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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Feb 8

    Symposium: Unable to show harm, can Texas employ the Court as a political referee?

    Symposium: Unable to show harm, can Texas employ the Court as a political referee?
    Anne Egeler is Deputy Solicitor General for the State of Washington. She co-authored a cert.-stage amicus brief on behalf of Washington, fourteen other states, and the District of Columbia in support of the Obama…
  • Feb 8

    Symposium: Constitutional limits of presidential power – changing the law or enforcing it

    Symposium: Constitutional limits of presidential power – changing the law or enforcing it
    Jay Sekulow is Chief Counsel of the American Center for Law and Justice (ACLJ), which focuses on constitutional law. The ACLJ is planning to file an amicus brief in United States v. Texas on behalf of members of Congress and thousands of…
  • Feb 8

    Monday round-up

    Monday round-up
    Briefly: In The National Law Journal (subscription or registration required), Tony Mauro reports that the announcement that Justice Sonia Sotomayor has hired the first Native Hawaiian law clerk “symbolizes a quiet quest she has…
Rank this Week: 11

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: 40

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 42

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 1

    Latest Issue of RabelsZ: Vol. 80 No. 1 (2016)

    Latest Issue of RabelsZ: Vol. 80 No. 1 (2016)
    The latest issue of “Rabels Zeitschrift für ausländisches und internationales Privatrecht  – The Rabel Journal of Comparative and International Private Law” (RabelsZ) has just been released. It contains…
  • Feb 1

    New publications: Practical Handbooks on the Operation of the Service and Evidence Convention

    New publications: Practical Handbooks on the Operation of the Service and Evidence Convention
    The Permanent Bureau of the Hague Conference on Private International Law has just published two Practical Handbooks: * Practical Handbook on the Operation of the Service Convention (4th edition); * Practical Handbook on the Operation of the…
  • Jan 31

    ERA Conference on Recent case law of the ECtHR in family matter

    ERA Conference on Recent case law of the ECtHR in family matter
    Objective This seminar will provide participants with a detailed understanding of the most recent jurisprudence of the European Court of Human Rights (ECtHR) related to family law matters. The spotlight is centred on Article 8 (respect for…
Rank this Week: 44

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/
  • 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…
  • Jan 12

    A Noteworthy Event – March 17-18

    A Noteworthy Event – March 17-18
    With new claims arising out of the Video Privacy Protection Act and Telephone Consumer Protection Act (TCPA), ACI’s Data Breach & Privacy Litigation and Enforcement conference on March 17-18, 2016 at the Union League in Philadelphia…
Rank this Week: 51

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: 76

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 88

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: 125

Litigation and Trial

Litigation and Trial

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

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

    The Doctors Company’s Dubious Medical Malpractice Statistic

    The Doctors Company’s Dubious Medical Malpractice Statistic
    This morning, MedPage Today — which should know better — began their “Morning Break” with this description and link: An analysis of closed claim data from The Doctors Company suggests that physicians spend about 10% of…
  • Feb 1

    The Lawyer Who Was Too Smart And Honest For Politic

    The Lawyer Who Was Too Smart And Honest For Politic
    Ben Lindy is the kind of person we all hope goes into politics: he grew up in Cincinnati, went straight from Cincinnati public school to Yale, then taught through Teach for America, then worked in the DC Public Schools system, then went to…
  • Jan 17

    Bill Cosby’s Non-Prosecution Agreement Is Unenforceable

    Bill Cosby’s Non-Prosecution Agreement Is Unenforceable
    Last week, Bill Cosby filed a “petition for writ of habeas corpus” which argued: The charges violate an express agreement made by the Montgomery County District Attorney in 2005, in which the Commonwealth agreed that Mr.…
Rank this Week: 147

New York Probate & Estate…

New York Probate & Estate Litigation Blog

Covers probate news, procedures and resources. By Philip M. Bernstein.

http://www.nyprobatelitigation.com/
  • Feb 1

    Executors Should Beware Of Serious Pitfall

    Executors Should Beware Of Serious Pitfall
    Today’s Wall Street Journal contains a worthwhile but cautionary article about the pitfalls that can face even the most well-meaning executor. As you will see, a lot of the decisions an executor must make need to be made…
  • Jan 31

