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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: 3654

A Buffalo Lawyer

A Buffalo Lawyer

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

http://abuffalolawyer.blogspot.com/
  • Jul 15

    Charles Desmond Inn of Court launches new FB page

    Charles Desmond Inn of Court launches new FB page
    https://www.facebook.com/DesmondInnofCourt/
  • Jun 29

    Sad day in the 8th Judicial District

    Sad day in the 8th Judicial District
    http://politicsnow.buffalonews.com/2016/06/29/judge-michalek-will-plead-guilty-taking-bribe-pigeon-faces-charges-thursday/
  • Jun 22

    Chautauqua Institute

    Chautauqua Institute
    I am very pleased to report that Tracey Meares, Ward Hale Hamilton Professor of Law at Yale University, will deliver Chautauqua Institution’s 12th annual Robert H. Jackson Lecture on the Supreme Court of the United States, on Monday,…
Rank this Week: 1027

A Winning Tip

A Winning Tip

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

http://awinningtip.blogspot.com/
  • Aug 31

    Don’t Bust Your Credibility with Unconscious Mannerisms!

    Don’t Bust Your Credibility with Unconscious Mannerisms!
    Every second you are in the courtroom, jurors are looking at you, judging you, spontaneously coming to conclusions about your competence and credibility based solely on their in-the-moment perceptions.Because jurors have no way of knowing you…
  • Jul 29

    Counter the Greedy Corporate Client Perception with Stories of Care

    Counter the Greedy Corporate Client Perception with Stories of Care
    Whether your corporate client is the plaintiff or the defendant, you are up against the public perception of corporations as greedy, uncaring entities whose only motive in any and all situations is profit-profit-profit.Nothing new there. And…
  • Jun 30

    Tailor Your Approach to the Deponent Based on Choice, Not Habit

    Tailor Your Approach to the Deponent Based on Choice, Not Habit
    How you approach a witness in deposition has everything to do with how they are likely to respond. If you adopt an aggressive style, you will probably be met with one of two possible responses: either the deponent will fight back, getting…
Rank this Week: 890

Accessibility Defense

Accessibility Defense

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

http://accessdefense.com
  • Sep 19

    ADA and the Internet – what non-internet cases can tell us.

    ADA and the Internet – what non-internet cases can tell us.
    “In deciding that Coca–Cola’s vending machines in the instant case are not places of public accommodation, we acknowledge the limits of our holding. As the district court recognized, those vending machines may very well be…
  • Sep 14

    Iqbal, Twombly and the ADA

    Iqbal, Twombly and the ADA
    Meet Iqbal and Twombly.* Pleading an ADA case sometimes seems trivially easy. Allege a disability, allege an encouter with an architectural barrier, claim intent to return or deterrence and any plaintiff should be able to at least avoid…
  • Sep 11

    Last week’s news – The ADA lesson business never seems to learn.

    Last week’s news – The ADA lesson business never seems to learn.
    Today’s Google news brought another batch of outraged articles about serial ADA plaintiffs and legislators looking for solutions to the ADA litigation epidemic. The serial filer was in the Wichita, Kansas area, and the legislators…
Rank this Week: 2725

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: 3976

Alabama Litigation Review

Alabama Litigation Review

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

http://www.alabamalitigationreview.com
  • Sep 13

    Diversity Jurisdiction: Speculation On The Amount In Controversy

    Diversity Jurisdiction: Speculation On The Amount In Controversy
    I have not discussed Federal court diversity jurisdiction in a long time. Yet, the issue is important for attorneys handling significant injury claims. A SHORT DEFINITION OF FEDERAL COURT DIVERSITY JURISDICTION Federal courts are courts of…
  • Sep 7

    The Danger Of Distracted Driving

    The Danger Of Distracted Driving
    Where do I get my blog topics? Usually, I write about legal issues I’m handling. Sometimes, I write about legal issues in the news. At our firm, distracted driving is a frequent topic. We are currently helping two people seriously…
  • Jul 27

    Work Comp: Why The Right To Re-Petition Is Important

    Work Comp: Why The Right To Re-Petition Is Important
    A recent workers’ compensation settlement made local news. An Athens city employee fell when a walkway came loose. He suffered significant injuries — requiring surgeries on both knees. He then returned to work at the same or…
Rank this Week: 3526

