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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.” 
  • 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: 3969

A Blog on Legal Matters that…

A Blog on Legal Matters that Matter

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

http://blog.martinfirmllc.com/
  • Mar 1

    How Potential Lawsuit Recovery Affects Bankruptcy

    How Potential Lawsuit Recovery Affects Bankruptcy
    When filing for bankruptcy, debtors are required to list all of their assets and liabilities on a bankruptcy schedule. This is required so the court can determine which, if any, assets the debtor will be allowed to keep and which will be…
  • Feb 21

    Who is at Fault in "Secondary" Car Accidents?

    Who is at Fault in "Secondary" Car Accidents?
    Secondary car accidents result after an initial car accident quickly slows or stops the traffic, causing a subsequent accident behind the first one. This is more often referred to as a multi-vehicle accident or a "pile up." Some clients…
  • Feb 13

    Can I Get My Bankruptcy Payments Lowered?

    Can I Get My Bankruptcy Payments Lowered?
    Chapter 13 bankruptcy plans allow debtors to retain their property and pay off their debts using a repayment plan. The amount of the debtors' payments is based on their income and expenses. A typical bankruptcy case lasts from 3 to 5 years.…
Rank this Week: 4514

A Buffalo Lawyer

A Buffalo Lawyer

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

http://abuffalolawyer.blogspot.com/
Rank this Week: 2341

A Winning Tip

A Winning Tip

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

http://awinningtip.blogspot.com/
  • Mar 2

    Watch Those Jurors: Body Language Trumps the Spoken Word

    Watch Those Jurors: Body Language Trumps the Spoken Word
    The courtroom setting is unfamiliar to most prospective jurors, and sitting with a group of strangers is not necessarily within most people's comfort zone, much less being grilled by counsel during voir dire. In addition to which potential…
  • Feb 2

    Help Your Witness Deliver Effective Testimony with Full Sentence

    Help Your Witness Deliver Effective Testimony with Full Sentence
    Rare is the witness who isn't anxious, worried, scared - even terrified - during deposition or cross-examination. Often this leads to a rapid pace of speech. Not only that, but witnesses tend to believe that if they just blurt out their…
  • Jan 5

    Classic Juror Misunderstanding

    Classic Juror Misunderstanding
    The brilliant cartoonist, Wiley Miller ("Non Sequitur"), captured the misunderstandings between men and women as few others have. For example, the wife says: "Let's go shopping." The husband hears: "Let's go drain the life force from your…
Rank this Week: 3939

Accessibility Defense

Accessibility Defense

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

http://accessdefense.com
  • Jan 19

    ADA compliance – half right is all wrong

    ADA compliance – half right is all wrong
       Two realities dominate the world of ADA compliance and defense. First, the ADA is a no-fault statute: good intentions don’t matter and innocence is no defense. Second, even when barrier removal is impossible, a business…
  • Dec 14

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

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

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

    Reasonable accommodation under the ADA – what would you do for your mother?
    I wrote last week about the difficulty in determining just what the ADA requires in cases concerning physical accessibility. A recent decision from California shows how hard it can be to know what the “reasonable accommodation”…
Rank this Week: 4413

Advertising Industry Litigation…

Advertising Industry Litigation Blog

Covers advertising law and litigation. By Theodora Oringher.

http://www.advertisingindustrylitigation.com/
  • Nov 19

    More About FTC’s Native Advertising Workshop

    More About FTC’s Native Advertising Workshop
    In a previous blog, I advised that the FTC was hosting a workshop on native advertising on December 4, 2013 in Washington D.C.  The FTC has now announced the agenda and panelist for the workshop.   Here is a link to the agenda.…
  • Oct 15

    Clock’s Up. New TCPA Rules Take Effect Today, October 16, 2013

    Clock’s Up. New TCPA Rules Take Effect Today, October 16, 2013
    If you are in the telemarketing industry, chances are you have had this date circled on your calendar for over a year and have spent part of that time planning and preparing for the new TCPA rules to ensure your business is in strict…
  • Sep 18

    FTC Eyeing Native Advertising

    FTC Eyeing Native Advertising
    It’s digital.  It’s popular.  And it could cause consumer confusion.  So it was inevitable it would peak the interest of the FTC.  Just this week, the FTC announced it will host a workshop on December 4, 2013…
Rank this Week: 4558

