcing the extradition of former Guatemalan President Alfonso Portillo. Mr. Portillo’s extradition to the United States was based on his alleged money laundering.…

Rank this Week: 1762

At Counsel Table

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

http://atcounseltable.wordpress.com

Jun 17
To Gesture Or Not To Gesture

To Gesture Or Not To Gesture

“Some people cling to an old-fashioned, post-Victorian belief that gestures are inappropriate for public speaking. Law students and attorneys are often told to place their hands on the lectern or at their sides, because gestures…
Jun 14
Which Of Us Will Go The Distance?

Which Of Us Will Go The Distance?

I had a great dinner last night with someone I’ve known off and on for several years and who qualifies as one of the true luminaries of the Los Angeles Bar. Part of what made it a special meal was the food (lemon white wine-poached…
Jun 10
Give Your Brief Headings The Marquee Treatment

Give Your Brief Headings The Marquee Treatment

A colleague who recently passed the California Bar Examination hosted a group of us to a round of drinks and the talk turned to bar examination grading. Specifically, how little time the graders spent on each essay (I think it was a matter of…

Rank this Week: 765

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

Mar 26
Supreme Court Hears Proposition 8-Marriage Equality Reconsidered

Supreme Court Hears Proposition 8-Marriage Equality Reconsidered

Supreme Court Hears Proposition 8-Marriage Equality Reconsidered
Mar 19
First Sale Doctrine in Overseas Copyright Case

First Sale Doctrine in Overseas Copyright Case

First Sale Doctrine in Overseas Copyright Case By R Tamara de Silva March 19, 2013 The United States Supreme Court ruled 6-3 today that the “first sale” doctrine, a limitation on the rights of a copyright owner in the copyright…
Mar 18
ACLU v CIA

ACLU v CIA

ACLU v. CIA on Targeted Killings and Drones R. Tamara de Silva On March 15, 2013, the United States Court of Appeals for the District of Columbia in an opinion written by Chief Justice Garland, held that the Central Intelligence Agency…

Rank this Week: 3035

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: 1856

Bailey Class Action Daily

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

http://www.baileydaily.com/

May 24
Third District Order’s Rest Period Claim To Be Certified Based on Employer’s Use of Unlawful “Piece Rate” Policy: Bluford v. Safeway Store

Third District Order’s Rest Period Claim To Be Certified Based on Employer’s Use of Unlawful “Piece Rate” Policy: Bluford v. Safeway Store

On May 24, 2013, the Third District ordered publication of the rest period component of its opinion in Bluford v. Safeway Stores, __ Cal.App.4th __ (2013), which addressed the trial court’s denial of certification based on a purported…
May 13
Fourth District Reverses Prior Meal/Rest Period Certification Opinion Based On Brinker, Orders “On-Duty” Break Theories To Be Certified On Behalf of Security Guard Class: Faulkinbury v. Boyd & Associates, Inc.

Fourth District Reverses Prior Meal/Rest Period Certification Opinion Based On Brinker, Orders “On-Duty” Break Theories To Be Certified On Behalf of Security Guard Class: Faulkinbury v. Boyd & Associates, Inc.

On May 10, 2013, the Fourth District Court of Appeal (Division Three) reversed its prior opinion in Faulkinbury v. Boyd & Associates, Inc., 185 Cal. App. 4th 1363 (2010), which had affirmed the trial court’s denial of certification…
Mar 20
Northern District Certifies Unpaid Wage Claims on Behalf of Technicians Alleging Required Commute Time in Company-Issued Vehicles Was Not Compensated: Gonzales v. Simplexgrinnell LP

Northern District Certifies Unpaid Wage Claims on Behalf of Technicians Alleging Required Commute Time in Company-Issued Vehicles Was Not Compensated: Gonzales v. Simplexgrinnell LP

On February 12, 2013, Northern District Court Judge Richard Seeborg granted certification of unpaid wage claims in Gonzales v. Simplexgrinnell LP, 2013 U.S. Dist. LEXIS 31627 (N.D. Cal. Feb. 12, 2013) on behalf of a class comprised of…

