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SCOTUSblog

SCOTUSblog

Covers the Supreme Court of the United States. By Bloomberg Law.

http://www.scotusblog.com/
  • Feb 20

    Petition of the day

    Petition of the day
    The petition of the day is: Butka v. Sessions 16-790 Issue: Whether the U.S. Court of Appeals for the 11th Circuit erred in this case by holding that it had no jurisdiction to review the denial of a motion to reopen by the Board of…
  • Feb 19

    This week at the court

    This week at the court
    We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday at 10 a.m. The court will also hear oral arguments on Tuesday and Wednesday, beginning at 10 a.m. each day. The calendar…
  • Feb 17

    Petition of the day

    Petition of the day
    The petition of the day is: Merit Management Group, LP v. FTI Consulting, Inc. 16-784 Issue: Whether the safe harbor of Section 546(e) of the Bankruptcy Code prohibits avoidance of a transfer made by or to a financial institution,…
Rank this Week: 10

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 12

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
  • Feb 20

    Coming soon: “Conflict of Laws – A Comparative Approach” by Gilles Cuniberti

    Coming soon: “Conflict of Laws – A Comparative Approach” by Gilles Cuniberti
    Professor Gilles Cuniberti (University of Luxembourg) has authored a casebook entitled “Conflict of Laws – A Comparative Approach” which will be released this month by Edward Elgar Publishing. The official abstract kindly…
  • Feb 18

    FOREIGN DIRECT INVESTMENT & THE RULE OF LAW: Call for proposal

    FOREIGN DIRECT INVESTMENT & THE RULE OF LAW: Call for proposal
     CALL FOR PROPOSALS FOR A SPECIAL ISSUE OF ACTA JURIDICA The Acta Juridica invites proposals for its special issue: Foreign Direct Investment (FDI) & The Rule of Law. Contributors will be invited to attend a Colloquium to be held in…
  • Feb 17

    Eleventh José María Cervelló Business Law Prize – Essays on Brexit

    Eleventh José María Cervelló Business Law Prize – Essays on Brexit
    The José María Cervelló Chair of IE Law School and the ONTIER law firm announce the “Eleventh José María Cervelló Busines Law Prize”. The main purpose of the Prize is to promote legal…
Rank this Week: 31

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 20

    Estimation Of Potential Damages From The Complaint’s Allegations Is Acceptable For Establishing CAFA’s Amount In Controversy

    Estimation Of Potential Damages From The Complaint’s Allegations Is Acceptable For Establishing CAFA’s Amount In Controversy
    Heather v Air Methods Corporation, 2016 WL 7109675 (W.D. Okla. Dec. 6, 2016). The Western District of Oklahoma found that a defendant may rely on an estimate of the potential damages from the allegations in the complaint in order to meet…
  • Feb 17

    Class Actions In ‘Substance’ Fall Within the Ambit of CAFA

    Class Actions In ‘Substance’ Fall Within the Ambit of CAFA
    Barbara Williams v. Employers Mutual Casualty Company et al., 2017 WL 117148 (8th Cir. 2017). In affirming the judgment of a District Court’s order denying plaintiff’s motion to remand, the Eighth Circuit found that an equitable…
  • Feb 16

    CAFA Does Not Trump Valid Forum Selection Clause

    CAFA Does Not Trump Valid Forum Selection Clause
    Bartels v. Saber Healthcare Group, LLC, 2016 WL 6237811 (E.D.N.C. Oct. 25, 2016) A District Court in North Carolina remanded this putative class action after finding a forum selection clause, which limited venue to a geographic location that…
Rank this Week: 45

Information Governance Engagement…

Information Governance Engagement Area

Established with the goal of aggregating key compliance and electronic discovery news for further review, study, and consideration by legal and corporate professionals. By Rob Robinson.

http://infogovernance.blogspot.com/
  • Apr 1

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com
    Effective April 1, 2015, the Information Governance Engagement Area blog will no longer be updated on a regular basis.  New content ranging from news and events to opinions and assertions will now be available exclusively on the…
  • Mar 31

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix
    By John MartinDocuments in file shares, content management systems, and scanned archives are often described as “unstructured.” However, there is typically a high level of structure in and interconnectedness among those documents.…
  • Mar 30

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR
    By John TredennickTechnology assisted review has a transparency problem. Notwithstanding TAR’s proven savings in both time and review costs, many attorneys hesitate to use it because courts require “transparency” in the TAR…
Rank this Week: 52

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Feb 20

    Maury County Fall Down Case Falls Down. Hard.

    Maury County Fall Down Case Falls Down. Hard.
    Not every fall results in a successful premises liability case, as the plaintiffs in a recent Tennessee Court of Appeals case were reminded. In Woodgett v. Vaughan, No. M2016-00250-COA-R3-CV (Tenn. Ct. App. Dec. 13, 2016), plaintiff filed…
  • Feb 15

    Exclusion of Expert Testimony Reversed – New Trial Ordered

    Exclusion of Expert Testimony Reversed – New Trial Ordered
    In Holmes v. Christ Community Health Services, Inc., No. W2016-00207-COA-R3-CV (Tenn. Ct. App. Nov. 29, 2016), the Court of Appeals overturned the exclusion of expert testimony in an HCLA case. In 2004, plaintiff fell and hurt her right…
  • Feb 14