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: 3468

Alabama Litigation Review

Alabama Litigation Review

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

http://www.alabamalitigationreview.com
  • Feb 28

    Court Secrecy Harms The Public

    Court Secrecy Harms The Public
    It’s been almost two months since my last post. Although not writing here, I have been busy writing – including a number of briefs in an ongoing products’ liability case and a separate case involving a public contract in…
  • Jan 3

    Public Contracts — A Call For Transparency

    Public Contracts — A Call For Transparency
    A recent article discusses an important issue in public pension and health plans — a lack of transparency. I realize this topic is a change from my normal posts discussing personal injury, products’ liability, and Alabama court…
  • Dec 21

    Failed FDA Process Opens Door To Dangerous Medical Device

    Failed FDA Process Opens Door To Dangerous Medical Device
    Power morcellators. Transvaginal mesh. Both are examples of the FDA’s faulty 510(k) process. I’ve written several times about transvaginal mesh – products that have caused tremendous personal injury to women in Alabama and…
Rank this Week: 3275

Alaska Law Blawg

Alaska Law Blawg

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

http://aloinc.com/alaska-law-blawg/
  • Feb 5

    Purchased Property at Foreclosure Sale

    Purchased Property at Foreclosure Sale
    By: Clayton Walker Foreclosure Sale — Buyer’s Perspective When people buy property at Foreclosure sales they often find that the house came with former owners still occupying the house.  How do you get them out?  In…
  • Sep 27

    Alaska won’t Defend Employees in 1981 Claim

    Alaska won’t Defend Employees in 1981 Claim
    By: Clayton Walker Sheldon Slade filed an action against an Alaska State Employee alleging a 42 U.S.C. 1981 claim.  That claim asserts that the employee discriminated against him. That claim cannot be asserted against a State. The…
  • Mar 24

    Don’t Be the Good Guy Tenant

    Don’t Be the Good Guy Tenant
    By: Jim GainesWhen it comes to Landlord Tenant relationships, don’t be the good guy. Now, I’m not saying to be the bad guy, though, either.   In general, us human beings (most of us, anyway) desire to be liked and…
Rank this Week: 4733

Alaska Law Blog

Alaska Law Blog

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

http://www.alaskalawblog.com/
  • Nov 5

    Peter Scully Joins The Firm

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

    Commercial & Residential Landlord-Tenant Law Seminar

    Commercial & Residential Landlord-Tenant Law Seminar
    On September 27, 2012, Christopher Slottee, a partner with Atkinson Conway & Gagnon, will be participating in a seminar on Commercial & Residential Landlord-Tenant Law. Mr. Slottee will be presenting information and materials on Alaska law…
  • Jul 2

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

    Atkinson Conway & Gagnon Attorneys Contribute To Legal Publication On Attorney Malpractice
    Atkinson Conway & Gagnon is pleased to announce that Bruce E. Gagnon and Christopher J. Slottee have contributed to a new publication, The Law of Lawyers Liability, a collection of articles discussing the state of legal malpractice law in all…
Rank this Week: 2589

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: 2599

Angel Reyes Blog

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

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

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?

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

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit

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

    Monster Overdose: Are Energy Drinks Killing Teens?

    Monster Overdose: Are Energy Drinks Killing Teens?
    Alex Morris died suddenly this year from cardiac arrest at the age of 19. He habitually drank two cans of Monster Energy® drinks each day for two years. His mother Paula believes energy drinks were the cause and immediately filed a…
Rank this Week: 586

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/
  • Feb 10

    The Harms of Issuing Non-Precedential Opinion

    The Harms of Issuing Non-Precedential Opinion
    In a post last Monday on Prawfsblawg, entitled, On Not Creating Precedent in Plumley v. Austin, Richard M. Re asks, "what’s so wrong with deliberately declining to create precedent?" By his answer, an implied "nothing"…
  • Feb 3

    NY Times on Unpublished Federal Court Decision

    NY Times on Unpublished Federal Court Decision
    Just a real quick tip that in yesterday's NY Times online, Adam Liptak penned a piece about the practice of the federal courts issuing unpublished decisions and what their effect is. In the piece, Liptak quotes the Appellate Advocacy…
  • Feb 3

    Nebraska Supreme Court Procedural Ruling on Pipeline Case

    Nebraska Supreme Court Procedural Ruling on Pipeline Case
    The Nebraska Supreme Court recently issued an opinion concerning the Keystone XL oil pipeline proposed in 2008 by TransCanada Keystone Pipeline, L.P., to carry crude oil products from Canada to the Texas coastline. The opinion is not…
Rank this Week: 4614