Rank this Week: 1678

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/

Jun 6
Affordable Care Act - 4

Affordable Care Act - 4

The Patient Protection and Affordable Care Act (ACA) represents a comprehensive expansion and restructuring of the United States health care system whose most important and controversial provisions for personal injury settlement planning,…
May 30
Affordable Care Act - 3

Affordable Care Act - 3

The Patient Protection and Affordable Care Act (ACA) represents the most comprehensive government expansion and legal restructuring of the United States healthcare system since the passage of Medicare and Medicaid in 1965. Enacted in March…
May 28
A Response to the SEC Bulletin

A Response to the SEC Bulletin

Two structured settlement industry leaders have taken issue with a recent Securities and Exchange Commission (SEC) Investor Bulletin providing advice for individuals who are contemplating selling or purchasing (as investors) structured…

Rank this Week: 1143

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: 2483

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/

Jun 18
High Court Reverses Reverse Payment Dismissal

High Court Reverses Reverse Payment Dismissal

The owner of a patent on a brand-name drug sues a competitor for infringing the patent. The parties settle. But the infringer doesn't pay. The patent-owner does. Why? In return for the competitor's agreement not to compete for the term...
Jun 16
You Can't Patent Genes Unless You Change Them, Supreme Court Hold

You Can't Patent Genes Unless You Change Them, Supreme Court Hold

Last week, a 9-0 Supreme Court ruled that human genes do not count as patent-eligible subject matter but that fake genes with some DNA missing may. Ass'n for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398, slip op. 12 (U.S....
Jun 10
High Court Confirms Class, Nine to Zip; the Dangers of Stipulating

High Court Confirms Class, Nine to Zip; the Dangers of Stipulating

Justice Elena Kagan capped her 9-0 outing in Bowman v. Monsanto Co., No. 11-796 (U.S. May 12, 2013) (post here), with another unanimous ruling in Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S. June 10, 2013). She sure can...

Rank this Week: 741

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/

Jun 3
What is a Reasonable Expectation of Privacy Anymore?

What is a Reasonable Expectation of Privacy Anymore?

Any law student or attorney cannot help but remember the seminal U.S. Constitutional law case of U.S. v. Katz. In Katz, the Supreme Court of the United States famously held the FBI could not bug a telephone booth (remember those?) in order to…
May 8
Privacy Today: The More Things Change, the More they Stay the Same

Privacy Today: The More Things Change, the More they Stay the Same

I recently had the privilege of moderating a privacy panel discussion at an unmanned aerial systems (“UAS”) conference. UAS’s have been in the news lately, so you can imagine the interest and concern for privacy and…
Apr 9
Charles Faruki Honored as an All-Star for Outstanding Client Service

Charles Faruki Honored as an All-Star for Outstanding Client Service

Charles Faruki, Managing Partner of FI&C was recently selected as a 2013 BTI Client Service All-Star MVP by BTI Consulting Group. All-Star MVPs are standout attorneys honored for delivering superior client service year after year. Charlie…

Rank this Week: 1897

California Business Litigation…

California Business Litigation Attorney Blog

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

http://www.californiabusinesslitigationattorneyblog.com/

Apr 2
What Is The Standard Of Care For A Veterinary Pre-Purchase Examination?

What Is The Standard Of Care For A Veterinary Pre-Purchase Examination?

What is the standard of care for a veterinary pre-purchase examination? This question was asked recently in the March 2013 California case of Quigley v. McClellan. In that case the veterinarian who had been treating a horse since at least…
Feb 12
Mediation: What You Should Know

Mediation: What You Should Know

Civil mediation in California (as opposed to mediation in family law or other cases) is a type of alternative dispute resolution that helps parties try to resolve their cases without having to face the time and expense of trial. Although…
Jan 2
A New Year Brings New Laws to California In 2013

A New Year Brings New Laws to California In 2013

Practicing law in January is always challenging because with the New Year there are always changes in California law. This year is no exception. Governor Jerry Brown signed over 800 new laws that took effect in California on January 1,…

Rank this Week: 3447

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/

Jun 14
Secretary Alleges Firing Over Facebook Post

Secretary Alleges Firing Over Facebook Post

A woman who worked for the Ohio County Sheriff’s Department in Wheeling, West Virginia is in the process of suing her former employer. In the suit, Sonya Olako, who worked as a secretary, alleges that she was fired from her position…
Jun 7
We are Always Looking for One or Two More Good Clients . . . Even When Business is Great

