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352nd District Court

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

http://352nddistrictcourt.wordpress.com/

Feb 25
2008 – The Tragic Mother and Child Reunion

2008 – The Tragic Mother and Child Reunion

The plaintiff’s attorney began the Original Petition for his client with this succinct statement: ”This is a case of great sadness, high emotion and the need for precise and immediate action by the Court.”
Dec 11
2011 – Death and Taxes … and Chicken

2011 – Death and Taxes … and Chicken

The sole issue in this case was at what point in the life of a chicken does the chicken lose its tax-exempt status as poultry? When this lawsuit was filed in 2011, Pilgrim’s Pride was the second-largest chicken producer in the world. A…
Nov 20
1998 – The God Pod

1998 – The God Pod

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

Rank this Week: 4611

A Buffalo Lawyer

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

http://abuffalolawyer.blogspot.com/

May 13
pro bono appeals program

pro bono appeals program

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

upcoming CLE on Legal Ethics & Social Networking

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

New firm policy

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

Rank this Week: 2692

A Winning Tip

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

http://awinningtip.blogspot.com/

May 16
Superior Court Judge M. Marc Kelly Honors Juror

Superior Court Judge M. Marc Kelly Honors Juror

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

Valuable Lessons From the Vicky Pryce Trial

The Vicky Pryce and Chris Huhne trials, featuring, per the New York Times “a leading politician, his extramarital affair, a speeding ticket, his now-divorced wife and her decision to wreak her revenge” finally ended mid-March with…
Apr 1
Want to Win? Start Off On The Right Foot With Prospective Juror

Want to Win? Start Off On The Right Foot With Prospective Juror

When prospective jurors walk into the courtroom, they only know one thing for sure: The courtroom is His/Her Honor’s private reserve, and the Judge’s word is law. Everything about the physical layout of the courtroom says…

Rank this Week: 4453

ABA Litigation Podcast: Tips &…

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

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

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

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

Spoliation of Electronic Evidence: A Judicial Boiling Point?

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

Curb Your Enthusiasm: The Ethical Bounds of Zealous Advocacy

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

Brand Enforcement on Social Networking Site

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

Rank this Week: 1030

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: 3805

Alabama Litigation Review

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

http://www.alabamalitigationreview.com

May 16
Justice And Arbitration Fairne

Justice And Arbitration Fairne

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

Hospital Bills and Payments: Issues in Personal Injury Case

The U.S. government recently released data detailing and comparing hospital charges. The clear fact revealed by the data -- Charges for specific procedures can vary greatly between hospitals. This comes as no surprise to me. I see hospital…
Apr 27
UPDATE -- Takeda Faces First Trial Over Diabetes Drug Acto

UPDATE -- Takeda Faces First Trial Over Diabetes Drug Acto

A few days ago, I wrote about the first case to go to trial against Takeda Pharmaceuticals over its diabetes drug Actos. Takeda faces a huge number of cases alleging that its drug Actos is defective. As I wrote my last post, the jury was…

Rank this Week: 3786

Alaska Law Blog

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

http://www.alaskalawblog.com/

Jul 18
Commercial & Residential Landlord-Tenant Law Seminar

Commercial & Residential Landlord-Tenant Law Seminar

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

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

Atkinson Conway & Gagnon is pleased to announce that Bruce E. Gagnon and Christopher J. Slottee have contributed to a new publication, The Law of Lawyers Liability, a collection of articles discussing the state of legal malpractice law in all…
Mar 20
Where To Go To Resolve Your Securities Claims? FINRA Abritration.

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

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

Rank this Week: 2764

An Appeal to Reason

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

http://donnabader.com

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

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

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

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

Have you Googled your clients lately?

