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352nd District Court

352nd District Court

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

http://352nddistrictcourt.wordpress.com/
  • Feb 25

    2008 – The Tragic Mother and Child Reunion

    2008 – The Tragic Mother and Child Reunion
    The plaintiff’s attorney began the Original Petition for his client with this succinct statement: ”This is a case of great sadness, high emotion and the need for precise and immediate action by the Court.” 
  • Feb 25

    2008 – The Tragic Mother and Child Reunion

    2008 – The Tragic Mother and Child Reunion
    The plaintiff’s attorney began the Original Petition for his client with this succinct statement: “This is a case of great sadness, high emotion and the need for precise and immediate action by the Court.”  On…
  • Dec 11

    2011 – Death and Taxes … and Chicken

    2011 – Death and Taxes … and Chicken
    The sole issue in this case was at what point in the life of a chicken does the chicken lose its tax-exempt status as poultry? When this lawsuit was filed in 2011, Pilgrim’s Pride was the second-largest chicken producer in the world.  A…
Rank this Week: 2934

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: 2527

A Winning Tip

A Winning Tip

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

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

    Connect to Jurors With the Specificity of “Who”

    Connect to Jurors With the Specificity of “Who”
    You must connect with jurors if they are to find you convincing and persuasive. One of the prime often most neglected ways to connect effectively with jurors is to get them up to speed with the “Who” in the case early on. Jurors…
  • Mar 30

    Handle Your Challenging CEO Client Successfully with “Yes, and”

    Handle Your Challenging CEO Client Successfully with “Yes, and”
    Successful CEOs, entrepreneurs and surgeons (among others) can be difficult clients. Their very success misleads them too often into believing they know everything about how to be successful in their legal matter. Which usually involves their…
  • Feb 29

    Simple Words That Win With Jurors: "Thank you, Your Honor"

    Simple Words That Win With Jurors: "Thank you, Your Honor"
    I was assisting with voir dire recently when opposing counsel, questioning the prospective jurors, was told by the judge to "Move along, counselor," to which the attorney replied, "But Your Honor…" I barely listened to the rest of what…
Rank this Week: 4479

Accessibility Defense

Accessibility Defense

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

http://accessdefense.com
  • May 29

    “Cheap standing” under the ADA: district courts push back.

    “Cheap standing” under the ADA: district courts push back.
    ADA serial litigation is possible only because of a judicially created doctrine of cheap standing. What do I mean by cheap standing? Standing that can be obtained at minimal expense and inconvenience. Serial litigation is economically…
  • May 27

    The Economist covers serial ADA litigation – Hunt quoted.

    The Economist covers serial ADA litigation – Hunt quoted.
    This is a bit of tooting our own horn. In an article published in the May 28 edition of The Economist, and available on-line at the following link (“Frequent Filers”) Richard is quoted concerning the serial litigation epidemic.…
  • May 23

    New or newish? Just what is “first occupancy” under the FHA?

    New or newish? Just what is “first occupancy” under the FHA?
    Guidance from HUD and DOJ is nice to have, but ultimately the courts are responsible for deciding what the Fair Housing Act means. In Fair Hous. Rights Ctr. in Se. Pennsylvania v. Post Goldtex GP, LLC, 2016 WL 2865733…
Rank this Week: 1968

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: 4003

Alabama Litigation Review

Alabama Litigation Review

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

http://www.alabamalitigationreview.com
  • May 19

    How Lawyers Ruined The Grand Bargain

    How Lawyers Ruined The Grand Bargain
    I recently finished a workers’ compensation trial in a small north Alabama county. The trial took just one day. It was a straightforward case. The issue was simple — how disabled was my client. In my law practice, I have…
  • May 5

    Workplace Safety — Is It A Priority?

    Workplace Safety — Is It A Priority?
    A couple years ago, the Discovery Channel’s Mike Rowe set off a firestorm of commentary on the role of safety in the workplace. Rowe stars in the Discovery Channel show Dirty Jobs. Following one episode a viewer called him out for not…
  • Mar 3

    Are Workers’ Compensation Opt-Out Systems Constitutional?