We are Always Looking for One or Two More Good Clients . . . Even When Business is Great

One of the questions I hear frequently is about whether we are accepting new clients. While the short answer is “Yes”, here is some additional information which many people find interesting. Our law firm, Sylvester Oppenheim…
May 31
An Employee's "Fire Me" Facebook Taunt Results in Dismissal: NLRB Says "OK"

An Employee's "Fire Me" Facebook Taunt Results in Dismissal: NLRB Says "OK"

Workplace complaints are nothing new. However, the method of venting these complaints has been revolutionized by the Internet. Where an employee might once have vented off some work related steam at the local bar with a few coworkers, today…

Rank this Week: 911

California Business Litigation…

California Business Litigation Lawyer Blog

Covers bustiness litigation issues. By Bassi Edlin Huie & Blum LLP.

http://www.californiabusinesslitigationlawyerblog.com/

Jul 27
Did Mensing Sound The Death Knell For Metoclopramide Cases In California?

Did Mensing Sound The Death Knell For Metoclopramide Cases In California?

Last year the United States Supreme Court held in Pliva, Inc. v. Mensing, No. 09-993 (June 23, 2011) that the Hatch-Waxman Amendments to the federal Food, Drug and Cosmetic Act (FDCA) preempted state law, failure to warn claims against…
Jun 1
Federal Appeals Court To Decide If "Liking" A Facebook Page Is Protected Speech

Federal Appeals Court To Decide If "Liking" A Facebook Page Is Protected Speech

In an earlier post I discussed the case of Bland v. Roberts, Civ. Action No. 4:11cv45 (Apr.
May 30
Federal Appeals Court To Decide If "Liking" A Facebook Page Is Protected Speech

Federal Appeals Court To Decide If "Liking" A Facebook Page Is Protected Speech

In an earlier post I discussed the case of Bland v. Roberts, Civ. Action No. 4:11cv45 (Apr.

Rank this Week: 3980

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: 4918

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

May 20
NIST releases 4th version of security control catalog SP 800-53

NIST releases 4th version of security control catalog SP 800-53

The National Institute of Standards and Technology released April 30 a revised version of its security control catalog for federal systems, SP 800-53. The revision (.pdf), the fourth version of the security controls catalog, also…
May 14
California AG’s Mobile App Case Against Delta Dismissed

California AG’s Mobile App Case Against Delta Dismissed

A state court has dismissed the California Attorney General’s claims that Delta Air Lines Inc. (“Delta”) violated the California Online Privacy Protection Act by failing to have an appropriately posted privacy…
Jan 17
HIPAA Omnibus Final Rule Released

HIPAA Omnibus Final Rule Released

This afternoon, HHS released the attached omnibus final rule modifying the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules as required the Health Information Technology Economic and Clinical Health (HITECH) Act and the…

Rank this Week: 4700

California Punitive Damages

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

http://calpunitives.blogspot.com/

Jun 14
9th Circuit hears oral arguments in punitive damages case where jury awarded no compensatory damage

9th Circuit hears oral arguments in punitive damages case where jury awarded no compensatory damage

Today's Recorder has a story on an interesting punitive damages case pending before the Ninth Circuit. In a sexual harassment case (Aguilar v. ASARCO), the jury awarded $0 in compensatory damages, $1 in nominal damages, and $868,750 in…
Jun 13
Court of Appeal affirms order vacating $1.75 million punitive damages award and ordering new trial (Radford v. BAE Systems)

Court of Appeal affirms order vacating $1.75 million punitive damages award and ordering new trial (Radford v. BAE Systems)

This unpublished opinion contains a very interesting discussion about the validity of some unusual posttrial procedures involving a punitive damages award. Or at least it's very interesting if you are into the arcana of California…
Jun 13
Massachusetts Supreme Court reverses smoker's $81M punitive damages award

Massachusetts Supreme Court reverses smoker's $81M punitive damages award

The Boston Herald reports that the Massachusetts Supreme Judicial Court has reversed an $81 million punitive damages award given to the family of a smoker in a lawsuit against Lorillard Tobacco Co. In a unanimous opinion, the court…