    Tennessee’s “Rule of Sevens” Applied to Dismiss Case

    Tennessee’s “Rule of Sevens” Applied to Dismiss Case
    Citing the Rule of Sevens, the Court of Appeals recently affirmed a finding that a 13-year-old was solely responsible for his injury when he fell on the bleachers at his school. In Crockett v. Sumner County Board of Educ., No.…
Rank this Week: 88

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
  • Feb 1

    New Jersey federal jury awards $50 million in punitive damages against Lockheed Martin

    New Jersey federal jury awards $50 million in punitive damages against Lockheed Martin
    A few days ago, Law.com reported that a jury in federal district court in New Jersey has awarded $1.5 million in compensatory damages and $50 million in punitive damages in an age discrimination suit against Lockheed Martin. The article…
  • Jan 31

    Montana House moves to tighten limits on punitive damage

    Montana House moves to tighten limits on punitive damage
    Insurance Journal reports that the Montana House voted last week 60-40 to further tighten that state's legislative cap on punitive damages.  Under existing Montana law, punitive damages are capped at the lesser of $10 million or 3…
  • Jan 27

    Punitive damages for IP suits in the EU?

    Punitive damages for IP suits in the EU?
    European courts are generally not fans of American-style punitive damages, as we have noted.  But the World Intellectual Property Review has an interesting article about a recent decision from the Court of Justice of the European Union:…
Rank this Week: 83

White Collar Defense and…

White Collar Defense and Compliance

Covers developments in criminal law, federal case law, and statutes. Published by Alan Leibman of Fox Rothschild.

http://whitecollarcrime.foxrothschild.com/
  • Apr 8

    See you on LinkedIn

    See you on LinkedIn
    Alain Leibman writes: We have endeavored from the outset of this blog to offer thoughtful, possibly useful, and occasionally provocative analyses of developments in the criminal law, a time-intensive effort.  Regrettably, a busy workload…
  • Mar 18

    Does your Third Circuit judge vote as a “conservative, moderate, or liberal”?

    Does your Third Circuit judge vote as a “conservative, moderate, or liberal”?
    Alain Leibman writes: Matthew Stiegler, a Philadelphia attorney, has a terrific blog dedicated to reporting on, and thoughtfully analyzing, developments in the Third Circuit Court of Appeals, called the CA3blog.  Matthew has written a…
  • Jan 30

    Third Circuit Opinion Cites Alain Leibman’s Fox WC Blog Entry

    Third Circuit Opinion Cites Alain Leibman’s Fox WC Blog Entry
    Alain Leibman writes: Those of you who follow, or at least sporadically read, this blog know that it attempts to treat in a considered way important issues facing the white collar bar and our clients.  Still, like any blog, it exists…
Rank this Week: 109

Workplace Class Action Blog

Workplace Class Action Blog

Covers class action litigation issues, including class certification, discovery and defense strategies. By Seyfarth Shaw LLP.

http://www.workplaceclassaction.com/
Rank this Week: 214

Litigation and Trial

Litigation and Trial

Covers topics related to civil litigation. By Maxwell S. Kennerly.

http://www.litigationandtrial.com/
  • Feb 16

    HR 985: A Sneak Attack On Veterans, Consumers, and Patient

    HR 985: A Sneak Attack On Veterans, Consumers, and Patient
    Without even holding a hearing, the House Judiciary Committee just passed a new bill (H.R. 985) that would make it far harder to sue large corporations when they cheat or hurt people. The vote was on party lines, with all Republicans voting…
  • Feb 8

    Rethinking Article III Standing Requirement

    Rethinking Article III Standing Requirement
    More than 2.6 million people tuned in to hear the Ninth Circuit’s oral argument in State of Washington, et al., vs. Donald Trump, President of the United States, et al, one of the cases challenging the Muslim refugee ban. It was a…
  • Jan 12

    Donald Trump And Honest Services Fraud

    Donald Trump And Honest Services Fraud
    LBJ gave up his radio stations. Jimmy Carter gave up his peanut farm. Untangling Donald Trump from his web of companies and interests is a bit more complicated.   Yesterday, a team of lawyers at Morgan Lewis released a “white…
Rank this Week: 181

Tennessee Defense Litigation

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/
Rank this Week: 228

Beyond Structured Settlements

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/
  • Feb 15

    S2P2J Release 61

    S2P2J Release 61
    The United States structured settlement industry has been in existence for more than 40 years and continues to expand its scope, complexity and importance within the context of personal injury settlement planning. The industry consists of…
  • Jan 18

    Interview with SSP President Joe Tomb

    Interview with SSP President Joe Tomb
    Joe Tombs is currently completing the first year of a two-year term as President of the Society of Settlement Planners (SSP). SSP's 2017 Annual Conference is scheduled for March 1-3 in Las Vegas. As Tombs prepares for this event, he...
  • Jan 16

    SSP President Responds to AIG Class Action Lawsuit

    SSP President Responds to AIG Class Action Lawsuit
    Based upon the history of the Society of Settlement Planners (SSP), and the role of Richard Risk (an SSP founder and member) as one of the plaintiff attorneys, structured settlement industry participants might assume that SSP, as an…
Rank this Week: 183