    Are Workers’ Compensation Opt-Out Systems Constitutional?
    Regular readers of this blog know my feelings about workers’ compensation — The system is already unfair to injured workers. That’s why my law firm philosophy in workers’ compensation cases is to fight hard so our…
Rank this Week: 1077

Alaska Law Blawg

Alaska Law Blawg

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

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

    Alaska Bar Assoc. — Bankruptcy Section

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

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

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

    Alaska Usury Interest Rule

    Alaska Usury Interest Rule
    By: Clayton Walker Has your lender violated Alaska usury laws?  Have you paid more than 10.5% interest on loans larger than $25,000.00? Are the loans from a person or non-bank? Do you still owe or have you paid any interest in the past…
Rank this Week: 1920

Alaska Law Blog

Alaska Law Blog

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

http://www.alaskalawblog.com/
  • Feb 17

    Mr. O'Donnell Successfully Defends Alaska Bar Association Counsel

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

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

    Mr. O'Donnell inducted into the American College of Trial Lawyer
    Mr. O'Donnell recently received the honor of being one of the few Alaska attorneys inducted as a Fellow in the American College of Trial Lawyers. "The American College of Trial Lawyers, founded in 1950, recognizes the very best trial…
  • 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…
Rank this Week: 1478

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: 1384

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/
  • Apr 7

    What's in a name

    What's in a name
    On March 31, George Mason University School of Law announced that it will be renamed in honor of the late Justice Antonin Scalia. According to a recent article in The National Law Journal by Tony Mauro, the announcement of the...
  • Mar 31

    Short Article on Appellate Advocacy - ABA Student Lawyer Magazine

    Short Article on Appellate Advocacy - ABA Student Lawyer Magazine
    At the risk of shameful self-promotion, and fully aware that there are thousands of articles and blog posts out there providing advice on appellate advocacy practices, I thought readers here might enjoy a short article that I authored and…
  • Feb 14

    The Impact of Justice Scalia's Death on the Court and the Country

    The Impact of Justice Scalia's Death on the Court and the Country
    As Jennifer has noted in her earlier post, yesterday our country lost a legal giant. Regardless of what one thinks of the substance of Justice Scalia's opinions, it is undeniable that he was a brilliant man who made a huge...
Rank this Week: 2166

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: 2702

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: 1607

Asset Search Blog

Asset Search Blog

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

http://www.assetsearchblog.com/
  • May 22

    Hiding Cash By Structuring Bank Deposit

    Hiding Cash By Structuring Bank Deposit
    In some situations, the transfer of large sums of cash is a red flag that assets have been hidden by money laundering. Government authorities therefore require banks to report their customers who transfer or exchange large sums of cash.…
  • May 11

    Wire Fraud, Bribery & A Private Investigation

    Wire Fraud, Bribery & A Private Investigation
    This is the 10th post in my series about what private investigators can and cannot do legally when searching for assets. The post discusses “K.C.” who was defrauded out of at least $500,000.00 by Patricia Walker-Halstead, a…
  • May 4

    Divorce & Hidden Money: Panama Charly & Helga Glock’s Search For Asset

    Divorce & Hidden Money: Panama Charly & Helga Glock’s Search For Asset
    Moneylaundering.com’s Editor-in-Chief Kieran Beer says at his April 11th article, that the Panama Papers represent “an unparalleled look at the…abuse of shell companies, in this case those created by Panama-based law…
Rank this Week: 97

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: 3460

Attorney R. Tamara de Silva's…

Attorney R. Tamara de Silva's Blawg

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

http://www.desilvalawoffices.com/Chicago-Litigation.aspx
Rank this Week: 2856

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: 2551

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: 4811

Beyond Structured Settlements

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/
  • May 18

    S2P2J Release 59

    S2P2J Release 59
    Despite historically low interest rates and negative PR (most recently this Washington Post Editorial) resulting from the unconscionable business practices of some secondary market companies, the primary structured settlement market continues…
  • Apr 16

    NSSTA 2016 Annual Conference

    NSSTA 2016 Annual Conference
    Len Blonder is a structured settlement pioneer now beginning an unprecedented third term as President of the National Structured Settlement Trade Association (NSSTA). It may seem counterintuitive, therefore, or perhaps wishful thinking, but…
  • Apr 4

    Patrick Williams Interview

    Patrick Williams Interview
    As the National Structured Settlement Trade Association (NSSTA) prepares for its 2016 Annual Meeting this week in Palm Beach Gardens, Florida, the primary structured settlement market faces many challenges - perhaps none greater than…
Rank this Week: 182

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: 2560

Blawgletter

Blawgletter

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

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

    Join The Contingency

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

    Blawgletter® Has Moved!