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: 205

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: 1895

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/
Rank this Week: 666

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: 1632

Attorney R. Tamara de Silva's…

Attorney R. Tamara de Silva's Blawg

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

http://www.desilvalawoffices.com/Chicago-Litigation.aspx
  • Nov 20

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

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

    The Curious Case of George Zimmerman and the Castle Doctrine

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

    Supreme Court Strikes Down DOMA

    Supreme Court Strikes Down DOMA
    DOMA Falls at the Supreme Court-Good Riddance June 27, 2013 R. Tamara de Silva Yesterday, the United States Supreme Court struck down the Defense of Marriage Act ("DOMA"). The Defense of Marriage Act was signed into the law in 1996 by…
Rank this Week: 2869

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: 1335

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: 1272

Beyond Structured Settlements

Beyond Structured Settlements

Covers 468B settlement funds, factoring, medicare set-aside arrangements, settlement planning, special needs trusts and structured settlements. By Patrick Hindert.

http://s2kmblog.typepad.com/rethinking_structured_set/
  • Feb 23

    NSSTA 2015 "Structures 202" Conference

    NSSTA 2015 "Structures 202" Conference
    It was "Showtime in Las Vegas" last week as the National Structured Settlement Trade Association (NSSTA) introduced its newest educational offering ("Structures 202") to a cross-section of 150 association members including many "Next…
  • Feb 13

    Structured Settlement Update - 2014 Annuity Sale

    Structured Settlement Update - 2014 Annuity Sale
    Structured settlement primary market annuity sales increased by $115,881,836 (approximately 2%) to $5,250,262,691 in 2014 compared with $5,134,380,855 in 2013 according to industry estimates compiled and recently distributed by Melissa Evola…
  • Feb 8

    S2P2J Release 57 Highlight

    S2P2J Release 57 Highlight
    The United States structured settlement market has been in existence for more than 35 years and continues to expand its scope, complexity and importance within the context of personal injury settlement planning. Since it was first published…
Rank this Week: 386

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: 812

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Feb 25

    High Court Rejects State-Action Defense in Teeth-Whitening Case; State -- Not Fox -- Must Guard Henhouse

    High Court Rejects State-Action Defense in Teeth-Whitening Case; State -- Not Fox -- Must Guard Henhouse
    State action? The U.S. Supreme Court ruled today that a North Carolina board's ban on cheap teeth-whitening by non-dentists may expose the board's members to a federal antitrust claim despite the board's status as a creature of the state.…
  • Feb 12

    Why Comcast Corp. v. Behrend Went Off the Air

    Why Comcast Corp. v. Behrend Went Off the Air
    In Roach v. T.L. Cannon Corp., No. 13-3070-cv (2d Cir. Feb. 10, 2015), the Second Circuit gave a narrow reading of the Court's ruling on class certification in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), which Blawgletter argued...
  • Jan 30

    Oil & Gas Royalty Owners Win Big in Texas Supreme Court

    Oil & Gas Royalty Owners Win Big in Texas Supreme Court
    A group of oil and gas lessors/royalty owners -- who won more than $21 million on fraud and breach of lease claims at trial but lost in the court of appeals -- prevailed today in the Supreme Court of Texas....
Rank this Week: 132

Boston Lawyer Blog

Boston Lawyer Blog

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

http://www.bostonlawyerblog.com/
  • Feb 27

    Police Can’t Search Your Car Because they See a Small Amount of Marijuana

    Police Can’t Search Your Car Because they See a Small Amount of Marijuana
    The Supreme Judicial Court today, February 27, suppressed a search that was triggered by police observing “about an ounce” of marijuana in a car they had stopped for a broken headlight (Commonwealth v. Sheridan, No. SJC-11543).…
  • Feb 19

    Breastfeeding-Related Discrimination Should Be Protected By Law (Even if Men Can Lactate)

    Breastfeeding-Related Discrimination Should Be Protected By Law (Even if Men Can Lactate)
    Angela Ames resigned from her position at Nationwide Mutual Insurance Company just three hours after she returned from maternity leave.  Upon her return, she sought access to the company’s lactation rooms and was informed that she…
  • Feb 12