    David Bowie’s Will Filed In Manhattan Surrogate’s Court — His Estate Valued At 100 Million Dollar

    David Bowie’s Will Filed In Manhattan Surrogate’s Court — His Estate Valued At 100 Million Dollar
    The Will of David Robert Jones was filed earlier this month in New York County Surrogate’s Court giving the value of his estate at 100 million dollars. Not familiar with David Robert Jones? As the New York Times reported, He was far…
  • Jul 20

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate
    Prior to the commencement of a probate proceeding or an administration proceeding, the attorney for the estate will normally send a waiver consenting to the admission of the will to probate or to the appointment of an administrator to all…
Rank this Week: 150

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/
  • Feb 2

    An Asset Search When Money Is Hidden Offshore

    An Asset Search When Money Is Hidden Offshore
    The following may help you pursue an asset search if your adversary conceals large amounts of money in offshore bank accounts: I.  FOLLOW THE MONEY TRAIL When an adversary hides funds at an offshore bank there is an electronic…
  • Jan 25

    Putting The Squeeze On ISIS By Searching For & Taking Its Asset

    Putting The Squeeze On ISIS By Searching For & Taking Its Asset
    This January 18th video depicts three 250 pound GBU-39 bombs dropped by B-1 or F-18 aircraft, in rapid succession on the same spot of the roof of an ISIS cash depot near Mosul, Iraq. As of last week, it was the ninth ISIS cash depot…
  • Jan 11

    Two Private Investigators & Their Bogus Asset Searche

    Two Private Investigators & Their Bogus Asset Searche
    This is the 9th post in my series discussing private investigators.  It highlights former private investigators Elaine White & Cullen Johnson who were convicted of a money laundering conspiracy.  The conspiracy involved bogus…
Rank this Week: 182

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

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

    Court Sets Holiday Hour

    Court Sets Holiday Hour
    The Northern District and the Seventh Circuit have altered their hours of operation for the holidays.  Both courts will be closed on: December 24, 2015; December 25, 2015; and January 1, 2016 The courts will also close at 3:00 pm on…
  • Dec 16

    Seventh Circuit Practice Requires Dismissal of State Law Claims When Federal Claims are Dismissed

    Seventh Circuit Practice Requires Dismissal of State Law Claims When Federal Claims are Dismissed
    Galvin v. Ill. Republican Party, No. 14 C 10490, Slip Op. (N.D. Ill. Oct. 20, 2015) (Zagel, J.). Judge Zagel dismissed plaintiff’s remaining state law claims for appropriation of image, false light, defamation and civil conspiracy for…
  • Dec 14

    Temporal Overlap Not Required for Joinder of Bit Torrent Doe

    Temporal Overlap Not Required for Joinder of Bit Torrent Doe
    Cobbler Nevada, LLC v. Does 1-38, No. 15 C 5283, Slip Op. (N.D. Ill. Oct. 23, 2015) (Coleman, J.). Judge Coleman denied Doe 38’s Fed. R. Civ. P. 20 motion to dismiss Does 2-38 for improper joinder in this BitTorrent copyright case…
Rank this Week: 198

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: 206

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Feb 6

    1% of Doctors = 32% of Malpractice Claim

    1% of Doctors = 32% of Malpractice Claim
    Want to protect patients and reduce the cost of medical malpractice insurance?  Identify and insist on retraining for the 1% of doctors who account for 32% of medical malpractice claims.
  • Feb 5

    Slip and Fall Case Dismissed WhenTestimony and Other Evidence Did Not Align

    Slip and Fall Case Dismissed WhenTestimony and Other Evidence Did Not Align
    In Willis v. McDonald’s Restaurants of Tennessee, Inc., No. E2015-00615-COA-R3-CV (Tenn. Ct. App. Dec. 23, 2015), plaintiff’s inability to prove the cause of her fall proved fatal to her premises liability action. Plaintiff and…
  • Feb 1

