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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Dec 19

    Petition of the day

    Petition of the day
    The petition of the day is: Fox v. Fox 14-435 Issue: Whether, under the Due Process Clause, a state court must have personal jurisdiction over an assailant to award a no-contact order, valid only within that state, to a victim of…
  • Dec 19

    Appeals court: Gun control must meet toughest test

    Appeals court: Gun control must meet toughest test
    Breaking ranks with other federal appeals courts, and probably setting up a major test case for the Supreme Court, the U.S. Court of Appeals for the Sixth Circuit has ruled that laws imposing controls on the personal right to have a gun must…
  • Dec 19

    Court won’t add to delay of Florida same-sex marriage

    Court won’t add to delay of Florida same-sex marriage
    Over the dissents of two Justices, the Supreme Court late Friday afternoon refused to delay — beyond January 5 — a federal judge’s order that would permit same-sex couples in Florida to marry after that day. Neither the…
Rank this Week: 10

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/
  • Dec 12

    eDiscovery Vendor Viability: Comparisons Beyond Technology and Talent

    eDiscovery Vendor Viability: Comparisons Beyond Technology and Talent
    By Rob RobinsonIn an effort to help eDiscovery decision makers evaluate and compare both the immediate and long term success potential of electronic discovery vendors, the following considerations, shared in a formulaic manner to allow…
  • Dec 11

    The Impact Of Privacy Liability (Cartoon and Clip)

    The Impact Of Privacy Liability (Cartoon and Clip)
    The Cartoon and Clip of the Week for December 10, 2014Daily we read, see and hear more and more about the challenges associated with privacy regulation and liability. This week’s cartoon and clip highlights one public example of holiday…
  • Dec 10

    Got the ECM “Bends”? Head About to Explode?

    Got the ECM “Bends”? Head About to Explode?
    By John MartinECM users sometimes have the Info Gov equivalent of the deep sea diving “bends” that occur when divers ascend too quickly after deep dives and the gas that had been compressed in their bodies decompresses causing…
Rank this Week: 30

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 33

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/
  • Oct 24

    Single Event Exception Includes Multiple Events Caused by a Significant Occurance

    Single Event Exception Includes Multiple Events Caused by a Significant Occurance
    Rainbow Gun Club, Inc. v. Denbury Resources, Inc., 2014 WL 869504 (W.D. La. March 5, 2014). In this action, the District Court affirmed a remand order finding that CAFA’s local “single event exception” can include mass…
  • Oct 23

    Only 25% of PAGA Penalties–Sufficient to Satisfy the Amount in Controversy?

    Only 25% of PAGA Penalties–Sufficient to Satisfy the Amount in Controversy?
    Controulis v. Anheuser-Busch, LLC, 2013 WL 6482970 (C.D. Cal. Nov. 20, 2013). The plaintiff, employed as a bottler by the defendant, Anheuser-Busch, LLC, brought an action alleging that the defendant violated California law by including the…
  • Oct 22

    Defendants Must Demonstrate Factual Basis for Amount-in-Controversy Claim

    Defendants Must Demonstrate Factual Basis for Amount-in-Controversy Claim
    Sanchez v. Res-Care, Inc., 2014 WL 807997 (C.D. Cal. Feb. 28, 2014). In this action, the District Court remanded the case to the state court finding that the defendant failed to show by preponderance of evidence that the amount-in-controversy…
Rank this Week: 56

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
Rank this Week: 69

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Dec 15

    “We Do Not Dispense Justice Via The Phone”

    “We Do Not Dispense Justice Via The Phone”
    Last week, while I was waiting for a court conference back in “antechambers” (that is, the part of the judge’s office that isn’t the judge’s actual “chambers”), I spotted this sign, strategically…
  • Nov 23

    Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability

    Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability
      It’s finally here: Tincher v. Omega Flex, the Pennsylvania Supreme Court’s overhaul of strict liability. If you’re unfamiliar with the recent turbulence surrounding strict liability, check out this post of mine from…
  • Nov 21

    Mediation Of A Big Injury Case: A Game Worth Playing?