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

Rank this Week: 2891

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/

May 21
Texting While Driving Is Deadly

Texting While Driving Is Deadly

By Brooke Cohen: I’m not sure even where to start writing here. As a mother I was heartbroken to hear the news of the young sixteen-year-old girl named Savannah Nash who died this weekend as she ran her car into a tractor-trailer -- an…
May 20
The Dark Side of Generic Drug

The Dark Side of Generic Drug

Dinesh Thakur was a whistleblower for the generic drug maker, Ranbaxy Laboratories in Gurgaon, India, 20 miles south of New Delhi. Due to his efforts, on May 13 of this year, Ranbaxy pleaded guilty to seven federal criminal counts of selling…
May 15
Transvaginal Mesh and the Wall Street Journal

Transvaginal Mesh and the Wall Street Journal

Author: Brooke Cohen The Wall Street Journal put out a timely article today entitled “Outcomes are Mixed for Pelvic Procedure”. I say timely because the product-liability lawsuits against five manufacturers of transvaginal…

Rank this Week: 613

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: 190

Armillary Observations

Focuses on appellate law and military law.

http://hlime.wordpress.com

Mar 24
Defense: Planet of Giant

Defense: Planet of Giant

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

Prosecution: The Myth Maker

Hello again, Mithradates here, and back on the job, sans my erstwhile partner. While I catch up on old reviews, I am continuing forward from my last stopping point, and have decided to post my impressions while they are still fresh. This will…
Sep 16
Prosecution: Reign of Terror

Prosecution: Reign of Terror

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

Rank this Week: 1992

Asset Search Blog

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

http://www.assetsearchblog.com/

Apr 20
Asset Search News Roundup: April 20, 2013

Asset Search News Roundup: April 20, 2013

This Asset Search News Roundup discusses the Secrecy for Sale Project and the indictment of a NY attorney along with a Swiss banker: I) The US-based International Consortium of Investigative Journalists, (“ICIJ”),…
Mar 2
Swiss Banks, Smuggling & Other Asset Recovery Issue

Swiss Banks, Smuggling & Other Asset Recovery Issue

“Swiss Banks, Smuggling & Other Asset Recovery Issues” will be presented from 6:00 PM to 9:00 PM on April 18, 2013 in New York City, at the New York County Lawyer’s Association. Jack Blum, Esq., Advocate Robert…
Feb 3
Receiver Says To Associated Bank, Show Me The Money

Receiver Says To Associated Bank, Show Me The Money

The September 2009 Asset Search Blog article “Money Laundering By Minneapolis Money Managers?”, raised the issue of whether Associated Bank had violated federal anti-money laundering regulations. This article discussed…

Rank this Week: 859

At Counsel Table

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

http://atcounseltable.wordpress.com

May 22
Preparing Your Witness For A “Reptile” Deposition

Preparing Your Witness For A “Reptile” Deposition

In my last post, I attempted to describe what has come to be known as the Reptile technique of discovery and trial presentation, as advocated in the book, Reptile: the 2009 Manual of the Plaintiff’s Revolution. Again, the goal with…
May 20
Beware The “Reptile” Lawyer

Beware The “Reptile” Lawyer

For many, the words “lawyer” and “reptile” are probably synonymous. Since 2009, however, some lawyers have sought to transform the courtroom into a reptilian battleground. That year, attorney Don Keenan and jury…
May 13
Want Clients? Look To Those Who Care About You Most

Want Clients? Look To Those Who Care About You Most

One of the first things a business development coach will tell you is to identify people whom you believe can help you in your quest to build a practice. If you’re like me, this might cause you to look around and compile a list of…