Rank this Week: 782

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

Jun 19
Be Ready to Pounce on Objections in a Deposition

Be Ready to Pounce on Objections in a Deposition

Just as you should know what objections to make in a deposition, you need to anticipate opposing counsel’s objections and know how to respond to them. Keep in mind that opposing counsel must object to any error or irregularity in a…
Jun 17
Attorney-Client E-Communication

Attorney-Client E-Communication

E-mail is a wonderfully fast and efficient way for attorneys and their clients to communicate and transmit information. But with this new technology comes new risks and the necessity to educate your clients on e-mail security. Protecting…
Jun 14
Prepping Your Client for Cross-Examination

Prepping Your Client for Cross-Examination

Most cases are won by witnesses and evidence, not by attorneys. Preparing your client to tell his or her own story effectively is an important aspect of trial and can make your case. Preparation of your client for cross-examination should…

Rank this Week: 236

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: 3271

Chicago IP Litigation Blog

Covers Northern District of Illinois intellectual property cases. Published by attorney R. David Donoghue.

http://www.chicagoiplitigation.com/

Jun 19
Northern District Releases Mobile App

Northern District Releases Mobile App

The Northern District has released a mobile app — click here to download it. My initial suspicion was that it would not add much value beyond the Court’s mobile website, but I have been proven wrong. The app is…
Jun 19
7th Cir. Judicial Conference: Northern District Judges Offer Practice Tip

7th Cir. Judicial Conference: Northern District Judges Offer Practice Tip

With a hat tip to the Chicago Daily Law Bulletin’s coverage of the 7th Circuit Judicial Conference, Northern District Judges Durkin, St. Eve, and Tharp offered several valuable practice tips for litigating before federal courts, that…
Jun 19
The State of the Northern District Remains “Good”

The State of the Northern District Remains “Good”

Chief Judge Holderman offered his final State of the Court speech last month. Judge Castillo takes over as Chief Judge July 1, 2013. Here are the highlights from the address: “Filings are up and funding is down.” …

Rank this Week: 149

Chicago Law Source

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

http://chicagolawsource.blogspot.com/

May 9
Forced to Accept Section 8? What? One Real Estate Lawyer's Finger to the Local Government

Forced to Accept Section 8? What? One Real Estate Lawyer's Finger to the Local Government

Hello Followers! News just in to me.... I heard today that the Cook County (Illinois) Human Rights Ordinance is possibly going to be amended to force property owners to accept Section 8 Tenants, citing long-standing issues and the fight…
May 8
2013 LANDLORD TENANT SEMINAR by LEVIN LAW LTD.

2013 LANDLORD TENANT SEMINAR by LEVIN LAW LTD.

Hello All in the Blogosphere! We are just sending out a quick announcement that for Landlords, Tenants and anyone interested in real estate, there will be a FREE LANDLORD SEMINAR sponsored by NTN Online (a fantastic tenant screening…
Apr 14
You Want to Quit Claim What? How Being a…

You Want to Quit Claim What? How Being a Quitter can Hurt... Hi All in the Blogosphere! Good to be with you. As some of you may know, I am a once-a-week law professor at DePaul University College of Law, where as an adjunct, I teach…

Rank this Week: 5136

Chicago Trial Attorney Blog

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

http://www.counseloroffices.net/

May 9
Chicago Trial Attorney: Personal Injury & Business Litigation: Injury Cases and Medical Bill

Chicago Trial Attorney: Personal Injury & Business Litigation: Injury Cases and Medical Bill

When injured due to a car accident, slip and fall, dog bite, nursing home abuse and neglect or from near any cause or issue, medical bills create significant issues from multiple respects. Some various and very "high-level" topics are as…
Apr 15
Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Patient Advocates Suffer Blow as General Assembly Shoots Down Insurance Requirement

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Patient Advocates Suffer Blow as General Assembly Shoots Down Insurance Requirement

As many of our discussions have tackled, issues of insurance are very essential to protecting the rights of injury victims, and while insurance companies seldom willingly pay all of what they should, Illinois' mandatory insurance laws at…
Apr 12
Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Illinois Nursing Home Advocates Renew Demands for Medicaid Reimbursement Reform