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 3

    Alice Dismissal, Without More, is Not Necessarily Exceptional

    Alice Dismissal, Without More, is Not Necessarily Exceptional
    O2 Media, LLC v. Narrative Science Inc., No. 15 C 5129, Slip Op. (N.D. Ill. Jan. 3, 2017) (Tharp, J.). Judge Tharp denied defendant Narrative Sciences’ 35 U. S.C. § 285 motion to make the case exceptional after using a motion to…
  • Feb 1

    One Plaintiff’s Copyright Claim Creates Supplemental Jurisdiction Over Other Plaintiff’s State Law Claim

    One Plaintiff’s Copyright Claim Creates Supplemental Jurisdiction Over Other Plaintiff’s State Law Claim
    Kosten v. Kosten, No. 16 C 6666, Slip Op. (N.D. Ill. Dec. 14, 2016) (Kennelly, J.). Judge Kennelly denied in part defendant’s Fed. R. Civ. P. 12(b) motion to dismiss plaintiff’s state law claims in this case involving copyright…
  • Jan 30

    Court Strikes Answer’s “Oxymoronic” Denial

    Court Strikes Answer’s “Oxymoronic” Denial
    Levi Strauss & Co., v. Zhejiang Weidu Co., Ltd., No. 16 C 7824, Slip Op. (N.D. Ill. Dec. 28, 2016) (Shadur, Sen. J.). Judge Shadur sua sponte struck defendant Yogeemall’s answer and affirmative defenses with leave to refile for the…
Rank this Week: 178

Minnesota Litigator

Minnesota Litigator

Covers legal developments for civil litigators in Minnesota. By Seth Leventhal.

http://www.minnesota-litigator.com/
  • Nov 14

    “A Question of Exceptional Importance”

    “A Question of Exceptional Importance”
    Update (November 14, 2014): Since my earlier post on Bruce Carneil Webster’s case, below (the death penalty case in which Dorsey & Whitney lawyers are fighting for Webster, a mentally retarded man on death row), Webster lost the…
  • Nov 13

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.
    Update (November 13, 2014): This endless case might be nearing its end, with the Minnesota Court of Appeals’ dramatic reduction in the trial court’s award of the victorious Plaintiff’s lawyers’ fees. We conclude…
  • Nov 12

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)
    Update (November 12, 2014): It seems with each filing (as described below) the news gets worse for defendant U.S. Sugar Company in this case, which appears to be about the defendant’s misfortune of buying sugar at historic high prices…
Rank this Week: 215

The Briefcase

The Briefcase

Comments on Ohio law with an emphasis on criminal law. By Russ Bensing.

http://www.briefcase8.com/
  • Feb 28

    Friday Roundup

    Friday Roundup
    Big news from SCOTUS.  Not really.  The Potamac Nine did come down with a decision in a criminal case, Fernandez v. California.  The Highly Abbreviated Version of What Went Down:  the cops arrested Fernandez at his home,…
  • Feb 27

    My latest experiences with the burning bush

    My latest experiences with the burning bush
    I do a lot of appeals -- over 150, my BFF Lexis tells me -- and I'm constantly amazed at how much I still learn.  I've had two recent epiphanies.  The first is that the best time to start practicing for oral argument is just before…
  • Feb 26

    An unlikely story

    An unlikely story
    Every trial is a story.  The prosecution has a story.  The defense has a story.  Oftentimes, the defense story is nothing more than that the prosecution hasn't proved their story beyond a reasonable doubt. The prosecution's…
Rank this Week: 175

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/
  • Feb 20

    Recent Cert Grants Now on SCOTUS Oral Argument Calendar

    Recent Cert Grants Now on SCOTUS Oral Argument Calendar
    Earlier we covered last month’s flurry of cert grants by the U.S. Supreme Court, including several cases raising interesting civil procedure and federal courts issues. Many of these, as well as some earlier cert grants, are now on the…
  • Feb 20

    Burch on MDL Monopolie

    Burch on MDL Monopolie
    Elizabeth Burch has recently published Monopolies in Multidistrict Litigation, 70 Vand. L. Rev. 67 (2017). Here’s the abstract: When transferee judges receive a multidistrict proceeding, they select a few lead plaintiffs’ lawyers to…
  • Feb 17

    Five Questionable Bills About Civil Lawsuits Pass House Judiciary Committee

    Five Questionable Bills About Civil Lawsuits Pass House Judiciary Committee
    Five bills that would generally operate to favor corporate defendants in civil lawsuits have passed the House Judiciary Committee with blinding speed and have been referred to the full House: Bill Title Original sponsor H.R. 985 Fairness in…
Rank this Week: 248

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
  • Feb 17

    How to Prepare a Trial Outline

    How to Prepare a Trial Outline
    Heading to trial? Start your planning by preparing a trial outline. Here are the key things to include and a sample outline to give you an idea how it looks. The basics for any trial outline are: A list of all essential elements of the case.…
  • Feb 15

    The Do’s and Don’ts of Cultivating Clients in the Marijuana Field

    The Do’s and Don’ts of Cultivating Clients in the Marijuana Field
    The following is a guest blog post by Allison B. Margolin, a partner at Margolin and Lawrence in Los Angeles. Ms. Margolin practices criminal defense and civil litigation in both state and federal court. California’s new law legalizing…
  • Feb 10

    Settling Employment Cases: Think Beyond Money

    Settling Employment Cases: Think Beyond Money
    When you’re negotiating settlement of an employment action, you have much more to consider than just “how much money.” There are many nonmonetary remedies that can—either alone or combined with money—bring the…
Rank this Week: 328