    Summary Judgment Affirmed Where Dog Had Never Bitten Anyone Before

    Summary Judgment Affirmed Where Dog Had Never Bitten Anyone Before
    In 2007, the Tennessee legislature enacted Tenn. Code Ann. § 44-8-413, which addresses injuries caused by dogs. This statute draws a distinction between (1) injuries caused by a dog “running at large” and (2) injuries caused…
Rank this Week: 208

eDiscovery Daily Blog

eDiscovery Daily Blog

Provides eDiscovery news, analysis and educational tips. By Trial Solutions.

http://www.ediscoverydaily.com/
  • Feb 7

    Changes in Federal Rules Result in Reversal of Adverse Inference Sanction: eDiscovery Case Law

    Changes in Federal Rules Result in Reversal of Adverse Inference Sanction: eDiscovery Case Law
    In Nuvasive, Inc. v. Madsen Med. Inc., California Chief District Judge Barry Ted Moskowitz, considering new standards imposed under recently amended Federal Rule of Civil Procedure 37(e), granted the plaintiff’s motion for an order…
  • Feb 4

    EDRM Participant Profile, Crystal O’Donnell: eDiscovery Trend

    EDRM Participant Profile, Crystal O’Donnell: eDiscovery Trend
    When EDRM announced eDiscovery Daily as an Education partner back in March, EDRM agreed to publish our daily posts on the EDRM site and it has been great to publish our content via the leading standards organization for the eDiscovery market!…
  • Feb 3

    Thursday LTNY 2016 Sessions: eDiscovery Trend

    Thursday LTNY 2016 Sessions: eDiscovery Trend
    As noted yesterday and Tuesday, LegalTech® New York 2016 (LTNY) is happening this week and eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show. This is the last day to check out the show if…
Rank this Week: 259

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 5

    Causation Expert Testimony in Toxic Tort Exposure Case Not Allowed

    Causation Expert Testimony in Toxic Tort Exposure Case Not Allowed
    Plaintiff claims that she was exposed to toxic substances while working for Defendant.  Defendant filed motion to exclude the testimony from her three expert witness.  The court granted the motion. Facts: This personal injury and…
  • Feb 5

    Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony

    Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
      Barclay v. State Farm Lloyds – United States District Court – Southern District of Texas – January 14th, 2016 – This lawsuit involves an insurance claim for foundation damage to a house.  Plaintiffs washing…
  • Feb 3

    Software Expert Witness Testimony Allowed By Daubert

    Software Expert Witness Testimony Allowed By Daubert
    Software expert was hired to provide testimony into the calculation of damages in a breach of license agreement.  The Defendant filed a motion to exclude the expert witness testimony under Daubert. Facts:  This case (SAS Institute…
Rank this Week: 324

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/
Rank this Week: 359

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: 314

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Feb 4

    Predictions for 2016

    Predictions for 2016
    Costs Lawyer magazine recently published the predictions for 2016 of the great and the good in the profession. They also asked me. This was my contribution, written before Lord Justice Jackson’s latest speech: “When I was asked…
  • Feb 2

    Signature to a Bill of Cost

    Signature to a Bill of Cost
    In Mansion Estates Ltd -v- Hayre & Co (A Firm) [2016] EWHC 96 (Ch) His Honour Judge Saffman commented: “in my view it would be wrong to assume that it is inherently more improbable that a professional person will be ……
  • Jan 31

    Jackson is dead. Long live Jackson.

    Jackson is dead. Long live Jackson.
    Lord Justice Jackson has repeated his calls for an extension of fixed costs, this time with a recommendation it should apply to all claims with a value up to £250,000 and also produced a proposed matrix of the fixed costs ……
Rank this Week: 440

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: 414

Ringler Radio - Legal Settlements

Ringler Radio - Legal Settlements

Internet radio show / Podcast hosted by the leaders in structured settlements. From Ringler Associates and the Law Talk Network.

http://legaltalknetwork.com/podcasts/ringler-radio
  • Feb 1

    Contaminated Scopes and Litigation

    Contaminated Scopes and Litigation
    Thousands of people every year have an endoscopy, a non-surgical procedure to examine their digestive tract for potential issues. Unfortunately, the use of a contaminated duodenoscope or scope, manufactured by Olympus Corporation. of the…
  • Jan 10