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

    DNA and Pricing Patents Fall to Mayo and Alice

    DNA and Pricing Patents Fall to Mayo and Alice
    Unpatentable subject matter A pair of Federal Circuit opinions last week rejected patents involving patent-ineligible subject matter. What does that include, you ask? As Blawgletter noted last year in "You Still Can't Patent Ideas":…
Rank this Week: 2456

Boston Lawyer Blog

Boston Lawyer Blog

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

http://www.bostonlawyerblog.com/
Rank this Week: 2664

Business Litigation Info

Business Litigation Info

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

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

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

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

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

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

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

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 3009

California Business Litigation…

California Business Litigation Attorney Blog

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

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

    What You Should Know About Airbnb and VRBO

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

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

    Hiring a Contractor: What you Need to Know About California Residential Remodeling and Construction Contract
    No matter where in Southern California you live, and no matter how long ago your home was built, remodeling and making improvements to your home is a generally a good idea. Whether you are knocking out a non-structural wall to create more…
  • Jun 22

    How to Put a Lis Pendens On a California Property

    How to Put a Lis Pendens On a California Property
    I often get calls from clients who are looking for a real estate lawyer to put a lis pendens on someone’s real property. I then explain to them that they must file a lawsuit to do this and they are surprised. A lis pendens literally…
Rank this Week: 3568

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 27

    A Memorial Day Message: Pause to Remember and Honor America's Fallen

    A Memorial Day Message: Pause to Remember and Honor America's Fallen
    Pausing to remember and honor America’s fallen service members is a practice dating back more than 100 years. Since the days of the Civil War, humble Americans have gathered together on Memorial Day to remember and pay tribute to all…
  • May 20

    Female Bank of America Executive Files Discrimination Lawsuit

    Female Bank of America Executive Files Discrimination Lawsuit
    Megan Messina, a 42 year-old executive at Bank of America, is suing her employer for gender discrimination and whistleblower retaliation. The complaint was filed in a Manhattan federal court in May of 2016. Messina began working at Bank of…
  • May 13

    Facebook Sued Over Sending Unsolicited Text Message

    Facebook Sued Over Sending Unsolicited Text Message
    Facebook is facing a federal lawsuit based on their practice of sending text messages to people who have been given recycled cell phone numbers. Washington, D.C. resident Christine Holt is not a Facebook member. Nonetheless, when she got a…
Rank this Week: 1346

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: 1638

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: 4534

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 63

CEB blog

CEB blog

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

http://blog.ceb.com
  • May 27

    Getting Your Client Ready for Deposition

    Getting Your Client Ready for Deposition
    For most clients, being questioned in a deposition is a new and frightening experience. The more you can do to prepare your client, the better he or she will feel and perform. When it comes to instructing your client on how to respond to…
  • May 25

    Voir Dire: Your First Chance to Make a Good Impression

    Voir Dire: Your First Chance to Make a Good Impression
    Some attorneys erroneously think of their opening statement as the first opportunity to present themselves to the jury. In reality, the jurors will begin getting an impression of you—and by extension, your case—as soon as you…
  • May 23

    Spouses in the Workplace: Allow or Prohibit?

    Spouses in the Workplace: Allow or Prohibit?
    Employers often face the issue of whether to allow spouses or other family members to work together. Regardless the side the employer falls on, there is potential liability lurking. A policy that allows the hiring of spouses or family members…
Rank this Week: 1164

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: 1542

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 24

    No Reasonable Construction Would Save Plaintiff’s Patent Infringement Claim

    No Reasonable Construction Would Save Plaintiff’s Patent Infringement Claim
    Nalco Co. v. Chem-Mod, LLC, No. 14 C 2510, Slip Op. (N.D. Ill. Oct. 15, 2015) (Darrah, J.). Judge Darrah granted defendants’ motion to dismiss defendants’ motion to dismiss plaintiff Nalco’s Third Amended Complaint pursuant…
  • Feb 22

    Counterfeit Sales Warrant Statutory Damages, Permanent Injunction and Attorney’s Fee

    Counterfeit Sales Warrant Statutory Damages, Permanent Injunction and Attorney’s Fee
    Bulgari, S.P.A. V. Zou Xiaohong, No. 15 C 5148, Slip Op. (N.D. Ill. Oct. 15, 2015) (Coleman, J.). Judge Coleman granted in part plaintiff Bulgari’s motion for summary judgment of trademark infringement, a permanent injunction and its…
  • Feb 19

    Design Patent Functionality Decision is a Question of Law

    Design Patent Functionality Decision is a Question of Law
    Dyson, Inc. v. SharkNinja Operating LLC, No. 14 C 779, Slip Op. (N.D. Ill. Nov. 17, 2015) (Darrah, J.). Judge Darrah denied defendants’ (collectively “SharkNinja”) motion for reconsideration of the Court’s denial of…
Rank this Week: 367