Rank this Week: 1822

Attorney R. Tamara de Silva's…

Attorney R. Tamara de Silva's Blawg

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

http://www.desilvalawoffices.com/Chicago-Litigation.aspx

Mar 26
Supreme Court Hears Proposition 8-Marriage Equality Reconsidered

Supreme Court Hears Proposition 8-Marriage Equality Reconsidered

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

First Sale Doctrine in Overseas Copyright Case

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

ACLU v CIA

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

Rank this Week: 3425

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: 1436

Bailey Class Action Daily

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

http://www.baileydaily.com/

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

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

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

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

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

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

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

Rank this Week: 1348

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/

May 14
Future of Elder and Special Needs Law - 1

Future of Elder and Special Needs Law - 1

"You cannot connect the dots looking forward. You can only connect them looking backwards. So you have to trust that the dots will connect in the future." - Steve Jobs Despite the challenges of predicting the future, the Spring 2013...
May 9
SEC Bulletin Addresses Structured Settlement Transfer

SEC Bulletin Addresses Structured Settlement Transfer

The Securities and Exchange Commission (SEC) Office of Investor Education and Advocacy has issued an Investor Bulletin titled "Pension or Settlement Income Streams: What You Need to Know Before Buying or Selling Them". Although the SEC…
May 6
NAELA 2013 Annual Meeting

NAELA 2013 Annual Meeting

The National Academy of Elder Law Attorneys (NAELA) celebrated its 25th anniversary last week in Atlanta - commemorating its past achievements, analyzing current legal and demographic issues and preparing for future growth and development.…

Rank this Week: 371

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: 768

Blawgletter

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

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

May 23
Good Faith Would Not Defeat False Opinion Claim Under Securities Act, Sixth Circuit Hold

Good Faith Would Not Defeat False Opinion Claim Under Securities Act, Sixth Circuit Hold

The Sixth Circuit split with the Second and Ninth Circuits today on what a plaintiff must plead under section 11 of the Securities Act of 1933 in cases that involve opinions, views, and other "soft" info. The panel looked at...
May 21
Using Amateur Athlete's Avatar in Video Game Could Violate Right of Publicity, Third Circuit Rule

Using Amateur Athlete's Avatar in Video Game Could Violate Right of Publicity, Third Circuit Rule

Electronic Arts, Inc., makes video games, including the NCAA Football series. EA put an avatar of Ryan Hart, an ex-quarterback at Rutgers, in the series. Hart sued EA for "violating his right of publicity as recognized under New Jersey…
May 20
WSJ Equates Filing Empty Seats with Court-Packing

WSJ Equates Filing Empty Seats with Court-Packing

About 76 years ago, President Franklin D. Roosevelt hatched a plan for bending to his will a recalcitrant and obstructive (by his lights) U.S. Supreme Court. The Court at the time consisted of seven Republican appointees and two Democratic…

Rank this Week: 108

Business Litigation Info

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

http://www.businesslitigationinfo.com/

May 8
Privacy Today: The More Things Change, the More they Stay the Same

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

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

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

Charles Faruki, Managing Partner of FI&C was recently selected as a 2013 BTI Client Service All-Star MVP by BTI Consulting Group. All-Star MVPs are standout attorneys honored for delivering superior client service year after year. Charlie…
Mar 20
SCOTUS Issues First-Ever Decision Interpreting CAFA

SCOTUS Issues First-Ever Decision Interpreting CAFA

On Tuesday, March 19, 2013, the U.S. Supreme Court issued a unanimous decision in Standard Fire Ins. Co. v. Knowles, No. 11-1450, and held that class action plaintiffs cannot plead around the Class Action Fairness Act’s…

Rank this Week: 1641

California Business Litigation…

California Business Litigation Attorney Blog

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

http://www.californiabusinesslitigationattorneyblog.com/

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

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

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

Mediation: What You Should Know

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

A New Year Brings New Laws to California In 2013

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

Rank this Week: 4075

California Business Litigation…

California Business Litigation Blog

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

http://www.californiabusinesslitigation.com/

May 23
Federal Judge Decides in Facebook's Favor in Typosquatting Case: Awards $2.8 Million

Federal Judge Decides in Facebook's Favor in Typosquatting Case: Awards $2.8 Million