    Trial Preparation, Jury Consulting and Strategies to Win your Case

    Trial Preparation, Jury Consulting and Strategies to Win your Case
    Using the right strategies during trial preparation can help win a case in court.  In this podcast, Ringler Radio host Larry Cohen and co-host, Duke Wolpert join Ross Suter, Esq., Litigation Consultant at Magna Legal Services, as they…
  • Dec 20

    Motor Vehicle Collisions, Structures and the Injured

    Motor Vehicle Collisions, Structures and the Injured
    According to the National Highway Traffic Safety Administration, nearly 19,000 people died in traffic crashes in the United States in the first six months of 2015, and 2.2 million people were seriously injured. On this edition of Ringler…
Rank this Week: 386

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
  • Jan 27

    A Beginning and Ending in Legal Representation

    A Beginning and Ending in Legal Representation
    Lawyers seem to do better with sending opening engagement letters than at the end of the case.  Both stages of the representation are equally important and both should be related in terms of client communication, as well as client…
  • Jan 22

    Discretionary Review in the Federal Circuit Courts at DRI’s Appellate Advocacy Conference Feb. 10-12

    Discretionary Review in the Federal Circuit Courts at DRI’s Appellate Advocacy Conference Feb. 10-12
    I wanted to highlight one of the sessions to be held during DRI's Appellate Advocacy seminar on February 10-12, 2016: Discretionary Review in the Federal Courts.   The speakers - the Honorable Sandra L. Lynch of the United States Court…
  • Jan 20

    The 2016 DRI Appellate Advocacy Seminar

    The 2016 DRI Appellate Advocacy Seminar
    I am writing to encourage folks to attend the upcoming 2016 DRI Appellate Advocacy Seminar at the Scottsdale Resort at McCormick Ranch in Scottsdale, Arizona. I have been involved with organizing the seminar panel on appellate arbitrations,…
Rank this Week: 388

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: 408

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 8

    Discovery Protocol Results in More Settlements, Fewer Motions to Compel

    Discovery Protocol Results in More Settlements, Fewer Motions to Compel
    I don’t know how I missed this when it came out, but better late than never. The Federal Judicial Center has published a brief empirical study of the pilot project on initial discovery protocols in employment cases. Emery G. Lee...
  • Feb 5

    Registration Opens for 2016 SEALS Conference

    Registration Opens for 2016 SEALS Conference
    Registration for the 2016 annual conference of the Southeastern Law Schools Association (SEALS) is now open. The final program is available. The conference will be held August 3-9, 2016 in Amelia Island, Florida. The programs that seem to…
  • Feb 5

    Bills to Curb Forced Arbitration, Split Ninth Circuit Introduced

    Bills to Curb Forced Arbitration, Split Ninth Circuit Introduced
    A bill to prohibit corporations from forcing arbitration of certain disputes, Restoring Statutory Rights Act, S.2506, was introduced on February 4 by Senator Patrick Leahy (D-VT). Separately, bills were introduced in both the House, H.R.…
Rank this Week: 542

The California Blog of Appeal

The California Blog of Appeal

Features an appellate practitioner's take on practice and legal developments in the California Courts of Appeal, the California Supreme Court and the Ninth Circuit Court of Appeals. By Greg May.

http://www.calblogofappeal.com
  • Feb 3

    The twists and turns of precedent

    The twists and turns of precedent
    Lawyers, and especially appellate lawyers, talk about “precedent” all the time, but do we regularly consider the rationale behind the rules of precedent and stare decisis? Mary Whisner does. Whisner is a reference librarian at the…
  • Jan 13

    “Petty Theft Auto” just doesn’t have the same ring to it

    “Petty Theft Auto” just doesn’t have the same ring to it
    Enthusiasts of the “Grand Theft Auto” video game might think that “petty theft auto” sounds rather wimpy, but to a felon car thief seeking a sentence reduction under Proposition 47, “petty theft…
  • Oct 26

    To the Court of Appeal, there is no such thing as a “wrongly decided” Supreme Court case

    To the Court of Appeal, there is no such thing as a “wrongly decided” Supreme Court case
    Last week, I wrote about Miranda v. Anderson Enterprises, Inc., case no. A140328 (1st Dist., Oct. 15, 2015), describing how the appellant there benefited from a Supreme Court decision (Iskanian) that came…
Rank this Week: 549

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Feb 8

    Did FBI Special Agent Chad Fitzgerald Just Prove the Defense's Brady Claim?