    Mediation Of A Big Injury Case: A Game Worth Playing?
    A few months ago, in a wrongful death case I have against one of the biggest companies in America, the company’s lawyer asked: will you agree to a mediation?   Our firm founder, Jim Beasley, Sr., had a simple method to mediation:…
Rank this Week: 99

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: 125

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Dec 18

    Seeking Reconsideration of Summary Judgment Motions in Tennessee

    Seeking Reconsideration of Summary Judgment Motions in Tennessee
    In Bilbo v. Ocoee Place Condominium Homeowners Ass’n, No. E2013-02532-COA-R3-CV (Tenn. Ct. App. Dec. 12, 2014), plaintiffs filed suit alleging negligent construction of condos. Defendant HOA filed a motion for summary judgment stating…
  • Dec 15

    Conversion of Motions to Dismiss Into Motions for Summary Judgment

    Conversion of Motions to Dismiss Into Motions for Summary Judgment
               In Tennessee, trial judges are allowed to convert Rule 12 Motions to Dismiss into Motions for Summary Judgment, but this action “should be taken only in rare cases and with meticulous…
  • Dec 2

    Products Liability Statute of Repose and its Exceptions Held to be Constituational

    Products Liability Statute of Repose and its Exceptions Held to be Constituational
    The Tennessee Court of Appeals recently upheld the constitutionality of both the ten-year statute of repose under the Tennessee Products Liability Act (“TPLA”) and the exceptions thereunder for asbestos and silicone gel breast…
Rank this Week: 150

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: 155

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: 178

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Dec 17

    December Mississippi Jury Verdict Reporter Preview

    December Mississippi Jury Verdict Reporter Preview
    Here is a preview of the verdicts detailed in the December issue of the Mississippi Jury Verdict Reporter: $10.5 million verdict- Coahoma County products liability trial mentioned here (9/25/14); $125,000 verdict- Aberdeen federal…
  • Dec 15

    Duck, Duck………

    Duck, Duck………
    Goose!!!! Get it? It’s a goose case. The opening line from Miss. Supreme Court Justice Kitchens’ majority opinion says it all: Janet Olier was attacked and chased by a domestic goose in Donna Bailey’s yard. As she attempted…
  • Dec 8

    Jury Verdict Leaves Rappers Singing the Blue

    Jury Verdict Leaves Rappers Singing the Blue
    The Clarion-Ledger reported last week that former NBA and USM basketball star Clarence Weatherspoon has won a Hinds County lawsuit against two rap artists. From the article: Donald Sharp, a.k.a. “Cadillac Don,” and Tiyon Rogers,…
Rank this Week: 189

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/
  • Dec 16

    Guest Post: Dodson on Twombly Creep in Dart

    Guest Post: Dodson on Twombly Creep in Dart
    Twombly Creep Yesterday’s Supreme Court’s opinion in Dart Cherokee held that a notice of removal need not be accompanied by evidence of the amount in controversy in a CAFA-removal case. The Court split 5-4 on the nerdy question of…
  • Dec 16

    Rosenberg & Spier on Class Action

    Rosenberg & Spier on Class Action
    Now available on the Journal of Legal Analysis website is David Rosenberg and Kathryn Spier’s article, Incentives to Invest in Litigation and the Superiority of the Class Action. Here’s the abstract: We formally demonstrate the general…
  • Dec 15

    SCOTUS Decision in Dart Cherokee: What Must a Notice of Removal Contain? (And More!)

    SCOTUS Decision in Dart Cherokee: What Must a Notice of Removal Contain? (And More!)
    Today the Supreme Court issued a 5-4 decision in Dart Cherokee Basin Operating Co. v. Owens. It’s an interesting breakdown. Justice Ginsburg writes the majority opinion, joined by Roberts, Breyer, Alito, and Sotomayor. The dissenters are…
Rank this Week: 187

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: 202

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/
  • Dec 18

    Executive Session

    Executive Session
    Frequently homeowner association and other nonprofit board of directors announce they are going into “executive session” and close the meeting to only the board. The North Carolina Planned Community Act provides that meetings of…
  • Nov 21

    Can't Give it Away.