As technology evolves and society relies more and more on the Internet for work and play, scam artists seem to dream up increasingly creative ways to derive a profit from it. Most regular Internet users have become familiar with the term…
May 17
Retaliation Lawsuit Filed After Social Media Posting

Retaliation Lawsuit Filed After Social Media Posting

Sometimes, social media, employers and workers just shouldn’t mix. At least, that’s the logical conclusion in the case of a lawsuit filed by former employees of Coyote Ugly Saloon. The trouble began when several current and…
May 9
High School Teacher Files an Appeal in Case of Social Media Related Resignation

High School Teacher Files an Appeal in Case of Social Media Related Resignation

A legal quagmire in Georgia over a teacher, her Facebook profile and student access to that profile is deepening. The tale starts at the beginning of the 2009 school year when Ashley Payne, a high school English teacher, befriended a student…

Rank this Week: 812

California Business Litigation…

California Business Litigation Lawyer Blog

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

http://www.californiabusinesslitigationlawyerblog.com/

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

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

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

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

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

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

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

Rank this Week: 4926

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: 3324

California Civil Litigation Blog

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

http://www.koller-law.com

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

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

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

California AG’s Mobile App Case Against Delta Dismissed

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

HIPAA Omnibus Final Rule Released

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

Rank this Week: 3884

California Punitive Damages

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

http://calpunitives.blogspot.com/

May 13
Court of Appeal affirms $40,000 in punitive damages after reversing $3.8 million in compensatory damages (Corenbaum v. Lampkin)

Court of Appeal affirms $40,000 in punitive damages after reversing $3.8 million in compensatory damages (Corenbaum v. Lampkin)

Our report on this case is a bit tardy, because I was traveling abroad when the decision was issued. The main issue in this case has nothing to do with punitive damages, but it merits a brief mention here because the court’s…
Apr 24
$4.8M punitive damages award reversed for lack of evidence that corporate management participated in wrongdoing (Martinez v. Rite Aid)

$4.8M punitive damages award reversed for lack of evidence that corporate management participated in wrongdoing (Martinez v. Rite Aid)

In October 2010 we reported about this $4.8 million punitive damages award against Rite Aid in a disability discrimination case. Yesterday, the California Court of Appeal (Second Appellate District, Division Seven) vacated that award in…
Apr 23
Supreme Court of India affirms $18.4 million punitive damages award

Supreme Court of India affirms $18.4 million punitive damages award

An editorial in Business Standard reports on a case in which the Supreme Court of India has affirmed a punitive damages award of "Rs 100 crone" in a contamination case against the operator of a copper smelting plant. That works out to $18.4…

Rank this Week: 450

CEB blog

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

http://blog.ceb.com

May 24
Organizing Discovery

Organizing Discovery

For discovery to be useful in a case, it must be organized. One effective way to organize discovery is with an issue table. Issue tables are a way to keep track of the main issues, the elements of the claims and defenses, and the relevant…
May 22
Immigration Issues Dos and Don’ts for Job Interview

Immigration Issues Dos and Don’ts for Job Interview

There are many subjects that require care when conducting a job interview. Immigration is definitely one of them. Given the increased awareness and sensitivity to immigration status issues, employers need to watch their questions. Although…
May 20
Keep an Eye Toward an Appeal

Keep an Eye Toward an Appeal

Trying a case is hard enough, but throughout trial you should also keep in the back of your mind the need to preserve the record for appeal. Why is it so important to pay attention to the record during trial? It all comes down to a major…

Rank this Week: 5151

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: 2555

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/

May 1
Preliminary Injunction Partially Entered in Trademark Suit

Preliminary Injunction Partially Entered in Trademark Suit

DR Distributors, LLC v. 21 Century Smoking, Inc., No. 12 C 50324, Slip Op. (N.D. Ill. Mar. 14) (Kapala, J.). Judge Kapala granted the agreed portions of plaintiff’s motion for preliminary injunction in this trademark case involving…
Apr 29
Courtesy Copies of Complaints Required by Local Rule 5.2(f)