Expert Witness Blog

Expert Witness Blog

Covers Daubert, expert witness marketing, and expert witness testimony. By JurisPro Expert Witness Directory.

http://www.expertwitnessblog.com/
  • Feb 13

    Three Experts Allowed in Negligence Case

    Three Experts Allowed in Negligence Case
    Plaintiff sued defendant for negligence when a live electrical wire caused injury to their minor child.  The plaintiff hired three expert witnesses, which were challenged by defendant.  The court denied the motion to exclude. Facts:…
  • Feb 10

    Correctional Healthcare Expert Witness Testimony Allowed in Part

    Correctional Healthcare Expert Witness Testimony Allowed in Part
    The estate of man who died while in prison filed suit against the nurses and county.  The plaintiffs hired a correctional healthcare expert witness and the defendants filed a motion to exclude the testimony. Facts: This case (Lee v.…
  • Feb 8

    Three Experts Allowed in Case Involving Fire Causation

    Three Experts Allowed in Case Involving Fire Causation
    Plaintiff sued defendant for strict products liability and breach of implied warranties for a fire that broke out in plaintiff’s headquarters.  Plaintiff hires three experts to assist in their case and defendant filed motions to…
Rank this Week: 287

Federal Civil Practice Bulletin

Federal Civil Practice Bulletin

Covers federal civil practice and procedure. By Washington & Lee University School of Law, Professor A. Benjamin Spencer.

http://federalcivilpracticebulletin.blogspot.com/
Rank this Week: 286

Legally Speaking Ohio

Legally Speaking Ohio

Provides commentary and analysis on cases going in front of the Supreme Court of Ohio. By Marianna Bettman.

http://www.legallyspeakingohio.com
Rank this Week: 366

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Feb 20

    In My Opinion: My Review of "The Good Fight" Premiere

    In My Opinion: My Review of "The Good Fight" Premiere
    Early in the first episode of "The Good Fight," Maia Rindell (Rose Leslie) asks Diane Lockhart (Christine Baranski), "Are we on the right side of this?" The two are defending Cook County in a lawsuit alleging police…
  • Feb 17

    Article of Interest: Julia Simon-Kerr's "Credibility by Proxy"

    Article of Interest: Julia Simon-Kerr's "Credibility by Proxy"
    Back in November 2014, Julia Simon-Kerr, an Associate Professor at the University of Connecticut School of Law, did a series of guest posts on this blog (see here). Those posts were about one of my favorite subjects covered by the...
  • Feb 9

    My Short Podcast on the Court of Appeals of Maryland's Landmark Bail Ruling

    My Short Podcast on the Court of Appeals of Maryland's Landmark Bail Ruling
    I did a short podcast about the Court of Appeals of Maryland's landmark bail ruling: [Note: To prevent the audio from glitching, you'll have to right click on the link below and download or open it in iTunes.] Download Maryland...
Rank this Week: 458

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/
  • Feb 20

    The Role of “Good Prosecutors” in Advancing Access to Criminal Justice

    The Role of “Good Prosecutors” in Advancing Access to Criminal Justice
    Bruce A. Green, Access to Criminal Justice: Where Are the Prosecutors? 3 Tex. A&M L. Rev. 515 (2016).Susan FortneyJurisdictions around the world have adopted “access to justice” as an objective for regulation of the legal…
  • Feb 17

    Smart Rules for Smart Contract

    Smart Rules for Smart Contract
    Lauren Henry Scholz, Algorithmic Contracts, Stan. Tech. L. Rev. (forthcoming 2017), available at SSRN.Martha ErtmanMost law students are digital natives who have been using computers since grade school, while I, a baby boomer, remain an…
  • Feb 16

    Breaking News: New Form of Superior Agency Guidance Discovered Hiding in Plain Sight

    Breaking News: New Form of Superior Agency Guidance Discovered Hiding in Plain Sight
    Kevin Stack, Preambles as Guidance, 84 Geo. Wash. L. Rev. 1252 (2016).Michael E HerzFor decades, controversy has brewed over agency (ab)use of and (over)reliance on guidance documents. On one account, agencies turn to guidance in an end run…
Rank this Week: 498

ICT for Peacebuilding

ICT for Peacebuilding

Exploring the use of technology for conflict transformation, focusing on the use of information communications technology (ICT) for peacebuilding. From Sanjana Hattotuwa.

http://ict4peace.wordpress.com
  • Feb 19

    Identifying & combatting Fake News: A primer

    Identifying & combatting Fake News: A primer
    I was recently asked to put together a presentation on the fake news phenomenon for discussions with leading journalists and media institutions in a developing country, with extremely poor media literacy but strong growth around social media…
  • Dec 19

    Corridors of Power: Constitutional Power and Architecture

    Corridors of Power: Constitutional Power and Architecture
    Delivered a short presentation today to the Friedrich Naumann Foundation for Freedom office in Colombo on ‘Corridors of Power’, an exhibition I curated with Channa Daswatta and Asanga Welikala that explores Sri Lanka’s…
  • Nov 30

    Fake news in Myanmar: Social Media verification workshop

    Fake news in Myanmar: Social Media verification workshop
    Cross-posted from the ICT4Peace Foundation website. ### An informal workshop on verifying news and information spread across social media was held recently at Phandeeyar in Yangon, Burma, led by the Foundation’s Special…
Rank this Week: 521