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Illinois Nursing Home Advocates Renew Demands for Medicaid Reimbursement Reform

The US Supreme Court announced its long-anticipated verdict on healthcare reform and nursing home advocates are using the spotlight as a chance to renew their demands upon Illinois lawmakers to reform the state's Medicaid reimbursement…

Rank this Week: 5197

Circuit Splits

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

http://www.circuitsplits.com/

Apr 16
From Dicta to Disarray: Split on the Domestic Relations Exception

From Dicta to Disarray: Split on the Domestic Relations Exception

Today I’m delighted to introduce Ben Ashmore, the founder and president of the National Family Civil Rights Center, as this week’s guest blogger. In In re Burrus, the Supreme Court stated in dicta that “[t]he whole subject of domestic…
Jan 23
Growing Circuit Split Over Removal Statute

Growing Circuit Split Over Removal Statute

In the recent decision in Smith v. Detroit Entertainment, LLC, Slip Copy, 2013 WL 119673 (E.D.Mich. Jan. 9, 2013), the federal court in the Eastern District of Michigan highlighted a growing circuit split over removal statutes - and…
Jan 22
New Article Addresses Circuit Split Over Pay-for-Delay Settlement

New Article Addresses Circuit Split Over Pay-for-Delay Settlement

A new article posted on SSRN, Waiting is the Hardest Part: Why the Supreme Court Should Adopt the Third Circuit's Analysis of Pay-for-Delay Settlement Agreements (by Marlee Kutcher), addresses the current circuit split over the legality of…

Rank this Week: 5015

Civil Procedure & Federal…

Civil Procedure & Federal Courts Blog

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

http://lawprofessors.typepad.com/civpro/

Jun 19
Fees Award in Dismissal for Lack of Diversity Jurisdiction Reversed

Fees Award in Dismissal for Lack of Diversity Jurisdiction Reversed

Plaintiff, a Florida limited liability company, filed a diversity suit against Sheraton in the Southern District of New York. After three years and much discovery, the action was dismissed without prejudice for lack of subject matter…
Jun 19
SCOTUS Cert Grant on Appellate Jurisdiction

SCOTUS Cert Grant on Appellate Jurisdiction

This week the Supreme Court granted certiorari in Ray Haluch Gravel Co. v. Central Pension Fund (No. 12-992), which presents the question: In Budinich v. Becton Dickinson & Co., 486 U.S. 196 (1988), this Court held that a district…
Jun 15
Constitutional Litigation Structured as a Skills-and-Doctrine Course

Constitutional Litigation Structured as a Skills-and-Doctrine Course

Clinical Professor Sarah Ricks of Rutgers-Camden has published Current Issues in Constitutional Litigation. The book is part of the Context and Practice Casebook series and she uses it to teach a popular course of the same title. You can…

Rank this Week: 686

Class Action Attorneys Blog

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

http://www.classactionattorneysblog.com/

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…
Oct 12
Complaints Continue about Hurd Window and Door Defect

Complaints Continue about Hurd Window and Door Defect

Customers have had many complaints over the years about not just the customer service but also the quality of the products that they have received from Hurd Windows and Doors. From faulty locking mechanisms to the insulation gas leaking out…

Rank this Week: 4636

Class Action Blog

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

http://www.carltonfields.com/classactionblog/blog.aspx

Jun 10
What is the Lesson of Oxford Health Plans v. Sutter?

What is the Lesson of Oxford Health Plans v. Sutter?

The Supreme Court today decided Oxford Health Plans LLC v. Sutter. This decision expands the scope of class actions in arbitration. In Oxford Health, the court took back what the court gave in Stolt-Nielsen, where the court had ruled that an…
Jun 5
Class Certification Order Reversed For Lacking Findings Of Fact And Conclusions of Law

Class Certification Order Reversed For Lacking Findings Of Fact And Conclusions of Law

In Fidelity National Title Ins. Co. v. Grosso, 110 So. 3d 521 (Fla. 4th DCA 2012), Plaintiffs filed a class action complaint they alleged complied with Florida Rules of Civil Procedure 1.220(a) and 1.220(b)(3). After a hearing to…
Jun 5
Northern District Of Georgia Rejects “Local Controversy” Exception To CAFA Jurisdiction