Alaska Law Blawg

Alaska Law Blawg

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

http://aloinc.com/alaska-law-blawg/
  • May 24

    Alaska Bar Assoc. — Bankruptcy Section

    Alaska Bar Assoc. — Bankruptcy Section
    By: Clayton Walker We just spoke at the Alaska Bar Association — Bankruptcy Section on the issue of the Alaska usury statute.  We had less than two hour notice to prepare for the presentation.  The materials are available at…
  • May 11

    Alaska Usury Rate is 10.5% on Loans Exceeding $25,000.00

    Alaska Usury Rate is 10.5% on Loans Exceeding $25,000.00
    By: Clayton Walker I’ve been told that the following Alaska Usury decision has stirred up a hornets nest with the Alaska Creditor’s Bar Association. Cox v. Cooper, 3AN-15-10101 CI (Alaska Sup. Ct., 18 Apr. 2016) (J. Morse).…
  • Apr 29

    Alaska Usury Interest Rule

    Alaska Usury Interest Rule
    By: Clayton Walker Has your lender violated Alaska usury laws?  Have you paid more than 10.5% interest on loans larger than $25,000.00? Are the loans from a person or non-bank? Do you still owe or have you paid any interest in the past…
Rank this Week: 2638

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/
  • Feb 17

    Mr. O'Donnell Successfully Defends Alaska Bar Association Counsel

    Mr. O'Donnell Successfully Defends Alaska Bar Association Counsel
    Mr. O'Donnell successfully represented Alaska Bar Association Counsel who were sued for allegedly violating the constitutional rights of a former Alaska District Court Judge in the course of seeking to have the plaintiff placed on interim…
  • Feb 17

    Mr. O'Donnell Successfully Defends Alaska Bar Association Counsel

    Mr. O'Donnell Successfully Defends Alaska Bar Association Counsel
    Mr. O'Donnell successfully represented Alaska Bar Association Counsel who were sued for allegedly violating the constitutional rights of a former Alaska District Court Judge in the course of seeking to have the plaintiff placed on interim…
  • Oct 7

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

    Mr. O'Donnell inducted into the American College of Trial Lawyer
    Mr. O'Donnell recently received the honor of being one of the few Alaska attorneys inducted as a Fellow in the American College of Trial Lawyers. "The American College of Trial Lawyers, founded in 1950, recognizes the very best trial…
Rank this Week: 1262

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: 1428

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/
  • Sep 23

    Appellate Advocacy Blog Weekly Roundup

    Appellate Advocacy Blog Weekly Roundup
    Here are a handful of tidbits on appellate practice from around the web this past week. As always, if you see something during the week that you think we should be sure to include, feel free to send Dan a...
  • Sep 20

    #TwitterTuesday--Texas Edition

    #TwitterTuesday--Texas Edition
    It is time again for #TwitterTuesday. Today we are featuring some of the best folks to follow for Texas Appellate Practice. The Texas Supreme Court (@OslerSCTX) is the Twitter handle to go to for information on cases, the Court, Justices,...
  • Sep 19

    Should the Practice of Law be More Family Friendly?

    Should the Practice of Law be More Family Friendly?
    Making workplaces more family friendly has been on the minds of people as different as Justice Ruth Bader Ginsburg and Republican presidential candidate Donald Trump. Last week Trump, with the help of his daughter, introduced child-care…
Rank this Week: 1764

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: 746

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: 1737

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/
  • Aug 21

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.
    The August 5th Bloomberg article “This Company Has Built a Profile on Every American Adult,” brings up IDI,Inc. The article suggests that IDI has built a profile about you on its idiCore database. Private…
  • Jul 25

    Divorce & Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset

    Divorce & Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset
    Plastic surgeon Michael D. Brandner & business owner Goderick Augustus Benjamin were accused of committing federal crimes & hiding assets from their wives. Like Dr. Brandner & Mr. Benjamin, Steven Zinnel was a divorcing…
  • Jul 4

    A Laundry List For An Asset Search

    A Laundry List For An Asset Search
    Governmental authorities follow money trails in order to interdict assets hidden by narco-traffickers; money launderers; Ponzi schemers; tax fraudsters & other determined criminals. During your asset search, you can similarly follow…
Rank this Week: 347

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: 4066

Attorney R. Tamara de Silva's…

Attorney R. Tamara de Silva's Blawg

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

http://www.desilvalawoffices.com/Chicago-Litigation.aspx
Rank this Week: 3883

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: 1222

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: 4969

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/
  • Sep 11

    S2P2J Release 60

    S2P2J Release 60
    The United States structured settlement market has been in existence for almost 40 years and continues to expand its scope, complexity and importance within the context of personal injury settlement planning. Since it was first published in…
  • Jun 25