    Can't Give it Away.
    I recently had a homeowner’s association question regarding the conveyance of common elements. Basically, the HOA owned property between a small river and about six member lots. The HOA and the rest of the property owners did not have…
  • Nov 7

    Aggravation

    Aggravation
    Only seldom do I have a personal injury case where there was not a doctor or chiropractic visit sometime in the months or years prior to the event sparking the lawsuit. An injured plaintiff can only recover for damages that...
Rank this Week: 215

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 248

Class Action Blog

Class Action Blog

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

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

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

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

    McDonald’s And Other Food Chains May Be Underpaying Employee

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

    Tom’s Natural Toothpaste May Not Actually Be Natural

    Tom’s Natural Toothpaste May Not Actually Be Natural
    Consumers in the U.S. rely on labels that say “natural” when purchasing products such as toothpastes.  Consumers are even willing to pay extra money to buy products that are labeled “natural”.  Unfortunately,…
Rank this Week: 229

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/
  • Dec 19

    Does Tort Law Empower?

    Does Tort Law Empower?
    Ori J. Herstein, How Tort Law Empowers, 64 U. Toronto L.J.___ (2014) (forthcoming), available at SSRN.Anthony SebokOri Herstein’s How Tort Law Empowers takes on the question of whether and how tort law empowers victims.…
  • Dec 18

    The Relevance of Professionalism in a Post-Legal Services Act World

    The Relevance of Professionalism in a Post-Legal Services Act World
    Nick Robinson, When Lawyers Don’t Get All the Profits: Non-Lawyer Ownership of Legal Services, Access, and Professionalism (Harv. Law Sch. Prog. Legal Prof., Research Paper No. 2014-20), available at SSRN.John FloodTo…
  • Dec 17

    The IRS as Tax Law Nonenforcer

    The IRS as Tax Law Nonenforcer
    Lawrence Zelenak, Custom and the Rule of Law in the Administration of the Income Tax, 62 Duke L.J. 829 (2012).Leigh OsofskyIn a recent essay, Custom and the Rule of Law in the Administration of the Income Tax, Larry Zelenak examines…
Rank this Week: 258

Structured Settlements 4Real

Structured Settlements 4Real

Provides structured settlement information, provocative commentary, news and opinion about structured settlements and settlement planning. By John Darer.

http://structuredsettlements.typepad.com/structured_settlements_4r/
  • Dec 18

    EPS Settlements and John Cantwell Dismissed With Prejudice In Florida case

    EPS Settlements and John Cantwell Dismissed With Prejudice In Florida case
    by John Darer CLU ChFC CSSC RSP CLTC A Florida Federal Court judge has granted the motion to dismiss the matter filed by Curtis Moore, et al., against EPS Settlements and John Cantwell, with... This is a content summary only. Please click on…
  • Dec 18

    ELNY Law Suit | Model Periodic Payment of Judgments Act 1980 Standard

    ELNY Law Suit | Model Periodic Payment of Judgments Act 1980 Standard
    Regardless of what happened later, 1980 is a clear benchmark where proponents could argue that A.M. Best "standard" was established because the Model Act (which is MODEL act) ties reliability and... This is a content summary only. Please…
  • Dec 18

    JG Wentworth | After Pat Hindert "Takes Bloom Off Rose" Stock Rises 21.9%

    JG Wentworth | After Pat Hindert "Takes Bloom Off Rose" Stock Rises 21.9%
    Four days after his first meaningful first public poke at JG Wentworth in 10 years of blogging, Patrick Hindert, JG Wentworth (JGWPT) stock has risen 21.9% at time of posting This is a content summary only. Please click on the title for the…
Rank this Week: 253

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/
  • Dec 17

    Detecting Hidden Assets By Putting Tipsters To Work

    Detecting Hidden Assets By Putting Tipsters To Work
    How can one detect assets one is unaware of?  Sometimes by putting tipsters to work and collecting their tips.  These tips may be gathered in a variety of ways.  “An Asset Search, Tax Fraud & Divorce” describes…
  • Dec 2

    Private Investigators: 5 Things To Be Aware Of When Hiring A PI For A Bank Account Search