Courtesy Copies of Complaints Required by Local Rule 5.2(f)

Eiserman & Assocs., LLC v. Rosen, No. 13 C 1315, Slip Op. (N.D. Ill. Mar. 12, 2013) (Shadur, Sen. J.). Zambezia Film Pty. Ltd. v. Does 1-33, No. 13 C 1323, Slip Op. (N.D. Ill. Mar. 12, 2013) (Shadur, Sen. J.). Zambezia Film Pty. Ltd. v.…
Apr 26
Arguments Disclosed in Summary Judgment are Preserved

Arguments Disclosed in Summary Judgment are Preserved

CBOE v. ISE, No. 07 C 623, Slip Op. (N.D. Ill. Mar. 6, 2013) (Lefkow, J.). Judge Lefkow granted in part plaintiff CBOE’s motion to strike defendant ISE’s expert witness in this patent case, as follows: This case was not governed…

Rank this Week: 107

Chicago Law Source

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

http://chicagolawsource.blogspot.com/

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

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

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

2013 LANDLORD TENANT SEMINAR by LEVIN LAW LTD.

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

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

Rank this Week: 3500

Chicago Trial Attorney Blog

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

http://www.counseloroffices.net/

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

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

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

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

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

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

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

Rank this Week: 2986

Circuit Splits

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

http://www.circuitsplits.com/

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

From Dicta to Disarray: Split on the Domestic Relations Exception

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

Growing Circuit Split Over Removal Statute

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

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

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

Rank this Week: 1614

Civil Procedure & Federal…

Civil Procedure & Federal Courts Blog

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

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

May 22
Pereyra and Sunshine on Settlement Rates After Twombly and Iqbal

Pereyra and Sunshine on Settlement Rates After Twombly and Iqbal

Victor Abel Pereyra and Benjamin Sunshine, of University of Illinois College of Law, have posted on SSRN their paper Access-to-Justice v. Efficiency: An Empirical Study of Settlement Rates After Twombly and Iqbal. Abstract: A party’s…
May 17
Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal

Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal

Now available on the Courts Law section of JOTWELL is an essay by Brooke Coleman (Seattle) entitled Celebrating Civil Rulemaking. It reviews a recent article by Lonny Hoffman (Houston), Rulemaking in the Age of Twombly and Iqbal, which will…
May 17
Meyn on Comparing Civil and Criminal Discovery

Meyn on Comparing Civil and Criminal Discovery

Prof. Ion Meyn (Wisconsin) has posted on SSRN a draft of his article Discovery and Darkness: The Information Deficit in Criminal Disputes, which will appear in the Brooklyn Law Review. Here’s the abstract: Scholarship has long recognized a…

Rank this Week: 192

Class Action Attorneys Blog

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

http://www.classactionattorneysblog.com/

Feb 14
Triumph

Triumph

On February 7, 2013, Carnival’s Triumph left the port of Galveston in what was anticipated to be a relaxing four-day cruise to the Caribbean. However, this winter getaway quickly turned into a living nightmare for Triumph’s 3,142…
Jan 17
Fisher-Price Rock ‘N Play Infant Sleeper Recall to Inspect – Not Reimburse

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

On January, 8, 2013, The Consumer Product Safety Commission in association with Fisher-Price announced a voluntary recall of the Rock ‘N Play Infant Sleeper due to the risk of mold developing between the removable seat cushion and hard…
Oct 12
Complaints Continue about Hurd Window and Door Defect

Complaints Continue about Hurd Window and Door Defect

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

Rank this Week: 2805

Class Action Blog

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

http://classactionblog.mdpcelaw.com/

May 23
Top Shelf May Be Bottom Shelf

Top Shelf May Be Bottom Shelf

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

Supple Joint Drinks Cannot Rebuild Your Cartilage

Millions of adults in the United States live with arthritis, a disease involving the breakdown of cartilage in joints, or other orthopedic disorders in which cartilage in joints is broken down over time and causes bones in those joints to…
Mar 20
Delivery Drivers Must Be Reimbursed