    PFAC 2016 Annual Conference

    PFAC 2016 Annual Conference
    Fiduciary standards, as they relate to product suitability specifically, and to business practices generally, can be expected to become more significant factors in product sales for the traditional structured settlement market as it continues…
  • May 18

    S2P2J Release 59

    S2P2J Release 59
    Despite historically low interest rates and negative PR (most recently this Washington Post Editorial) resulting from the unconscionable business practices of some secondary market companies, the primary structured settlement market continues…
Rank this Week: 218

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: 1099

Blawgletter

Blawgletter

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

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

    Join The Contingency

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

    Blawgletter® Has Moved!

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

    DNA and Pricing Patents Fall to Mayo and Alice

    DNA and Pricing Patents Fall to Mayo and Alice
    Unpatentable subject matter A pair of Federal Circuit opinions last week rejected patents involving patent-ineligible subject matter. What does that include, you ask? As Blawgletter noted last year in "You Still Can't Patent Ideas":…
Rank this Week: 1089

Boston Lawyer Blog

Boston Lawyer Blog

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

http://www.bostonlawyerblog.com/
Rank this Week: 2185

Business Litigation Info

Business Litigation Info

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

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

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

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

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

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

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

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 3484

California Business Litigation…

California Business Litigation Attorney Blog

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

http://www.californiabusinesslitigationattorneyblog.com/
  • Feb 10

    Is it Legal? Listing a Property on Airbnb or VRBO in California

    Is it Legal? Listing a Property on Airbnb or VRBO in California
    All too often new ideas get ahead of the law. Airbnb and VRBO are examples of just such a situation. Real estate lawyers are being inundated with calls from landlords who are receiving citations from their cities, fines from their…
  • Feb 10

    What You Should Know About Airbnb and VRBO

    What You Should Know About Airbnb and VRBO
    All too often new ideas get ahead of the law. Airbnb and VRBO are examples of just such a situation. Real estate lawyers are being inundated with calls from landlords who are receiving citations from their cities, fines from their…
  • Dec 14

    Hiring a Contractor: What you Need to Know About California Residential Remodeling and Construction Contract

    Hiring a Contractor: What you Need to Know About California Residential Remodeling and Construction Contract
    No matter where in Southern California you live, and no matter how long ago your home was built, remodeling and making improvements to your home is a generally a good idea. Whether you are knocking out a non-structural wall to create more…
Rank this Week: 1198

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/
  • Sep 16

    ACLU Sues School District Over Handcuffing of Seven Year-Old

    ACLU Sues School District Over Handcuffing of Seven Year-Old
    A lawsuit has been launched by the ACLU against Kansas City Public Schools. In the complaint, the plaintiff alleges that a seven year-old child, who weighed less than 50 pounds and was not even four feet tall, was handcuffed before being led…
  • Sep 9

    Morgan Stanley’s Employees Sue Over Bad 401(k) Investment

    Morgan Stanley’s Employees Sue Over Bad 401(k) Investment
    With approximately 60,000 employees participating in its 401(k) program, Morgan Stanley should be positioned to offer an outstanding retirement investment package. However, a group of employees is now seeking class action status as they sue…
  • Aug 25

    Whistleblowers Receive$11 Million Settlement Against Marinello Schools of Beauty

    Whistleblowers Receive$11 Million Settlement Against Marinello Schools of Beauty
    From outward appearances, the 56 campuses of the Marinello Schools of Beauty were profitable and successful. However, the Department of Education believed that school administrators had engaged in an ongoing and systematic program of…
Rank this Week: 729

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: 1635

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: 4595

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 115

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
  • Sep 23

    6 Ways to Multitask More Effectively

    6 Ways to Multitask More Effectively
    Many lawyers believe that their productivity gets a boost when they multitask. Sadly, it may be just the opposite. But because multitasking isn’t going away anytime soon, lawyers can learn ways to break bad habits and multitask more…
  • Sep 21

    The Pros and Cons of Requiring Workplace Arbitration

    The Pros and Cons of Requiring Workplace Arbitration
    The following is a guest blog post by Jeffrey D. Polsky, a partner at Fox Rothschild LLP, where he counsels employers on California employment law issues, represents them in litigation, and writes for Fox Rothschild’s California…
  • Sep 19

    Lessons from Trump’s Depo: Come Prepared!