Trial and Appeals Blog

Trial and Appeals Blog

Covers law and society. By Thomas Wade Young.

http://www.twylaw.com/blog
  • Feb 16

    Florida Supreme Court Rejects Daubert Standard

    Florida Supreme Court Rejects Daubert Standard
    A divided Florida Supreme Court declined to adopt the Legislature’s Daubert Amendment concerning opinions of expert witnesses. Justices Canady and Polston would have adopted the Daubert standard, as have the federal courts and most…
  • Feb 16

    Florida Supreme Court Increases Discipline

    Florida Supreme Court Increases Discipline
    Although the justices of the Supreme Court of Florida often disagree, their approach to disciplinary cases is more uniform. In The Florida Bar v. Wynn, the court unanimously rejected a referee’s recommendation of a ninety day…
  • Feb 16

    Florida Third DCA Upholds PIP Statute as Applied to Chiropractor

    Florida Third DCA Upholds PIP Statute as Applied to Chiropractor
    THIS Facebook page, discusses and links the Third District Court of Appeal’s decision yesterday upholding the constitutionality of Florida’s 2012 PIP Act as it applies to chiropractors. The court not only upheld the exclusion…
Rank this Week: 381

Tort Talk

Tort Talk

Provides updates and trends in Pennsylvania civil litigation law. By Daniel E. Cummins.

http://www.torttalk.com/
  • Feb 15

    Bad Faith Claim Based Upon Sackett Dispute Rejected

    Bad Faith Claim Based Upon Sackett Dispute Rejected
    In a recent decision out of the Western District Federal Court of Pennsylvania in the case of Trustgard  Ins. Co. v. Campbell, No. 16-CV-1013 (W.D. Pa. Nov. 28, 2016 Schwab, J.), the court rejected a claim of bad faith in the case where…
  • Feb 15

    Judge Munley of Federal Middle District Grants Summary Judgment in Bad Faith Claim

    Judge Munley of Federal Middle District Grants Summary Judgment in Bad Faith Claim
    In his recent decision in the case of Yatsonsky v. State Farm Fire & Cas. Ins. Co., 3:15-CV-1777 (M.D. Pa. Dec. 5, 2016 Munley, J.), Judge James M. Munley granted a carrier’s Motion for Summary Judgment in a bad faith claim.In this…
  • Feb 13

    Pennsylvania Superior Court Affirms Finding of No Duty Owed in Data Breach Case

    Pennsylvania Superior Court Affirms Finding of No Duty Owed in Data Breach Case
    In its recent decision in the case of Dittman v. UPNC d/b/a The University of Pittsburgh Medical Center, No. 971 WDA 2015 (Pa. Super. Jan. 12, 2017 Olson, J., Stabile, J., and Musammno, J.) (Op. by Olson, J.), the Pennsylvania Superior Court…
Rank this Week: 417

Federal Criminal Lawyer Blog

Federal Criminal Lawyer Blog

Covers legal topics such as appeals, drug crimes, internet crimes, white collar crime, and federal criminal trials. By Kish & Lietz.

http://www.georgiafederalcriminallawyerblog.com/
  • Feb 8

    Fascination: the U.S. Supreme Court Once Again Looks at Federal Gun Law

    Fascination: the U.S. Supreme Court Once Again Looks at Federal Gun Law
    The online Merriam-Webster dictionary defines the root word of “fascination” as “to transfix or hold spellbound by an irresistible power.”  Since 1971, the Supreme Court of the United States has on all least 13…
  • Dec 5

    The always confusing “nolo” plea comes up in a federal criminal case

    The always confusing “nolo” plea comes up in a federal criminal case
    As a criminal defense lawyer I often get questions as to whether there is a difference between a “regular” guilty plea and a “nolo” plea.  Technically, the latter is from the Latin phrase, “nolo…
  • Nov 22

    Federal Criminal Sentences Still a Hot Topic in the Supreme Court

    Federal Criminal Sentences Still a Hot Topic in the Supreme Court
    Whether here in Atlanta or other places, Carl and I represent a lot of folks who eventually face a sentencing hearing at the end of a federal criminal case.  Anyone whose spare time has brought them here knows that we chat about federal…
Rank this Week: 379

Accessibility Defense

Accessibility Defense

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

http://accessdefense.com
  • Feb 2

    Beware the ADA settlement that buys a big bag of nothing.

    Beware the ADA settlement that buys a big bag of nothing.
    We’ve written before about the perils of private ADA settlements. The yin and yang of ADA defense. Perilous settlements and temporary victories, and Starbucks and the ADA – more perilous settlements and temporary victories.…
  • Jan 31

    Hunt article published in The National Psychologist

    Hunt article published in The National Psychologist
    The National Psychologist’s January/February 2017 edition includes Richard’s article “What is a disability, anyway?” The article explains for mental health professionals why caution is needed in diagnosing a…
  • Jan 22

    Florida Court rejects ADA claim based on website accessibility

    Florida Court rejects ADA claim based on website accessibility
    On January 17 the District Court for the Middle District of Florida flatly rejected an ADA claim based on a lack of website accessibility. The Court’s explanation was straightforward: “Regardless, Plaintiff may not claim a…
Rank this Week: 390