    Amid Opposition, Massachusetts to Revise Rule for Criminal Plea

    Amid Opposition, Massachusetts to Revise Rule for Criminal Plea
    The Massachusetts Supreme Judicial Court (“SJC”) has issued extensive revisions to the rule governing criminal pleas, which will take effect on May 11, 2015.  As I explain below, while the changes address a narrow issue, they…
Rank this Week: 4585

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/
  • Mar 2

    A Lesson in What Strip Clubs Can Teach You About the FLSA

    A Lesson in What Strip Clubs Can Teach You About the FLSA
    Earlier this month, four former dancers filed a wage and hour collective action against the owners of Cheetahs Gentlemen’s Club & Restaurant, an adult entertainment night club in New York. Rodriguez, et al. v. Three Amigos SJL Inc.,…
  • Feb 27

    DOJ Intervenes to Defend Constitutionality of Lanham Act in Redskins’ Trademark Dispute

    DOJ Intervenes to Defend Constitutionality of Lanham Act in Redskins’ Trademark Dispute
    Another chapter has unfolded in the 23-year-old dispute between the Washington Redskins and the Native Americans who object to the team’s mascot — a mascot that the team has used for over 80 years. Recently, the U.S. Department of…
  • Feb 26

    FEBRUARY 2015 FI&C WEBSITE NEWSLETTER

    FEBRUARY 2015 FI&C WEBSITE NEWSLETTER
    *  FI&C was notified that it again made the Dayton Business Journal’s Top Dayton-Area Law Firms List. *  Ron Raether spoke at the ACI Cyber security and Data Privacy Protection Conference in Washington, D.C. *  Scot…
Rank this Week: 1427

California Business Litigation…

California Business Litigation Attorney Blog

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

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

    What to Do If You Are Served With a Subpoena

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

    How to Be Prepared for a Business Litigation Case

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

    How to Buy a Business: Common Dangers and Pitfall

    How to Buy a Business: Common Dangers and Pitfall
    Anyone who wants to buy a business needs to be cautious before signing an offer. It is critical to consult with a lawyer who is experienced in California business sales to guide you through the process. Very often the business purchase…
Rank this Week: 3578

California Business Litigation…

California Business Litigation Blog

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

http://www.californiabusinesslitigation.com/
  • Feb 27

    37 California School Districts Agree to Settle Lawsuit Regarding Elementary School Physical Education Requirement

    37 California School Districts Agree to Settle Lawsuit Regarding Elementary School Physical Education Requirement
    In a post in August, 2014 (HERE), the California Business Litigation blog wrote about a lawsuit filed by Cal200. That suit alleged that many school districts in California were failing to meet the elementary school standard for PE of 200…
  • Feb 20

    Los Angeles Unified School District Attorneys to Help Students Facing Deportation

    Los Angeles Unified School District Attorneys to Help Students Facing Deportation
    Immigration issues are nothing new in the U.S. In the Los Angeles Unified School District, officials and teachers have long dealt with students who may not have been in the country legally. The LAUSD is the second largest school district in…
  • Feb 13

    Florida Court of Appeals Makes Social Media Discoverable

    Florida Court of Appeals Makes Social Media Discoverable
    In January of 2015, the Florida State Court of Appeals delivered a ruling that may prove to be a landmark. Within the context of a personal injury case, the court ruled that social media posts made by the plaintiff were discoverable even…
Rank this Week: 817

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: 2970

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: 3403

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 333

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
  • Mar 2

    Should You Check a Job Applicant’s Social Media Posts?

    Should You Check a Job Applicant’s Social Media Posts?
    Employers are wondering whether browsing public social media sites to learn more about a job applicant is worth the potential risks. A CareerBuilder survey found that 39% of employers use social networking sites to research job candidates,…
  • Feb 27

    Keep Cross-Examination Short (Unless You Shouldn’t)

    Keep Cross-Examination Short (Unless You Shouldn’t)
    A successful evangelist once said about his sermons: “Nobody ever got religion after the first twenty minutes.” His time estimate may be wrong, but every evangelist and trial attorney has wrestled with the short attention span of…
  • Feb 25

    Like Cheese, Foreign Prenups Don’t Travel Well

    Like Cheese, Foreign Prenups Don’t Travel Well
    The following is a guest blog post by Peter M. Walzer of Walzer Melcher LLP in Los Angeles, a firm focused exclusively on family law. Mr. Walzer has been a Certified Family Law Specialist for 25 years. It’s not uncommon for out-of-state…
Rank this Week: 2442