    Lessons from Trump’s Depo: Come Prepared!
    In his 2007 deposition in his suit against a reporter, Donald Trump encountered very prepared attorneys. As the Washington Post describes, they “confronted the mogul with his past statements—and with his company’s internal…
Rank this Week: 46

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: 4249

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Aug 11

    Patent Plaintiff’s Lawyer Ray Niro Passes Away

    Patent Plaintiff’s Lawyer Ray Niro Passes Away
    Ray Niro passed away Monday at the age of 73 in Italy. Most readers will know Ray Niro as the original patent plaintiff’s lawyer. Ray was bigger than life, as was his reputation — both good and bad depending upon where you view…
  • Jul 25

    2016 Rocky Mountain IP Conference: Mark Lemely Year in Patent Review

    2016 Rocky Mountain IP Conference: Mark Lemely Year in Patent Review
    I attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. As usual, Mark Lemely reviewed the last year in patent law at the Federal Circuit. Here are some highlights: 101 jurisprudence 42 cases holding…
  • Jul 22

    2016 Rocky Mountain IP Conference: PTAB Year in Review

    2016 Rocky Mountain IP Conference: PTAB Year in Review
    I attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. This panel looked at the PTAB case law and related Federal Circuit decisions over the last year.  Here are the highlights: Institution…
Rank this Week: 1156

Chicago Law Source

Chicago Law Source

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

http://chicagolawsource.blogspot.com/
  • May 26

    Pssst!!!! Got a Contract With Your Lawyer? Be Sure You Understand It!

    Pssst!!!! Got a Contract With Your Lawyer? Be Sure You Understand It!
    Has Your Lawyer Given You a Contract or Retainer Agreement?  Check it before you wreck it! Hello and happy holidays from Alisa Levin at Levin Law, Ltd.!  I had an interesting thing happen recently and it reminded me that sometimes clients…
  • May 26

    If You Don't Want an Attorney to Do Things For You, Then Do Not Hire One!

    If You Don't Want an Attorney to Do Things For You, Then Do Not Hire One!
    Hi All! Happy almost-summer in the Chicagosphere, I hope you are all well.  I have an interesting situation to write about today - so I thought I would share in my usual fashion, as news you can use... so let's go!  Recently, a former…
  • Feb 23

    Stop Arguing With Pigeons! How Dealing With Self-Represented or Being Self Represented Can be Disaster

    Stop Arguing With Pigeons! How Dealing With Self-Represented or Being Self Represented Can be Disaster
    Hi All!  Happy Late-Winter (or just not snowing) as they say in Chicago!  I've missed you and been so busy that I haven't had much time to write.  However, what has been plaguing me is something I decided to write about today.  That is:…
Rank this Week: 3949

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: 4210

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/
  • Sep 23

    Now on JOTWELL: Erbsen on Gilles on Arbitration & the End of Law

    Now on JOTWELL: Erbsen on Gilles on Arbitration & the End of Law
    Today on the Courts Law section of JOTWELL is Allan Erbsen’s essay, Common Law in the Age of Arbitration. Allan reviews Myriam Gilles’ recent article, The Day Doctrine Died: Private Arbitration and the End of Law, 2016 U. Ill. L....
  • Sep 21

    Ever Wonder Which SCOTUS Cases Have Been Cited the Most?

    Ever Wonder Which SCOTUS Cases Have Been Cited the Most?
    We’re just days away from a new U.S. Supreme Court Term. With some notable exceptions, most folks pay attention to Supreme Court decisions not because of who wins or loses those particular cases, but because of what those decisions mean...
  • Sep 20

    Second Circuit Reverses $147M Judgment Against Chinese Companies on International Comity Ground

    Second Circuit Reverses $147M Judgment Against Chinese Companies on International Comity Ground
    Today the U.S. Court of Appeals for the Second Circuit issued its decision in In re: Vitamin C Antitrust Litigation. The plaintiffs had obtained a judgment for $147 million in damages (as well as injunctive relief) against two Chinese…
Rank this Week: 345

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…
  • 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…
Rank this Week: 4672

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: 1695

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: 2380

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: 3631

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: 217

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 1234

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
  • Sep 22

    Opening of the European and Private International law Section in Blog Droit Européen

    Opening of the European and Private International law Section in Blog Droit Européen
    Many thanks to Alexia Pato, PhD candidate at the Universidad Autónoma, Madrid, for this piece of news. And my best wishes! Today, blog droit européen officially celebrates the opening of its European and private international…
  • Sep 21