    Private Investigators: 5 Things To Be Aware Of When Hiring A PI For A Bank Account Search
    This is the first post in my new series about what private investigators can & cannot do legally when searching for hidden assets.  Divorcing spouses, creditors bringing forced collection proceedings, etc., may search for assets by…
  • Oct 30

    Searching For Corruption Proceeds & Other Assets On The Island Of Jersey

    Searching For Corruption Proceeds & Other Assets On The Island Of Jersey
    At Carmelite Chambers International Fraud & Assert Recovery Conference, I met Advocate & English Barrister Stephen Baker of Baker & Partners from St. Helier, Jersey.  During the Conference, Mr. Baker presented his…
Rank this Week: 328

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Dec 16

    Justice Department Leaves Misbranding Case After Trial Victory

    Justice Department Leaves Misbranding Case After Trial Victory
    In a small case hailing from Tennessee, the Justice Department early this week decided to withdraw charges made against a couple convicted of utilizing misbranded drugs in their clinics. Dr. Anindya Kumar Sen and his wife, Patricia Sen,…
  • Dec 16

    Apple Notches Victory on iPod Antitrust Case

    Apple Notches Victory on iPod Antitrust Case
    Early this week, a federal jury handed a Apple Inc. a huge win in the firm’s long-running class action case against claims that the company was in violation of antitrust laws by limiting its competition for its long line of iPod audio…
  • Dec 15

    Sandy Hook Families Gun Filing Suit Against Gun Maker

    Sandy Hook Families Gun Filing Suit Against Gun Maker
    Several families of victims who died and a lone survivor from Sandy Hook Elementary recently filed a wrongful-death lawsuit against a gun maker of the rifle that was used in the massacre. It was a couple years back when Adam Lanza murdered 20…
Rank this Week: 362

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/
  • Dec 5

    More Follow-up to #Ferguson Forum

    More Follow-up to #Ferguson Forum
    During the forum on Tuesday, there was discussion about why Darren Wilson was not interviewed for a few days after shooting Michael Brown. Former U.S. Attorney Jenny Durkan said that many police unions have negotiated a term in their…
  • Dec 4

    Capital Punishment: Race, Poverty, & Disadvantage—Free Online Course

    Capital Punishment: Race, Poverty, & Disadvantage—Free Online Course
    Stephen Bright is president and senior counsel at the Southern Center for Human Rights, a public interest law program that deals with human rights in the criminal justice and prison systems. He has also been a visiting lecturer or fellow at…
  • Dec 2

    UW Law Forum on #Ferguson

    UW Law Forum on #Ferguson
    This afternoon attorney Jeffery Robinson led a discussion on the events in Ferguson, MO—the killing of Michael Brown last summer, the grand jury this fall, and the protests in Ferguson and around the country—and the larger issues…
Rank this Week: 360

A Buffalo Lawyer

A Buffalo Lawyer

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

http://abuffalolawyer.blogspot.com/
Rank this Week: 430

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/
  • Dec 19

    Cinematic dissent from denial of review

    Cinematic dissent from denial of review
    Justice Willett of the Texas Supreme Court pens this must-read dissent from the denial of review.And just as in the movie he repeatedly references, you'll enjoy it most if you stay with it to the very end....Also of note: Lawyer who filed…
  • Dec 18

    Judge Berzon on Justice Brennan

    Judge Berzon on Justice Brennan
    On January 22 at the Biltmore in downtown LA, LACBA's Labor & Employment Law Section presents a dinner/MCLE program: Justice Brennan's Labor & Employment Jurisprudence: Will We See the Like Again?Justice William J. Brennan, the…
  • Dec 18

    3 Questions for the hiring of appellate counsel

    3 Questions for the hiring of appellate counsel
    On Law360, H&L's David Axelrad offer some client-centered advice in 3 Questions To Ask Yourself Before Hiring Appellate Counsel. Every good appellate lawyer should (1) be able to help build and preserve the record; (2) know…
Rank this Week: 520

eDiscovery Daily Blog

eDiscovery Daily Blog

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

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

    What I Want for Christmas - eDiscovery Wish List

    What I Want for Christmas - eDiscovery Wish List
    With over 1,070 posts since September 20, 2010, we’ve had a lot to say about eDiscovery over 4+ years. However, we’ve never published a Christmas wish list of what we’d like to see happen in eDiscovery over the next year,…
  • Dec 17