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: 2339

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Feb 18

    Failure to Make Arguments to Magistrate Requires Reversal of Recomendation

    Failure to Make Arguments to Magistrate Requires Reversal of Recomendation
    Velocity Patent, LLC v. Audi of Am., Inc., No. 13 C 8418, Slip Op. (N.D. Ill. Dec. 11, 2014) (Darrah, J.). Judge Darrah held that Judge Mason’s discovery report and recommendation was clearly erroneous, and ordered past damages…
  • Feb 16

    Clarified Claim Construction Precludes Summary Judgment

    Clarified Claim Construction Precludes Summary Judgment
    Trading Techs. Int’l, Inc. v. CQG, Inc., No. 05 C 4811, Slip Op. (N.D. Ill. Dec. 22, 2014) (Coleman, J.). Judge Coleman denied defendants’ (collectively “CQG” motion for summary judgment of noninfringement in this…
  • Feb 13

    Court Requires Document Production be Accompanied by an Affidavit Explaining the Search Proce

    Court Requires Document Production be Accompanied by an Affidavit Explaining the Search Proce
    Fantasia Distrib., Inc. v. Rand Wholesale, Inc., No. 14 C 1546, Slip Op. (N.D. Ill. Dec. 2, 2014) (Chang, J.). Judge Chang ruled upon the following discovery disputes in this case regarding alleged counterfeit sales of ehookah products:…
Rank this Week: 108

Chicago Law Source

Chicago Law Source

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

http://chicagolawsource.blogspot.com/
  • Jan 21

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

    Breaking Up With Counsel... Oh So Hard To Do! But Why?
    Hello Chicago Law Sourcers!  Happy January 2015.  Can you believe it's already almost February?  Boy, how time flies when you are having fun.  Well, today, I'd like to talk about what happens when you have a bad attorney, and how that…
  • Dec 11

    Bed Bugs! Chicago Ordinance Rules To Help Prevent Critter Cramps!

    Bed Bugs! Chicago Ordinance Rules To Help Prevent Critter Cramps!
    Happy Holidays from Levin Law, Ltd!  We are busy at work preparing for 2015 and want to talk bugs.  Bugs?  Yes.  Bugs.  Specifically, bed bugs, and how they can affect even the cleanest, spic-and-span-cleanest-homes, from Detroit to L.A.…
  • Oct 23

    It's Not Fraud Just Because You Don't Like It!

    It's Not Fraud Just Because You Don't Like It!
    Good afternoon Blogosphere!  Happy Fall from Levin Law Ltd. presenting you with News You Can Use, about all things real estate.  Here is one from my phone logs... just in today: I get a call from a guy... we'll call him Steve.  Steve and…
Rank this Week: 3191

Chicago Trial Attorney Blog

Chicago Trial Attorney Blog

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

http://www.counseloroffices.net/
  • Feb 11

    Chicago Trial Attorney: Personal Injury Matters - Car Accidents and Insurance

    Chicago Trial Attorney: Personal Injury Matters - Car Accidents and Insurance
    The other driver had no insurance? Not "enough" insurance? Happens ALL the time! I get these questions daily. My clients are shocked to learn that (a) people actually drive cars with no insurance - as in 0 insurance; (b) they were hit and…
  • Feb 1

    Chicago Trial Attorney: Personal Injury Matters - Snow can = Injuries!

    Chicago Trial Attorney: Personal Injury Matters - Snow can = Injuries!
    Stay home when it's snowing / "blizzardy" / wet roads when it's cold out! Not worth driving to - anywhere! Did you know these alarming statistics provided via NHTSA?: On average, there are over 5,870,000 vehicle crashes each year.…
  • Jan 26

    Chicago Trial Attorney: Personal Injury Matters - Texting = Distracted Driving!