Delivery Drivers Must Be Reimbursed

Meiselman, Packman, Nealon, Scialabba & Baker P.C. (MPNSB) continues to actively investigate potential class action lawsuits on behalf of delivery drivers for Dominos, Pizza Hut, Papa Johns and other restaurants or businesses.…

Rank this Week: 988

Class Action Blog

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

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

May 21
Class Action News of the Day

Class Action News of the Day

Sprint seeks Supreme Court review of California appeal court decision refusing to compel arbitration of class action alleging improper early termination fees. Supreme Court rejects Nucor Corp. appeal of certification of class of…
May 6
First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

This trio of cases concerned Pfizer’s off-label marketing of Neurontin and plaintiffs’ efforts to recover for the Neurontin prescriptions they had thereby been fraudulently induced to pay. In Kaiser, Plaintiffs’ primary…
May 3
Best Practices in Reducing Cost and Managing Risk in Class Action Litigation

Best Practices in Reducing Cost and Managing Risk in Class Action Litigation

Across industries, corporate counsel reported they spent $2.1 billion annually on class action lawsuits in 2012. This reflects a modest decline from $2.2 billion in 2011. On average, companies managed 5.1 class actions in 2012, representing a…

Rank this Week: 1215

Class Action Defense Blog

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

http://classactiondefense.jmbm.com/

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

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

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

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

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

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

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

Rank this Week: 74

Class Action Defense Review

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

http://www.classactiondefensereview.com/

May 23
When Incentive Payments to Class Representatives Come With Strings Attached

When Incentive Payments to Class Representatives Come With Strings Attached

It is not uncommon for class action settlements to include an “incentive award” for class representatives for their service to the class in bringing the lawsuit. Neither is it uncommon for courts to approve such settlements, so…
Apr 16
Supreme Court Blesses "Pick Off" Attempts in FLSA Actions...or Does It?

Supreme Court Blesses "Pick Off" Attempts in FLSA Actions...or Does It?

The Supreme Court held today that a collective action under the Fair Labor Standards Act may not continue if a defendant, prior to conditional certification, has mooted the named plaintiff’s case through an offer of full relief. Four…
Apr 2
Supreme Court Continues to Push the Envelope for Merits Determination

Supreme Court Continues to Push the Envelope for Merits Determination

The Supreme Court’s 5-4 decision last week to overturn the certification of a class of cable television subscribers is extraordinary—not because it continues the Court’s exhortations to lower courts to make merits…

Rank this Week: 4817

Class Action Fairness Act Blog

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

http://www.cafalawblog.com/

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

A Defendant's Subjective Belief Does Not Trigger Removal

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

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

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

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

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

Rank this Week: 293

ClassActionBlawg.com

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

http://classactionblawg.com

May 14
Class Action CLE Recap – Insights on the 2012-13 Supreme Court Term from the Bench and Both Sides of the Bar

Class Action CLE Recap – Insights on the 2012-13 Supreme Court Term from the Bench and Both Sides of the Bar

The Class Actions, Mass Torts and Derivative Suits Subcommittee of the Colorado Bar Association, now ably chaired by my BakerHostetler partner, Casie Collignon, held its first CLE luncheon of the year this past…
May 10
Where’s Your Class Action Insurance Policy?

Where’s Your Class Action Insurance Policy?

An article posted by my colleagues Judy Selby and Zack Rosenberg in the BakerHostetler Class Action Lawsuit Defense Blog raises some important issues for any company that could find itself the target of a class action lawsuit. With the…
Apr 24
Will Recent Supreme Court Decision “Clap Off” the Lights on Data Breach Class Actions?

Will Recent Supreme Court Decision “Clap Off” the Lights on Data Breach Class Actions?