Northern District Of Georgia Rejects “Local Controversy” Exception To CAFA Jurisdiction

In Anderson v. King America Finishing, Inc., No. 1:11-cv-2258-JEC, 2013 WL 1213267 (N.D. Ga. March 25, 2013), class action plaintiffs alleged that defendant released a toxic chemical into the Ogeechee River from its manufacturing plant in…

Rank this Week: 2270

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Denlea, Packman, Carton & Eberz.

http://classactionblog.mdpcelaw.com/

Jun 18
Has A Retail Clerk Asked You For Your ZIP Code?

Has A Retail Clerk Asked You For Your ZIP Code?

Consumers’ privacy continues to shrink, whether as a result of Internet search engines tracking every click and purchase, or because corporate conglomerates track every personal detail of every purchase people make. In response,…
May 23
Top Shelf May Be Bottom Shelf

Top Shelf May Be Bottom Shelf

Restaurants love to tell people that “you get what you pay for.” Sometimes this just isn’t true. New Jersey State authorities just busted thirteen different TGI Fridays locations for allegedly passing off cheap…
Apr 5
Supple Joint Drinks Cannot Rebuild Your Cartilage

Supple Joint Drinks Cannot Rebuild Your Cartilage

Millions of adults in the United States live with arthritis, a disease involving the breakdown of cartilage in joints, or other orthopedic disorders in which cartilage in joints is broken down over time and causes bones in those joints to…

Rank this Week: 1582

Class Action Defense Blog

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

http://classactiondefense.jmbm.com/

Apr 15
Class Action Defense Cases–Brinker v. Superior Court: California Supreme Court Affirms, Reverses And Remand Class Action Certification Ruling In Labor Law Class Action Clarifying Meal And Rest Break Requirement

Class Action Defense Cases–Brinker v. Superior Court: California Supreme Court Affirms, Reverses And Remand Class Action Certification Ruling In Labor Law Class Action Clarifying Meal And Rest Break Requirement

In Considering Class Action Certification Order in Labor Law Class Action, California Supreme Court Holds Rest Periods Not Mandated Prior to Meal Periods, and Employer must Provide Meal Breaks but need not Ensure Employee Takes Meal Break
Nov 28
Class Action Defense Cases–KPMG v. Cocchi: Supreme Court Reiterates Requirement That State Courts Follow Concepcion And Enforce Arbitration Agreements Under The Federal Arbitration Act (FAA)

Class Action Defense Cases–KPMG v. Cocchi: Supreme Court Reiterates Requirement That State Courts Follow Concepcion And Enforce Arbitration Agreements Under The Federal Arbitration Act (FAA)

State Courts Erred in Denying Defense Motion to Compel Arbitration Under FAA (Federal Arbitration Act) because They Failed to Consider Whether Any Claims were Subject to Arbitration
Oct 31
Richard Watts: "Fables of Fortune: What Rich People Have That You Don't Want"

Richard Watts: "Fables of Fortune: What Rich People Have That You Don't Want"

California Attorney Richard Watts Publishes Book Based On His Experience In Representing The "Super-Wealthy" Richard Watts, a personal friend of the author and a superb lawyer, has published a book based on his 30-year career representing…

Rank this Week: 1585

Class Action Defense Review

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

http://www.classactiondefensereview.com/

Jun 18
Supreme Court Nixes Use of DMV Records to Solicit Class Action Plaintiff

Supreme Court Nixes Use of DMV Records to Solicit Class Action Plaintiff

The Supreme Court held yesterday that attorneys who use personal information from motor vehicle records to solicit class action plaintiffs do not fall within the “litigation” exception to a federal driver’s privacy law. In…
Jun 11
Supreme Court Upholds Class Arbitration Order

Supreme Court Upholds Class Arbitration Order

The Supreme Court yesterday upheld an arbitrator’s decision that a contractual clause requiring that “all” disputes be submitted to arbitration authorizes classwide arbitration. But like many of the Court’s recent…
May 23
When Incentive Payments to Class Representatives Come With Strings Attached