    Chicago Trial Attorney: Personal Injury Matters - Texting = Distracted Driving!
    Distracted driving is a killer. Please don't text and drive! According to the U.S. Department of Transportation, National Highway Safety Administration ("NHTSA") in a study here found that: 71% of teens and young people say they have…
Rank this Week: 2635

Circuit Splits

Circuit Splits

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

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

    Parallel Review and Identifying Circuit Split

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

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

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

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

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split
    Sometimes appellate advocates argue that the circuit court panel in their case should align with the decisions of one or two other circuits in order to avoid creating a circuit split. In one recent case, the lawyer stretched the argument too…
Rank this Week: 1475

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/
  • Mar 2

    The Dress, Justice Holmes & Erie

    The Dress, Justice Holmes & Erie
    What’s the half-life for internet-breaking social media sensations these days? It seems to get shorter and shorter, so I figured I should address #TheDress sooner rather than later. Is it White & Gold, or Blue & Black? For all…
  • Feb 28

    House Committee Hearing on CAFA Dominated by US Chamber of Commerce

    House Committee Hearing on CAFA Dominated by US Chamber of Commerce
    I wanted to post a quick blurb about my testimony yesterday before the Subcommittee on the Constitution and Civil Justice of the House Judiciary Committee in the hearing on The State of Class Actions Ten Years After the Class Action...
  • Feb 26

    Erbsen on Klerman & Reilly on Forum Selling

    Erbsen on Klerman & Reilly on Forum Selling
    Now available on the Courts Law section of JOTWELL is an essay by Allan Erbsen entitled Judicial Competition for Case Filings in Civil Litigation. Allan reviews a recent article by Daniel Klerman & Greg Reilly, Forum Selling, the current…
Rank this Week: 212

Class Action Attorneys Blog

Class Action Attorneys Blog

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

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

    Getting Paid for Security Screenings?

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

    Triumph

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

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

    Fisher-Price Rock ‘N Play Infant Sleeper Recall to Inspect – Not Reimburse
    On January, 8, 2013, The Consumer Product Safety Commission in association with Fisher-Price announced a voluntary recall of the Rock ‘N Play Infant Sleeper due to the risk of mold developing between the removable seat cushion and hard…
Rank this Week: 2661

Class Action Blog

Class Action Blog

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

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

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

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

    McDonald’s And Other Food Chains May Be Underpaying Employee

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

    Tom’s Natural Toothpaste May Not Actually Be Natural

    Tom’s Natural Toothpaste May Not Actually Be Natural
    Consumers in the U.S. rely on labels that say “natural” when purchasing products such as toothpastes.  Consumers are even willing to pay extra money to buy products that are labeled “natural”.  Unfortunately,…
Rank this Week: 693

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: 1120

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: 93

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: 4099

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: 211

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
  • Feb 16

    Check Out BakerHostetler’s 2014 Year-End Review of Class Action

    Check Out BakerHostetler’s 2014 Year-End Review of Class Action
    BakerHostetler’s 2014 Year-End Review of Class Actions (and what to expect in 2015) was published on February 2, and is available for download at the firm’s website.  This annual summary is a joint effort of numerous…
  • Jan 5

    ClassActionBlawg’s Top 10 Most Significant Class Action Developments in 2014

    ClassActionBlawg’s Top 10 Most Significant Class Action Developments in 2014
    In keeping with the time-honored tradition of end-of-the-year top 10 lists, I’ve assembled my annual list of the top 10 most significant class action developments below.  Whether these are actually the top 10 most significant…
  • Oct 31

    Why Whirlpool’s Class Action Trial Victory May Be Bad News for Class Action Defendant

    Why Whirlpool’s Class Action Trial Victory May Be Bad News for Class Action Defendant
    Whirlpool Corporation made headlines yesterday when a Ohio federal court jury issued a verdict finding that the manufacturer’s washers did not have a defect that caused them to develop mold.  The verdict comes in the first of the…
Rank this Week: 1033

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
  • Mar 2

    French Same-Sex Marriage, a Strange International Public Policy

    French Same-Sex Marriage, a Strange International Public Policy
    By Dr. François Mailhé, maître de conferences, Paris II Last month, on January 28, the French Cour de cassation decided on a new “Same-sex Marriage” Act international case. After “Thalys babies” in…
  • Mar 2

    Annexes I and II Brussels Recast

    Annexes I and II Brussels Recast
    Quick post to inform about the publication, on the OJ L 54, 25.02.2015, of the Commission delegated Regulation (EU) 2015/281, of 26 November 2014, replacing Annexes I and II of Regulation (EU) No 1215/2012 of the European Parliament and…
  • Mar 2

    Tort jurisdiction and pure economic loss – Request preliminary ruling

    Tort jurisdiction and pure economic loss – Request preliminary ruling
    Written by Laura van Bochove, Erasmus University Rotterdam In January, the Dutch Court of Cassation referred several questions on Article 5(3) Brussels I Regulation to the CJEU for a preliminary ruling (Case C-12/15), including the questions…
Rank this Week: 138