    Did FBI Special Agent Chad Fitzgerald Just Prove the Defense's Brady Claim?
    It's a busy day for me today, but, having just arrived back from class, I am intrigued by the reporting regarding Justin Brown's cross-examination of FBI Special Agent Chad Fitzgerald. Last Friday, the reopened PCR proceedings came to an…
  • Feb 6

    Debunking the Claim That a Teammate Said Adnan Was 20 Minutes Late to Practice

    Debunking the Claim That a Teammate Said Adnan Was 20 Minutes Late to Practice
    Yesterday, there was a moment when I thought that I might need to reassess my opinion regarding the innocence of Adnan Syed: Later, Jessie did indeed grab a pic of the State's exhibit, and it turns out that the exhibit...
  • Feb 5

    Thoughts on the 2nd Day of Adnan's Reopened PCR

    Thoughts on the 2nd Day of Adnan's Reopened PCR
    Last night, we had another special minisode of the Undisclosed Podcast based on the second day of the reopened postconviction review proceedings in the Adnan Syed case. In this post, I will expand upon some of the topics I covered...
Rank this Week: 639

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 8

    Questioning a Witness: Poor Questions Versus Good One

    Questioning a Witness: Poor Questions Versus Good One
    When conducting direct examination, you generally can’t ask leading questions, i.e., ones that suggest a particular answer. Evid C §§764, 767(a)(2). And, of course, you can’t ask objectionable questions. For…
  • Feb 5

    Business Plan Basic

    Business Plan Basic
    Every business should have a plan—from tech start-ups to law firms. The process of creating a document that details the thoughts and ideas of the owners or founders of the business allows for a realistic appraisal of the business’…
  • Feb 3

    Should You Save Something for Your Closing?

    Should You Save Something for Your Closing?
    Although it may be tempting to cover everything during cross-examination, there are situations in which it’s better to save something for your closing argument. In fact, it’s a time-honored rule among some litigators to always…
Rank this Week: 665

The Law of Evidence

The Law of Evidence

Discusses evidentiary rules, objection practices, and court rulings. By Jesse Langel.

http://jesselangelevidence.blogspot.com
  • Feb 6

    Impeachment | Problem 24

    Impeachment | Problem 24
    P was sucker punched at a bar. He sues D for throwing the punch but D denies doing so. At trial, P calls W1 who testifies that immediately after the punch, bystander, X screamed, “D just socked P.”  In response, D calls W2 to…
  • Feb 2

    Impeachment | Problem 23

    Impeachment | Problem 23
    Prosecution of D for snatching V’s purse while both were inside a subway car. D claims another man with a gray shirt snatched her purse. D calls W who testifies that he observed the crime when X yelled, “Hey lady, that man with…
  • Jan 31

    Impeachment | Problem 22

    Impeachment | Problem 22
    Prosecution of D for disorderly conduct.  D testifies the he was acting normally, and that complaints about his conduct were exaggerated. The prosecutor elects not to cross-examine him. Then D calls W to testify that he has known D for…
Rank this Week: 669

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
Rank this Week: 705

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 2

    NAELA 2016 Summit

    NAELA 2016 Summit
    As a benchmark for planning and/or evaluating 2016 professional association educational conferences, the National Academy of Elder Law Attorneys (NAELA) Second Annual Summit, hosted January 26-27 in Newport Beach, California, established…
  • Jan 18

    S2P2J Release 58

    S2P2J Release 58
    With projected 2015 annuity premium expected to fall substantially short of the historic 12 month industry high ($6.2 billion in 2008), the National Structured Settlement Trade Association (NSSTA) has organized a primary market "Growth…
  • Dec 28

    Structured Settlements 2015 -2

    Structured Settlements 2015 -2
    Market Issues and Developments The 2015 structured settlement marketplace could perhaps best be characterized as "changing the focus of our future" as industry leaders cooperated to create a positive future agenda to overcome, or move beyond,…
Rank this Week: 675

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/
  • Feb 2

    Briefing For The Big Bucks: CRST Asks U.S. Supreme Court For Attorneys’ Fees From The EEOC