DRI Today

DRI Today

Features civil defense attorneys' perspectives on employment law, intellectual property, and product liability. From DRI - The Voice of the Defense Bar.

http://forthedefense.org/Default.aspx
  • Jun 16

    Insured’s False Statements Lead to No Coverage

    Insured’s False Statements Lead to No Coverage
    An insurer does not have to provide coverage when the insured’s business operation and use of the premises was not in accordance with that listed on the insurance application. In Nationwide Mutual Fire Insurance Co. v. Almco Ltd., a…
  • Jun 6

    Selecting Client

    Selecting Client
    I am not above revisiting a topic.  It can be like jury work where you need to tell them three times and then show them the visual of the same.  So, I say again you should be selecting which clients you will represent with conscious…
  • Apr 15

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated
    The California Court of Appeal for the Fourth District recently held in Underwriters of Interest Subscribing Policy Number A15274001 v. ProBuilders Specialty Insurance Company that the statute of limitation on the insurer’s equitable…
Rank this Week: 477

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: 343

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: 441

The Conference Room--Answers to…

The Conference Room--Answers to Questions on N.C. Law

Comments on North Carolina civil litigation and laws. By Bradley A. Coxe.

http://nclawyer.typepad.com/north_carolina_civil_litg/
  • Jun 19

    Changing home

    Changing home
    After several years and over 150 posts, this blog is changing homes. It will be hosted on my firm's new website at http://www.hcpplaw.com/blog. Thanks for reading and I hope you will follow me over to the new site. If you...
  • May 29

    Take Time to Heal after a Car Wreck.

    Take Time to Heal after a Car Wreck.
    This is a tragic story, but one that is not that uncommon. My heart goes out to this family who will be dealing with this horrific car wreck for the rest of their lives. Putting on my lawyer hat for...
  • Apr 16

    Eviction

    Eviction
    Landlords have a streamlined process in North Carolina to evict tenants who have breached their lease. This is called summary ejectment. After the tenant has breached the lease by failing to pay rent or otherwise, and after the tenant has...
Rank this Week: 520

the complex litigator

the complex litigator

Covers complex litigation and class actions. By H. Scott Leviant.

http://thecomplexlitigator.com/post-data/
  • Aug 12

    Luckey v. Superior Court says no to temporary judges for class settlement approval

    Luckey v. Superior Court says no to temporary judges for class settlement approval
    In Luckey v. Superior Court (July 22, 2014), the Court of Appeal (Second Appellate District, Division Three), the Court considered a writ following the denial of a stipulation to utilize a temporary judge to handle a class settlement…
  • Aug 12

    Misclassifcation of independent contractors gets a boost in Ayala v. Antelope Valley Newspaper

    Misclassifcation of independent contractors gets a boost in Ayala v. Antelope Valley Newspaper
    As I fill the backlog, we have yet another big decision from the California Supreme Court. In Ayala v. Antelope Valley Newspapers, 59 Cal. 4th 522 (June 30, 2014), the Supreme Court examined how the question of certification should be…
  • Aug 12

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC
    Next up on the update list is Iskanian v. CLS Transportation Los Angeles LLC (June 23, 2014). In Iskanian, a limousine driver filed a class action lawsuit on behalf of himself and similarly situated employees for his employer’s alleged…
Rank this Week: 527

Point of Law Forum

Point of Law Forum

Provides information and opinion on the U.S. litigation system. By the Manhattan Institute and AEI Liability Project. Contributors include Professors Michael Krauss, David Bernstein, Lester Brickman, Michael DeBow, Richard Epstein, Daniel P. Kessler and Stephen Presser.

http://www.pointoflaw.com/
  • Nov 27

    Chairman Schapiro's Troubled Tenure at the SEC

    Chairman Schapiro's Troubled Tenure at the SEC
    Chairman Schapiro announced yesterday that she will be stepping down as head of the Securities and Exchange Commission (SEC) in several weeks. Accompanying her announcement, was a nine-page list of her accomplishments during her nearly…
  • Nov 26

    The Philadelphia Story

    The Philadelphia Story
    The success of trial lawyers in Philadelphia has come at the expense of the Pennsylvania economy. Our own Jim Copland explains in an op-ed and at great detail in Trial Lawyers Inc. - Philadelphia....
  • Nov 25

    Senator-elect Warren's Quandary

    Senator-elect Warren's Quandary
    There has been a lot of speculation about whether Senator-elect Elizabeth Warren will get a seat on the Senate Banking Committee, a perfect forum to go after the financial industry. If Ms. Warren does get the coveted spot, she may...
Rank this Week: 476

Percipient E-Discovery Blog

Percipient E-Discovery Blog

A blog about e-discovery, technology and other related matters of interest.

https://percipient.co/blog
  • Feb 20

    New Rule Will Permit Self Authentication of Electronic Evidence

    New Rule Will Permit Self Authentication of Electronic Evidence
    Although receiving far less attention than the 2015 amendments to the Federal Rules of Civil Procedure, proposed changes to federal evidence rules addressing electronically stored information (ESI) are slated for later this year.…
  • Feb 13

    That Ancient Email You Saved From 1997 Is And Will Always Be Hearsay

    That Ancient Email You Saved From 1997 Is And Will Always Be Hearsay
    Although receiving far less fanfare than the 2015 amendments to the Federal Rules of Civil Procedure, proposed changes to Federal Rules of Evidence addressing electronically stored information (ESI) are slated for December 1, 2017. The…
  • Jan 30