Chicago Law Source

Chicago Law Source

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

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

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

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

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

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

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

    Stop Arguing With Pigeons! How Dealing With Self-Represented or Being Self Represented Can be Disaster
    Hi All!  Happy Late-Winter (or just not snowing) as they say in Chicago!  I've missed you and been so busy that I haven't had much time to write.  However, what has been plaguing me is something I decided to write about today.  That is:…
Rank this Week: 3979

Chicago Trial Attorney Blog

Chicago Trial Attorney Blog

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

http://www.counseloroffices.net/
  • Apr 20

    Piercing Corporate Veils / Alter Ego - Business Litigation

    Piercing Corporate Veils / Alter Ego - Business Litigation
    "Piercing a corporate veil" means an individual can be personally liable in certain situations. Courts apply this equitable remedy to avoid improper use of corporate laws meant to shield innocent shareholders and to promote justice. The…
  • Apr 20

    Nursing Home Abuse & Neglect - Growing Elderly Population

    Nursing Home Abuse & Neglect - Growing Elderly Population
    Our elderly population is clearly growing which directly correlates to more of our loved ones in nursing homes or similar facilities. Often an elderly person - our loved ones - are like children who need care and help with the most basic…
  • Apr 1

    Workers Compensation War!

    Workers Compensation War!
    Shockingly, States are trying to "dismantle" the workers compensation system. Little do you pay attention to such laws until you get hurt at work and start the downward financial (and health) spiral because some insurance company won't pay…
Rank this Week: 4301

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/
  • May 27

    Forced Individual Arbitration of Wage-and-Hour Claims Violates NLRA

    Forced Individual Arbitration of Wage-and-Hour Claims Violates NLRA
    The Seventh Circuit Court of Appeals, in an opinion by Judge Diane Wood, held that forcing an employee to agree to bring any wage-and-hour claim through individual arbitration violated the National Labor Relations Act. Lewis v. Epic Systems…
  • May 25

    Goings-On in the Committee that Never Sleeps (a/k/a the Civil Rules Advisory Committee)

    Goings-On in the Committee that Never Sleeps (a/k/a the Civil Rules Advisory Committee)
    The indefatigable Advisory Committee on Civil Rules met on April 14, 2016 and prepared a report to the Committee on Rules of Practice and Procedure (the Standing Committee), which will meet June 6-7, 2016. The report begins at page 251...
  • May 18

    SCOTUS Vacates Ninth Circuit in Spokeo, Remands for New “Concreteness” Inquiry

    SCOTUS Vacates Ninth Circuit in Spokeo, Remands for New “Concreteness” Inquiry
    The Supreme Court issued Spokeo, Inc. v. Robins, No. 13-1339, earlier this week. In a majority opinion unlikely to make anyone happy, the Court vacated the Ninth Circuit’s decision, which held that Robins had adequately alleged Article III…
Rank this Week: 354

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: 4882

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: 1687

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: 2677

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: 3636

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/
  • Feb 9

    A Noteworthy Event – March 17-18, 2016

    A Noteworthy Event – March 17-18, 2016
    Retail data breaches continue to evolve and bring new litigation and trends in the Data Breach and Privacy Litigation context. Business to business claims, vendor lawsuits, litigation between issuing banks and retailers post-breach, the…
  • Jan 29

    Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court

    Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court
    Robertson v Exxon Mobil Corp., 2015 WL 9592499 (5th Cir. Dec. 31, 2015). In a personal injury and a property damage action, the Fifth Circuit reversed the district court’s order remanding the action finding that the defendants had by…
  • Jan 13

    Fifth Circuit weighs in on ambiguous class definition

    Fifth Circuit weighs in on ambiguous class definition
    Arbuckle Mountain Ranch of Texas Inc v Chesapeake Energy Corporation, Case No. 15-10955, 2016 WL 98128 (5th Cir. Jan 7, 2016). In a 2-1 decision, the Fifth Circuit examined an ambiguous complaint suggesting two class definitions, (one a…
Rank this Week: 74

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 520

Conflict of Laws .net

Conflict of Laws .net

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

http://conflictoflaws.net
  • May 29

    General Principles of European Private International Law (book)

    General Principles of European Private International Law (book)
    Many thanks to Dr Eva Lein, Herbert Smith Freehills Senior Research Fellow in Private International Law, British Institute of International and Comparative Law, who has shared this information and provided the link below.  Are there…
  • May 28