    Briefing For The Big Bucks: CRST Asks U.S. Supreme Court For Attorneys’ Fees From The EEOC
    By Gerald L. Maatman, Jr., Christina M. Janice, and Alex W. Karasik EEOC v. CRST Van Expedited, Inc. is a key case for all employers. We have been tracking the developments (here, here, here, here, here, here, here, and here) in this case…
  • Feb 2

    Court Certifies Title VII Discrimination Case Based On Discretionary Decision-Making

    Court Certifies Title VII Discrimination Case Based On Discretionary Decision-Making
    By Laura Maechtlen and Julie G. Yap In Rollins v. Traylor Brothers, Case No. 14-CV-1414 (W.D. Wash. Jan. 21, 2016),  Judge John Coughenour of the U.S. District Court for the Western District of Washington certified the claims of a…
  • Jan 30

    Our 2016 Workplace Class Action Report Made TV!

    Our 2016 Workplace Class Action Report Made TV!
    With the publication of our Annual Workplace Class Action Report, the reaction from clients and loyal blog readers has been great. The Report has been reported widely by the media too. Our upcoming February 1 webinar on the Report already has…
Rank this Week: 583

Louisiana Law Blog

Louisiana Law Blog

Insight and information on Louisiana law, litigation and legal culture. By Kean Miller.

http://www.louisianalawblog.com/
  • Jan 29

    Terminating Corporate Life in Louisiana

    Terminating Corporate Life in Louisiana
    By Ben Jumonville and Ahmed Mohamed The Louisiana Business Corporation Act (“LBCA”) became effective on January 1, 2015.  The changes to Louisiana corporation law embodied in the LBCA are extensive, especially in the areas of…
  • Jan 22

    Court Rules Clean Power Plan Implementation Can Continue

    Court Rules Clean Power Plan Implementation Can Continue
    By Michelle Purchner Cumberland President Obama’s centerpiece of his climate policy agenda, the “Clean Power Plan,” has become one of the most heavily litigated environmental regulations ever. Twenty-seven states and…
  • Jan 20

    2016: Resolve to Consider Joint Employment Issues… the Department of Labor Has Already Done So!

    2016: Resolve to Consider Joint Employment Issues… the Department of Labor Has Already Done So!
    By Erin L. Kilgore and A. Edward Hardin, Jr. This New Year, many employers have resolved to examine their employment relationships to determine if any joint employment relationships are lurking.   On January 20, 2016, the United…
Rank this Week: 640

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • May 26

    Judge: Still No to Obama Immigration Action

    Judge: Still No to Obama Immigration Action
    A federal judge in Texas early this week refuses to lift an injunction blocking the Obama administration’s immigration policy to defer deportations for illegal immigrants living in the United States. Andrew Hanen, a U.S. district judge,…
  • May 26

    Art Activists: New York City Halted Museum Protest Speech

    Art Activists: New York City Halted Museum Protest Speech
    Several art activists filed a federal suit against New York City and claimed their First Amendment rights were being violated during last year’s Metropolitan Museum of Art protest. The plaintiffs utilized mobile video projectors to show…
  • May 25

    Court of Appeals Allows Reprieve for Tobacco Firms on Package Message

    Court of Appeals Allows Reprieve for Tobacco Firms on Package Message
    The tobacco industry won’t have to include messages on their packaging indicating of them lying to American public, according to a federal court of appeals ruling in Washington, D.C. The federal court of appeals last week ruled that tobacco…
Rank this Week: 716

The Florida Jury Selection Blog

The Florida Jury Selection Blog

Covers voir dire, cause challenges, juror concealment, non-verbal behavior, and peremptory challenges. By Robert W. Kelley.

http://www.juryblog.com
  • May 12

    “I don’t believe in the jury system”

    “I don’t believe in the jury system”
    During jury selection in a car accident case, a prospective juror told counsel she “didn’t believe in the jury system” because of an experience her brother had in a criminal case two years earlier. She said she thought she…
  • Apr 9