Data breach cases are popular targets for class actions these days because a single incident of hacking or theft can expose the sensitive personal or financial information of millions of people at a time. …

Rank this Week: 1102

Colorado Business Litigation…

Colorado Business Litigation Lawyer Blog

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

http://www.coloradobusinesslitigationlawyerblog.com/

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

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

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

Patent Trolls - No Longer Hiding Under the Bridge

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

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

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

Rank this Week: 2270

Conflict of Laws .net

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

http://conflictoflaws.net

May 24
Science Po PILAGG Workshop Series Final Conference 2013

Science Po PILAGG Workshop Series Final Conference 2013

The Law School of the Paris Institute of Political Science (Sciences Po) will hold the final meeting of its workshop series for this academic year on Private International Law as Global Governance on May 31st, 2013. This day long conference…
May 22
First Issue of 2013’s Rivista di diritto internazionale privato e processuale

First Issue of 2013’s Rivista di diritto internazionale privato e processuale

(I am grateful to Prof. Francesca Villata – University of Milan – for the following presentation of the latest issue of the RDIPP) The first issue of 2013 of the Rivista di diritto internazionale privato e processuale (RDIPP,…
May 20
Liber Amicorum Alegría Borrá

Liber Amicorum Alegría Borrá

On the occasion of the retirement of Prof. Alegría Borrás a collective book entitled “Entre Bruselas y La Haya. Estudios sobre la unificación internacional y regional del Derecho internacional privado. Liber…

Rank this Week: 208

Construction Litigation Law Blog

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

http://blog.njeifs.com/

Nov 12
Recovering Damages Under the Statute of Repose

Recovering Damages Under the Statute of Repose

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

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

The doctrine of equitable estoppel prevents a defendant from asserting the statute of limitations as a defense when the defendant has engaged in conduct that was calculated to mislead the plaintiff into believing that it was unnecessary to…
Oct 29
How Transition Affects the Statute of Limitations Analysi

How Transition Affects the Statute of Limitations Analysi

Rank this Week: 1008

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

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

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

Apr 29
Advertisers Expanding Case Against News America to Become a Class Action

Advertisers Expanding Case Against News America to Become a Class Action

An antitrust lawsuit brought by Dial Corporation and Heinz against News America Marketing is being expanded to include as Plaintiffs a proposed class of all domestic entities that purchased in-store promotions from News America. Last…
Dec 27
Dial Corp. Sues News America Marketing for Monopolization and Tying

Dial Corp. Sues News America Marketing for Monopolization and Tying

Last week, Dial Corporation filed suit against News America Marketing for monopolizing the market for in-store advertising and free-standing inserts (“FSIs”) and engaging in unlawful tying in violation of the antitrust laws. In…
Feb 5
Discovery Sanctions Ordered Against Delta Air Line

Discovery Sanctions Ordered Against Delta Air Line

On Friday, the Northern District of Georgia ordered that sanctions be imposed against Delta Air Lines, Inc. (“Delta”) for its discovery misconduct, awarding Plaintiffs certain fees and expenses related to Delta’s failure to timely…

Rank this Week: 729

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/

Apr 9
Managing Exhibits in Trial

Managing Exhibits in Trial

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

Using Deposition Video in Trial

There are several ways in which deposition video designations may be used in trial. The first and perhaps most frequently used technique would be using it for impeachment purposes. When compared with reading back some testimony of a solid…
Feb 13
What’s Up with Trial Technology? CourtLogger, JuryPad, LinkedIn, LegalTech, MyLegal

What’s Up with Trial Technology? CourtLogger, JuryPad, LinkedIn, LegalTech, MyLegal

Here are several recent items of interest to attorneys, paralegals, and other legal professionals. LegalTech 2013 has just wrapped up, and attendees say this year was as good as ever. The Law Technology Newssite is currently filled with…

Rank this Week: 3869

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