    Comity or Compulsion

    Comity or Compulsion
    On Tuesday, the United States Court of Appeals for the Second Circuit issued a decision reversing a $147.8 million price-fixing judgment against two Chinese manufacturers of Vitamin C. The plaintiffs alleged that the Chinese manufacturers…
  • Sep 21

    Conflicts Conference in Toronto

    Conflicts Conference in Toronto
    The following information is provided by the conference organizers.  Given how rare conflict of laws conferences are in Canada, I am delighted to pass this along. The CJPTA: A Decade of Progress In 2016, the Court Jurisdiction and…
Rank this Week: 392

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

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

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 1240

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/
  • Sep 23

    No Bull

    No Bull
    If you happened to catch the premiere episode of "Bull” this past Tuesday night on CBS, you may have an opinion and understanding of modern jury consulting. Then again, you might have a somewhat inaccurate perception of what can…
  • Sep 15

    Trial Technology in Silicon Valley

    Trial Technology in Silicon Valley
    In preparing recently for a Silicon Valley trial, I had an opportunity to check out our courtroom. Well, I should say, I made an opportunity, as we typically want to know of any potential “surprises” before they become…
  • Aug 5

    Trial Tech Tips - Electronic Exhibit Sticker

    Trial Tech Tips - Electronic Exhibit Sticker
    Trial Tech Tips - Electronic Exhibit StickersSince most courts prefer to have parties pre-mark their trial exhibits these days, we typically create a PDF set of trial exhibits with electronic stickers on the first page. These can easily be…
Rank this Week: 2845

David F. Sugarman

David F. Sugarman

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

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

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

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

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

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

    Oregon Qarmat Ali vets’ case against KBR headed to trial

    Oregon Qarmat Ali vets’ case against KBR headed to trial
    Today, Judge Papak issued another summary judgment opinion denying KBR’s motions for summary judgment on fraud and negligence. Here is a PDF copy: 512 – opinion & order – fraud and neglig It’s a long opinion, but it provides a really…
Rank this Week: 4784

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Sep 21

    Supervision of Mental Patient Issue That Requires Expert Testimony

    Supervision of Mental Patient Issue That Requires Expert Testimony
    In Newman v. Guardian Healthcare Providers, Inc., No. M2015-01315-COA-R3-CV (Tenn. Ct. App. July 27, 2016), the Court of Appeals affirmed the dismissal with prejudice of a medical malpractice (now known as a “health care…
  • Sep 19

    Evidence of Intoxication is Not Necessarily Sufficient to Establish Liability

    Evidence of Intoxication is Not Necessarily Sufficient to Establish Liability
      In Denton v. Taylor, No. E2015-01726-COA-R3-CV (Tenn. Ct. App. July 25, 2016), the Court of Appeals affirmed summary judgment in a car accident case because “plaintiff provided no evidence establishing that the decedent’s…
  • Sep 15

    Property Owner Can Owe a Duty to Volunteers Roofer

    Property Owner Can Owe a Duty to Volunteers Roofer
    In Reynolds v. Rich, No. E2015-01245-COA-R3-CV (Tenn. Ct. App. July 22, 2016), the Court of Appeals overturned summary judgment in a negligence case, finding that defendants did owe plaintiff a duty and that there were genuine issues of…
Rank this Week: 80

Deal Law Wire

Deal Law Wire

Addresses private equity, foreign investment in Canada, antitrust/competition, cross-border transactions, litigation, taxation, employment and intellectual property issues that affect deal-making. By Norton Rose Fulbright.

http://www.deallawwire.com/
  • Sep 22

    Discipline: a key deal factor for mid-market companie

    Discipline: a key deal factor for mid-market companie
    Earlier this year, we reviewed Deloitte and Touche LLP’s (Deloitte) 2016 survey of M&A trends (the Survey), which predicted that the year would match or exceed deal volume as compared to 2015. Deloitte recently published an article…
  • Sep 20

    Deal protection measures: force-the-vote provision

    Deal protection measures: force-the-vote provision
    Negotiating an acquisition can be an intensive process for both buyers and sellers. For both parties, deal certainty is important when the right transaction is on the table. However for the target, the key is striking the appropriate balance…
  • Sep 15

    Tax considerations for earn-outs and reverse earn-out

    Tax considerations for earn-outs and reverse earn-out
    As we have previously noted, earn-outs are becoming an increasingly common part of M&A deals, and there are a number of key commercial questions to consider when negotiating them. But there are also tax consequences that must be…
Rank this Week: 2156