    Fundamental Error to Restrict Lawyer’s Questions During Voir Dire

    Fundamental Error to Restrict Lawyer’s Questions During Voir Dire
    A trial judge is Vero Beach was reversed last week for restricting defense counsel’s questions during jury selection. The defense lawyer in the case had been forced by the judge into going to trial without his client being…
  • Jan 30

    How to Save a Potentially Contaminated Jury Panel

    How to Save a Potentially Contaminated Jury Panel
    During jury selection in a civil trial a prospective juror stated in open court that he was familiar with one of the defendant’s expert medical witnesses. The juror said the expert had “kind of screwed-up my dad’s…
Rank this Week: 666

Trial Ad Notes

Trial Ad Notes

Offers news items and resources relating to trial advocacy, with a focus on Washington State. By Mary Whisner.

http://trialadnotes.blogspot.com/
  • Apr 13

    National Academies reports - Growth of Incarceration

    National Academies reports - Growth of Incarceration
    The Growth of Incarceration in the United States: Exploring Causes and Consequences (2014), packed with research and analysis from social scientists and policy experts, is available as a free PDF from the National Academies Press.This…
  • Apr 9

    Evidence-Based Practice in Criminal Defense

    Evidence-Based Practice in Criminal Defense
    This interesting paper was recently posted on SSRN:Jennifer E. Laurin, Gideon by the Numbers: The Emergence of Evidence-Based Practice in Indigent Defense,  Ohio State Journal of Criminal Law, Forthcoming 2015Abstract: A widespread…
  • Apr 3

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded
    Interesting case from New York: Joel Stashenko, Conviction Reversed as Expert Barred from Testifying, N.Y.L.J., April 3, 2015.The case is People v. McCullough, 11-01614 (N.Y. Sup. Ct., App. Div. March 27, 2015), link to court website
Rank this Week: 682

Trial Advocacy Blog

Trial Advocacy Blog

Focuses on trial advocacy. From Temple University's Beasley School of Law.

http://indexhtml.blogspot.com/
  • Mar 11

    Temple Law alum vies for vacant Montana Supreme Court seat

    Temple Law alum vies for vacant Montana Supreme Court seat
    Copyright 2014 Great Falls TribuneAll Rights ReservedGreat Falls Tribune (Montana)March 9, 2014 Sunday1 EditionSECTION: A; Pg. 1LENGTH: 1677 wordsHEADLINE: 15 vie for vacant state Supreme Court seatBYLINE: By, John S.…
  • Nov 21

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law
    Once classmates, now law partners, attorneys Samuel H. Pond and Jerry M. Lehocky have found a way to give back to the institution that launched their highly successful careers in law. The two partners at Philadelphia-based Pond Lehocky Stern…
  • Nov 14

    August/September 2013 Law Library Acquisition

    August/September 2013 Law Library Acquisition
    Administrative LawFederal administrative law / by Gary Lawson.Lawson, Gary, 1958-St. Paul, Minn. : West, c2013.TZ2 L445 2013 Administrative Law Developments in Administrative Law and Regulatory Practice, 2012 / edited by Jeffery S. …
Rank this Week: 634

TortDeform

TortDeform

A civil justice defense blog. By the Drum Major Institute for Public Policy.

http://www.tortdeform.com/
  • May 20

    The Politics Behind Tort Reform

    The Politics Behind Tort Reform
    Hello, and welcome back after that fifteen-month intermission. I've been too busy helping people to blog about the forces that want to prevent me from helping people. To dip my toe back in the blogging water, I thought I'd give a…
  • Feb 17

    The value of a human life and damage cap

    The value of a human life and damage cap
    Even if we go with the Bush-era figure of $6.8 million, you’re far above the often-proposed cap of $250,000 for noneconomic damages.  I’m morally opposed to ANY damage cap because I don’t believe that you can set a flat rate on every…
  • Feb 9

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective
    Which is a greater tragedy: A child dying at the hands of an incompetent doctor, or a toy company ripping off the design of a doll from another toy company?  Brian Wilson discusses how out-of-whack our priorities are regarding…
Rank this Week: 727

Wines and Information Management…

Wines and Information Management (WIM)

In-house counsel blawg on e-disovery, the impact of IT on the law and vice versa, information/knowledge management and wines. By Dominic Jaar.