When Incentive Payments to Class Representatives Come With Strings Attached

It is not uncommon for class action settlements to include an “incentive award” for class representatives for their service to the class in bringing the lawsuit. Neither is it uncommon for courts to approve such settlements, so…

Rank this Week: 3208

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/

Apr 17
A Defendant's Subjective Belief Does Not Trigger Removal

A Defendant's Subjective Belief Does Not Trigger Removal

Roth v. CHA Hollywood Medical Center, L.P., 2012 WL 5456406 (C.D. Cal. Nov. 7, 2012). A District Court in California, addressing a motion to remand, was left with serious doubts as to the propriety of the removal because the defendants at no…
Apr 16
Individual Claims Removed Along with Class Claims Retain CAFA Jurisdiction Independent of Any Subsequent Dismissal or Transfer of Class Claim

Individual Claims Removed Along with Class Claims Retain CAFA Jurisdiction Independent of Any Subsequent Dismissal or Transfer of Class Claim

Ellison v. Autozone, Inc., 2012 WL 5177478 (9th Cir. Oct. 19, 2012). In this racial discrimination and state wage laws violation action, the Ninth Circuit reiterated that the federal courts are not deprived of jurisdiction over individual…
Apr 15
If A Defendant Could Be Found Liable For The Plaintiff's Claims, Then He Is A Proper Defendant

If A Defendant Could Be Found Liable For The Plaintiff's Claims, Then He Is A Proper Defendant

Velasquez v. HMS Host USA, Inc., 2012 WL 6049608 (E.D. Cal. Dec. 5, 2012). A District Court in California held that, if one could be found liable for civil penalties under the law asserted by the plaintiffs, then he is a proper…

Rank this Week: 136

ClassActionBlawg.com

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

http://classactionblawg.com

Jun 18
Don’t Miss the Upcoming Strafford CLE Webinar on Statistics in Class Action

Don’t Miss the Upcoming Strafford CLE Webinar on Statistics in Class Action

I’m very excited to be speaking at a Strafford Publications CLE webinar tomorrow entitled: Statistics in Class Action Litigation: Admissibility, Expert Witnesses and Impact of Comcast v. Behrend. …
Jun 10
New Life for Class Arbitration, or Strategic Mistake in an Isolated Case?

New Life for Class Arbitration, or Strategic Mistake in an Isolated Case?

The Supreme Court issued its decision today in the first of two arbitration-related class action cases on the 2012-13 docket. Today’s decision bucks what had been a trend in the Court’s decisions in…
Jun 4
What the Heck’s Going on With Class Actions?

What the Heck’s Going on With Class Actions?

My sincere apologies to the loyal ClassActionBlawg reader for the scarcity of new content lately. I’m on the road this week, but thought I should at least drop a note about two interesting class-action-related developments in the…

Rank this Week: 858

Colorado Business Litigation…

Colorado Business Litigation Lawyer Blog

Covers business litigation risks and strategies. By The Gilbert Law Group

http://www.coloradobusinesslitigationlawyerblog.com/

Oct 26
Update: Court Order Issued -- Will Dalbey Education's Cash Flow Business Dry Up?

Update: Court Order Issued -- Will Dalbey Education's Cash Flow Business Dry Up?

In June, we told you about the lawsuit filed against Colorado's Dalbey Education Institute whose infomercial "Winning in the Cash Flow Business", hosted by Gary Collins, was under fire for being deceptive and misleading.
Sep 2
Patent Trolls - No Longer Hiding Under the Bridge

Patent Trolls - No Longer Hiding Under the Bridge

In the 1990s, the "patent troll" carried a negative connotation, a person or company that aggressively enforced its patents through assertive lawsuits. However the troll of the 2000s translates into an entirely different hobgoblin.
Aug 31
Industrial Art's Impact on Scenic Colorado Prompts Citizens' Lawsuit

Industrial Art's Impact on Scenic Colorado Prompts Citizens' Lawsuit

Artist Christo Vladimirov Javacheff, "Christo", famous for suspending huge curtains of orange fabric over bridges, buildings and other public spaces throughout the world, has embarked on yet another art project. Christo and his wife…

Rank this Week: 2166

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

Jun 19
Call for Papers: ASIL-ESIL-Rechtskulturen Workshop on International Legal Theory