    Raise Spoliation Before Summary Judgment (or Forever Hold Your Peace)

    Raise Spoliation Before Summary Judgment (or Forever Hold Your Peace)
    A recent federal appeals case reminds us that if evidence spoliation is suspected, it might be best to bring it to the court’s attention via Federal Rule of Civil Procedure 56(d) before opposing a summary judgment motion. Rule…
Rank this Week: 953

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Feb 20

    Driver with History of Speeding Violations Causes Fatal Collision

    Driver with History of Speeding Violations Causes Fatal Collision
    Every year, thousands of people receive that phone call we all dread—news that a loved one has been killed in an auto accident. The news is not only a sudden shock, but emotionally and physically debilitating. Even before the reality of…
  • Feb 16

    The Joy of Skipping School Resulted in a Fatal Joy Ride

    The Joy of Skipping School Resulted in a Fatal Joy Ride
    Every year thousands of teens die in traffic accidents—often as a result of the teenage driver’s excessive speed, lack of experience, or inattention. Five high school students who cut class one afternoon last month were in a crash…
  • Feb 14

    Pregnant Woman Killed in Dump Truck Accident

    Pregnant Woman Killed in Dump Truck Accident
    Lawsuit Financial understands that auto accident lawsuits can take months, even years to settle. We also know that many plaintiffs are on a fixed income and won’t have enough money to keep the case going. Rather than struggling…
Rank this Week: 1058

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Feb 20

    $37,200 Jury Verdict in Gulfport Federal Court Sexual Harassment Trial

    $37,200 Jury Verdict in Gulfport Federal Court Sexual Harassment Trial
    What better way to observe Presidents’ Day than a report on a jury verdict in a recent sexual harassment trial? The trial was week before last in Gulfport in the case of Canaski v. Mid-Mississippi Properties. Here is the salacious…
  • Feb 9

    Mississippi House Passes More Tort Reform

    Mississippi House Passes More Tort Reform
    The Mississippi House of Representatives passed HB 481 this week. Here is the bill. The bill legislatively abrogates the collateral source rule. The purpose of the bill is to kill what’s left of the plaintiff’s bar in Mississippi.…
  • Feb 7

    $150,000 Jury Verdict in Lamar County Car Wreck Trial

    $150,000 Jury Verdict in Lamar County Car Wreck Trial
    On January 19, 2017 a Lamar County jury rendered a $150,000 verdict in Sullivan v. Tate and Miss. Farm Bureau Casualty Ins. Co. Plaintiff, Ms. Sullivan, and Defendant, Ms. Tate, were involved in a low-impact collision at the intersection of…
Rank this Week: 613

The Jury Room

The Jury Room

Covers juries, trial consulting, trial skills and litigation advocacy. By Keene Trial Consulting.

http://keenetrial.com/blog
  • Feb 20

    Anti-Muslim and anti-Mexican attitudes create a  self-fulfilling prophecy

    Anti-Muslim and anti-Mexican attitudes create a  self-fulfilling prophecy
    Lately we’ve heard a lot more anti-immigrant bias expressed in public and it turns out, hate speech breeds hatred of its own. This research has pretty frightening findings and you may find it hard to believe there is such misinformed…
  • Feb 17

    Changing your name after marrying, bias at home and  work, and smart-phone blindne

    Changing your name after marrying, bias at home and  work, and smart-phone blindne
    It’s time again for another combination post featuring fascinating tidbits you may have missed were it not for our eagle eyes and constant efforts to keep you informed. And yes, we’ll start at the end since we know you are…
  • Feb 15

    Countering judicial “rehabilitation”: Tell it to the judge 

    Countering judicial “rehabilitation”: Tell it to the judge 
    Anyone who has been in court more than a few times, has likely heard a judge “rehabilitate” a potential juror who has expressed bias by asking the juror if they will, in judging “this case”, be “fair, impartial…
Rank this Week: 854

Veale Law

Veale Law

Focuses on personal injury law for the Province of British Columbia, Canada.

http://www.vealelaw.com/blog
Rank this Week: 1026

Southern California Appellate News

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/
  • Feb 17

    Is the 9th Cir. really a "Court in Chaos"?

    Is the 9th Cir. really a "Court in Chaos"?
    Law360 reports Trump Slams 9th Circ. As Court In ‘Chaos,’ ‘Turmoil’, which begins: "President Donald Trump slammed the Ninth Circuit on Thursday as a court in “chaos” and “turmoil,” claiming at…
  • Feb 16

    Reading & Viewing for the rest of the day!

    Reading & Viewing for the rest of the day!
    The Winter edition of Appellate Issues (the publication of the ABA's Council of Appellate Lawyers) is available here. This is an appellate box of chocolates you will enjoy!The U.S. Courts offers a video in honor of Black History…
  • Feb 15

    Another Pregerson profile

    Another Pregerson profile
    Today's DJ profiles Judge Pregerson the Younger, i.e., Dean Pregerson (US District Judge Dean Pregerson's 20 years of rulings has changed lives, protected prisoners), son of 9th Circuit Judge Harry Pregerson. Deja vu? Today's DJ profile…
Rank this Week: 598

The Courtroom Insight Blog

The Courtroom Insight Blog

Featuring attorney reviews of expert witnesses, litigation consultants, mediators and arbitrators.

http://blog.courtroominsight.com/
  • Feb 17

    Where does Supreme Court Nominee, Neil Gorsuch stand on Intellectual Property Patents?