    The Proposed Revision of the Posting Directive (paper)

    The Proposed Revision of the Posting Directive (paper)
    Veerle Van Den Eeckhout has written a working paper version of an article on the Proposed  Revision of the Posting Directive.  The working paper, in Dutch, is entitled “Toepasselijk arbeidsrecht bij…
  • May 27

    Out now: Matthias Weller (ed.), Europäisches Kollisionsrecht (2016)

    Out now: Matthias Weller (ed.), Europäisches Kollisionsrecht (2016)
    Professor Dr. Matthias Weller, European Business Law School-University of Wiesbaden (Germany), has edited and co-authored a new volume on European Conflict of Laws (in German): Europäisches Kollisionsrecht (Nomos; Baden-Baden, 2016). The…
Rank this Week: 22

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

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

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 1442

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/
  • May 14

    Clinton or Trump? Vote for Litigation-Tech!

    Clinton or Trump? Vote for Litigation-Tech!
    The Recorder's Best of 2016 voting is now open, which is your opportunity to vote for the best of the best of the firms serving the California legal community. As an award winner for several years, we would greatly appreciate your vote…
  • Apr 7

    M. Gerald Schwartzbach - In the House

    M. Gerald Schwartzbach - In the House
    I know it's short notice, but I wanted to quickly share that Gerry Schwartzbach will be at the Los Angeles Times Book Festival this Sunday, April 10, discussing his new book, "Leaning on the Arc." As you may know, Gerry and I have worked…
  • Mar 3

    LinkedIn With Donald Trump! (Legal Ethics)

    LinkedIn With Donald Trump! (Legal Ethics)
    Donald Trump loves me! It is certainly clear that he can spot a winner – a leader in the profession, at the top of their game. I'm sure that describes me, and must be why he has requested to join my massive and influential LinkedIn…
Rank this Week: 3114

David F. Sugarman

David F. Sugarman

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

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

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

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

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

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

    Oregon Qarmat Ali vets’ case against KBR headed to trial

    Oregon Qarmat Ali vets’ case against KBR headed to trial
    Today, Judge Papak issued another summary judgment opinion denying KBR’s motions for summary judgment on fraud and negligence. Here is a PDF copy: 512 – opinion & order – fraud and neglig It’s a long opinion, but it provides a really…
Rank this Week: 4135

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • May 20

    No Causation Found For Plaintiff Injured by Dorm Fire Alarm

    No Causation Found For Plaintiff Injured by Dorm Fire Alarm
    In Crutchfield v. State, No. M2015-01199-COA-R3-CV (Tenn. Ct. App. April 18, 2016), plaintiff sued the State for alleged negligence regarding a fire alarm in her college dorm room at Tennessee Technological University (TTU), a state…
  • May 18

    Refusal to Strike HCLA Expert Affirmed

    Refusal to Strike HCLA Expert Affirmed
    In Bogle v. Nighthawk Radiology Services, LLC, No. M2014-01933-COA-R3-CV (Tenn. Ct. App. April 6, 2016), the dispositive issue was whether the trial court should have stricken defendant’s expert testimony in a health care liability case…
  • May 11

    Summary Judgment Reversed in Legal Malpractice Case

    Summary Judgment Reversed in Legal Malpractice Case
    In Roberts v. Ray, No. E2015-01522-COA-R3-CV (Tenn. Ct. App. April 13, 2016), the Court of Appeals reversed summary judgment on a legal malpractice claim, finding that there were genuine issues of material fact in the case. Plaintiff’s…
Rank this Week: 254

Deal Law Wire

Deal Law Wire

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

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

    M&A trends update

    M&A trends update
    Earlier this month, we reported on the slow-down of M&A activity in the first quarter of 2016. Despite this challenging start to the year, a new report from Deloitte & Touche LLP entitled “M&A Trends Report 2016” found…
  • May 25

    Aerospace and defense M&A reaches new heights in 2016

    Aerospace and defense M&A reaches new heights in 2016
    We told you in March of last year that aerospace and defense M&A activity had rebounded after a pullback in 2013. In July, we reported that M&A activity in the aviation and aerospace sectors was strong. Now, PwC’s Mission…
  • May 19

    Looking outward for opportunity: China’s M&A activity swells amidst economic downturn

    Looking outward for opportunity: China’s M&A activity swells amidst economic downturn
    On January 27, 2016, we posted a blog entry on China’s economic outlook. At that time, newly released figures showed that China’s GDP had fallen below the Chinese government’s target of 7% in the final two quarters of 2015.…
Rank this Week: 1736