http://dominicjaar.blogspot.com/
Rank this Week: 732

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: 700

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 8

    2d DCA pro tem update

    2d DCA pro tem update
    The following are currently sitting on assignment: Judge Ann I. Jones of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until February 29, 2016.Judge Amy D. Hogue of the Los Angeles Superior Court, will be…
  • Feb 5

    Cal Supreme Court Statistical Review

    Cal Supreme Court Statistical Review
    Kirk Jenkins at Sedgwick presents The California Supreme Court In 2015: A Year In Transition at Law360.2015 was a year of transition for the California Supreme Court as two new justices appointed by Gov. Jerry Brown, Justices…
  • Feb 4

    The Real Groundhog Day

    The Real Groundhog Day
    Speaking of Groundhog Day, the Court's online dockets have been stuck on February 2 until this afternoon! So check your dockets now....
Rank this Week: 929

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: 967

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 932

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Feb 8

    12 Sources of Bias in Forensic Neuropsychology and  How to Mitigate Them

    12 Sources of Bias in Forensic Neuropsychology and  How to Mitigate Them
    Whether you are involved in criminal or civil litigation, before long you are likely to run into a forensic neuropsychologist and a neuropsychological exam. A new article (mostly directed at civil litigation involving adults) discusses 12…
  • Feb 5

    Telling an engaging story about something complicated 

    Telling an engaging story about something complicated 
    Every once in a while, I read something and think, “I could have written that!” and today it happened again. There is a deceptively simple blog post over at the Scientific American site that is actually a wonderful treatise on how…
  • Feb 3

    Societal change happens fast—do you still have a landline telephone? 

    Societal change happens fast—do you still have a landline telephone? 
    Sometimes we think change goes slowly and other times it goes fast! And the older you get the faster time seems to move! So here is proof that times change quickly! Pew Research Center has announced that in 2016 they will call 75% cellphones…
Rank this Week: 1058

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 8

    International Law and Step-Zero: Going Beyond Cyberwar

    International Law and Step-Zero: Going Beyond Cyberwar
    Kristen Eichensehr, Cyber War & International Law Step Zero, 50 Tex. Int'l L.J. 355 (2015), available at SSRN.Herbert LinKristen Eichensehr recently published a piece entitled Cyberwar & International Law Step Zero that describes an…
  • Feb 5

    Abolition Calling

    Abolition Calling
    Allegra M. McLeod, Prison Abolition and Grounded Justice, 62 U.C.L.A. L. Rev. 1156 (2015). Allegra M. McLeod, Confronting Criminal Law’s Violence: The Possibilities of Unfinished Alternatives, 8 Harvard Unbound 109 (2013),…
  • Feb 4

    Bringing Court Reasoning to the Surface

    Bringing Court Reasoning to the Surface
    Elizabeth Y. McCuskey, Submerged Precedent, 16 NEV. L. J. __ (forthcoming 2016), available at SSRN.Brooke D. ColemanIn the modern age, there is no shortage of information. The internet and the tools it has inspired lead many—myself…
Rank this Week: 850

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

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

    $85,891 Jury Verdict in Lee County Retaliation Case

    $85,891 Jury Verdict in Lee County Retaliation Case
    On January 27, 2016 a Lee County jury (County Court) returned a plaintiff verdict of $85,891 in Nguyen v. Dao. The plaintiff worked for Dao at the Ichiban Japanese Grill in Tupelo. She alleged that she was fired for reporting illegal activity…
  • Feb 4

    Tupelo Bolsters Reputation For Dumb Criminal

    Tupelo Bolsters Reputation For Dumb Criminal
    The NE Daily Journal reports that the plan of three Tupelo men to rob and kidnap Circuit Judge Paul Funderburk was foiled before it got out of the Huddle House: Three Lee County men were arrested Monday after law enforcement uncovered a plot…
  • Feb 3

    Alcorn State Loses $500,000 Jury Verdict

    Alcorn State Loses $500,000 Jury Verdict
    It was a bad week on the reservation. First, Alcorn State lost wildly successful head football coach Jay Hopson to USM. On top of that, on Thursday a Claiborne County jury rendered a $500,000 verdict to former ball coach Ernest T. Jones for…
Rank this Week: 1080