Call for Papers: ASIL-ESIL-Rechtskulturen Workshop on International Legal Theory

Politics and Principle in International Legal Theory Call for Papers On November 14–15, 2013, the University of Michigan Law School will host the Second Annual ASIL–ESIL–Rechtskulturen Workshop on International Legal Theory.…
Jun 18
Kleinschmidt on the European Certificate of Succession

Kleinschmidt on the European Certificate of Succession

Jens Kleinschmidt (Max Planck Institute for Comparative and PIL, Hamburg) has Optionales Erbrecht: Das Europäische Nachlasszeugnis als Herausforderung an das Kollisionsrecht (The European Certificate of Succession: An Optional…
Jun 17
ELI – UNIDROIT Joint Project on Civil Procedure

ELI – UNIDROIT Joint Project on Civil Procedure

The European Law Institute has announced its intention to explore whether to launch a joint project with UNIDROIT on European civil procedure building on the ALI – UNIDROIT Principles of Transnational Civil Procedure. On 23 May,…

Rank this Week: 271

Construction Litigation Law Blog

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

http://blog.njeifs.com/

Jun 13
Are Condominium Unit Owners Unconditionally Obligated to Pay Common Expense Assessments?

Are Condominium Unit Owners Unconditionally Obligated to Pay Common Expense Assessments?

The short answer is – Yes! The Condominium Act specifically obligates all unit owners to pay a proportionate share of the common expenses. Even where a unit owner waives the right to use a common element or abandons the unit there is no…
Nov 12
Recovering Damages Under the Statute of Repose

Recovering Damages Under the Statute of Repose

Under the statute of repose, no action to recover damages for any deficiency in the design, planning, surveying, supervision or construction of an improvement to real property may be brought more than ten (10) years after the performance of
Nov 5
How Does Equitable Tolling Affect the Running of the Statute of Limitations?

How Does Equitable Tolling Affect the Running of the Statute of Limitations?

The doctrine of equitable estoppel prevents a defendant from asserting the statute of limitations as a defense when the defendant has engaged in conduct that was calculated to mislead the plaintiff into believing that it was unnecessary to…

Rank this Week: 859

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

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

http://cpg-retail-litigation.kotchen.com/

Jun 16
Canadians Indict Chocolate Companies for Price-Fixing After Lenghty Investigation

Canadians Indict Chocolate Companies for Price-Fixing After Lenghty Investigation

Criminal price-fixing charges were recently filed against Canadian affiliates of Nestle and Mars, a network of wholesale distributors, and three individuals, alleging that they conspired to fix chocolate prices in Canada. In addition,…
Jun 12
Pension Fund Files Derivative Suit Related News America Marketing’s Anticompetitive Act

Pension Fund Files Derivative Suit Related News America Marketing’s Anticompetitive Act

On June 7, a pension fund filed a derivative suit against News Corp and its top executives for breach of fiduciary duty, and against the executives for waste of corporate assets and unjust enrichment. These claims are based on News…
Apr 29
Advertisers Expanding Case Against News America to Become a Class Action

Advertisers Expanding Case Against News America to Become a Class Action

An antitrust lawsuit brought by Dial Corporation and Heinz against News America Marketing is being expanded to include as Plaintiffs a proposed class of all domestic entities that purchased in-store promotions from News America. Last…

Rank this Week: 211

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/

Jun 5
How to Hot-Seat a Trial

How to Hot-Seat a Trial

Two new articles are featured in the June edition of Law Technology News covering the role of the Trial Technician, also known as the "Hot-Seat."In "How Not to Crash," John Cleaves offers survival tips for litigation support staff who find…
Apr 9
Managing Exhibits in Trial

Managing Exhibits in Trial

Exhibits are the building blocks of litigation, and if you end up at the short end in the battle of admitted evidence, you lose the trial. Like many sports, coming in second place in trial is not really a good thing. While you may have to…
Mar 25
Using Deposition Video in Trial

Using Deposition Video in Trial

There are several ways in which deposition video designations may be used in trial. The first and perhaps most frequently used technique would be using it for impeachment purposes. When compared with reading back some testimony of a solid…

Rank this Week: 1684

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