    Where does Supreme Court Nominee, Neil Gorsuch stand on Intellectual Property Patents?
    Flachsbart & Greenspoon partner, Robert Greenspoon hopes that Supreme Court Nominee, Neil Gorsuch will assist in the “scaling back the inter partes review procedures created by the America Invents Act (AIA).”  However,…
  • Jan 30

    Is Your Expert Witness “Hot Tubbing” in the Courtroom?

    Is Your Expert Witness “Hot Tubbing” in the Courtroom?
    Last Fall, the National Law Review reported on the concept of “Hot Tubbing” in U.S. Courts.  They define the practice of presenting concurrent expert evidence, or “Hot Tubbing” as asking experts in the case to…
  • Jan 10

    New Software Release Includes Unique Expert Witness Service

    New Software Release Includes Unique Expert Witness Service
    Courtroom Insight is pleased to announce a brand new service and significant new enhancements with the latest release of our knowledge management software. First, we are proud to offer a new expert witness information service that…
Rank this Week: 868

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Feb 16

    Jury Nullification in NH

    Jury Nullification in NH
    New Hampshire has drawn one step closer to creating a new law requiring courts to inform "the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.” This week...
  • Feb 15

    Civil Trials: A Film Illusion?

    Civil Trials: A Film Illusion?
    Taunya Lovell Banks Civil Trials: A Film Illusion? Abstract The right to trial in civil cases is enshrined in the United States Constitution* and most state constitutions. Most people, laypersons and legal professionals alike, consider trials…
  • Feb 9

    Tainting the Jury Pool

    Tainting the Jury Pool
    Law360, Dallas (February 9, 2017, 3:19 PM EST) -- Prosecutors in the felony securities fraud case against Texas Attorney General Ken Paxton on Thursday accused him of orchestrating a two-year crusade to taint the jury pool in his home…
Rank this Week: 1077

Texas Causes of Action Blawg

Texas Causes of Action Blawg

Features caselaw updates and cites on causes of actions and affirmative defenses culled from Texas appeals court opinions. By Wolfgang Demino.

http://causeofactionelements.blogspot.com/
  • Feb 14

    Doctrine of laches (not the same as statute of limitations, but similar)

    Doctrine of laches (not the same as statute of limitations, but similar)
    LACHES DOCTRINE IS EQUITABLE IN NATURE, WHILE SOL IS STATUTORY  Laches is an equitable remedy that prevents a plaintiff from asserting a claim due to a lapse of time. Green v. Parrack,974 S.W.2d 200, 203-04 (Tex. App.-San Antonio…
  • Jan 10

    Principles of statutory construction

    Principles of statutory construction
    When can extrinsic information be considered in construing a statute? The meaning of a statute is a legal question, which we review de novo to ascertain and give effect to the legislature's intent. Entergy Gulf States, Inc. v.…
  • Jan 10

    Res Judicata Case

    Res Judicata Case
    EFFECT OF RES JUDICATA WHEN PROPERLY ASSERTED AS AFFIRMATIVE DEFENSE Res judicata bars claims that were brought, or could have been brought, in an earlier lawsuit that resulted in a final judgment on the merits. Igal v. Brightstar…
Rank this Week: 1166

Electronic Discovery Law

Electronic Discovery Law

Covers legal issues, news and best practices relating to the discovery of electronically stored information. By K&L Gates.

http://www.ediscoverylaw.com/
Rank this Week: 781

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/
  • Feb 10

    Compare and Contrast

    Compare and Contrast
    NERA Economic Consulting and Cornerstone Research have released their respective 2016 annual reports on federal securities class action filings.  As usual, the different methodologies employed by the two organizations have led to…
  • Jan 30

    Transparently Aspirational

    Transparently Aspirational
    Can shareholders bring a claim for securities fraud when a corporate official violates the company’s code of conduct after publicly touting the business’s high standards for ethics and compliance?  According to the U.S. Court…
  • Jan 22

    Pipe Dream

    Pipe Dream
    The federal securities laws have statutes of repose that bar a suit after a fixed number of years from the time the defendant acts in some way.  There is an appellate split, however, over whether the existence of a class ……
Rank this Week: 803

Sui Generis--a New York law blog

Sui Generis--a New York law blog

Offers commentary on civil rights issues, recent decisions and other areas of interest to New York civil litigators and criminal practitioners. By Nicole L. Black.

http://nylawblog.typepad.com/suigeneris/
  • Feb 10

    Washington Bar Association allows virtual law office

    Washington Bar Association allows virtual law office
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Washington Bar Association Allows Virtual Law Offices The Washington State Bar Association wasn’t the first bar to consider the ethics of…
  • Jan 30

    California Bar on the ethics of blogging

    California Bar on the ethics of blogging
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. *** California Bar on the ethics of blogging Blogs have been around for over a decade now and lawyers have been blogging from the very start.…
  • Jan 26

    D.C. Bar on mining social media for evidence and more

    D.C. Bar on mining social media for evidence and more
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. *** D.C. Bar on mining social media for evidence and more Last month I wrote about D.C. Bar Opinion 370, which addresses the ethics of lawyers using…
Rank this Week: 756