    December Case Law Pop Quiz Answers! - eDiscovery Case Law

    December Case Law Pop Quiz Answers! - eDiscovery Case Law
    Yesterday, we gave you a pop quiz for the eDiscovery case law that we’ve covered since late October. If you’re reading the blog each day, these questions should be easy! Let's see how you did. Here are the…
  • Dec 16

    December Case Law Pop Quiz! - eDiscovery Case Law

    December Case Law Pop Quiz! - eDiscovery Case Law
    We have time for one more case law pop quiz before the end of the year – this one is customized to the case law that we’ve covered since late October. If you’re reading the blog each day, these questions should be easy! If…
Rank this Week: 449

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Nov 3

    Make Sure Your Vital Information Doesn’t Die When You Do

    Make Sure Your Vital Information Doesn’t Die When You Do
    Twenty years ago, we always told our clients to make an inventory of their important information, give a copy to a child or trusted family member and leave a copy in a secure place for safekeeping. It’s amazing how much has changed in…
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don't really have a good explanation for this. I usually ask at this point which…
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don’t really have a good explanation for this. I usually ask at this point which…
Rank this Week: 444

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 473

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: 441

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Dec 19

    Home Depot Data Breach Moves to MDL

    Home Depot Data Breach Moves to MDL
    The September 8th announcement by Home Depot that approximately 56 million customer credit and debit accounts had been exposed to hackers has resulted in a wellspring of lawsuits against the...The post Home Depot Data Breach Moves to MDL…
  • Dec 19

    Daubert Challenges – A Professional Perspective

    Daubert Challenges – A Professional Perspective
    Since Daubert v. Merrell Dow Pharmaceuticals in 1993, the Frye “general acceptance” test has been superceded by the newer Daubert standard for the admissibility of expert evidence on the federal level and…
  • Dec 19

    Writing an Expert Witness Report

    Writing an Expert Witness Report
    As a new expert witness, one of the most confusing – and important – elements of your expert witness testimony will be your expert witness report. While a good attorney...The post Writing an Expert Witness Report appeared first on…
Rank this Week: 572

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Dec 19

    THANKS AND BEST WISHES FOR THE HOLIDAYS TO YOU

    THANKS AND BEST WISHES FOR THE HOLIDAYS TO YOU
      HAPPY HOLIDAYS  FROM TORT TALK.COM(i.e., DAN CUMMINS)  [THANKS FOR YOUR READERSHIP AND SUPPORT.]      Source of image :  www.blakedorsten.com
  • Dec 17

    "Did Your Attorney Refer You to that Doctor?"

    "Did Your Attorney Refer You to that Doctor?"
    A Dynamic Duo(Could be on either side of the bar)In a recent Delaware County Court of Common Pleas decision in the case of English v. Stepchin, No. CP-23-CV-786-2014, 101 Del. 424 (C.P. Del. Co. Nov. 12, 2014 Kenney, P.J.), President Judge…
  • Dec 16

    PA Supreme Court Upholds Assignment of Rights in Excess Bad Faith Claim

    PA Supreme Court Upholds Assignment of Rights in Excess Bad Faith Claim
    Tort Talkers may recall previous posts on the case of Allstate Ins. Co. v. Wolfe, in which the Pennsylvania Supreme Court accepted an issue to review on certification of a matter from the U.S. Third Circuit Court of Appeals who was seeking…
Rank this Week: 703

Class Action Blog

Class Action Blog

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

http://www.cfjblaw.com/classactionblog/blog.aspx
Rank this Week: 653

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
  • Dec 17

    More Obstacles for Food Labeling Class Action

    More Obstacles for Food Labeling Class Action
    The Ninth Circuit is poised to address the implicit “ascertainability” requirement for class actions in Jones v. ConAgra Foods, Inc., No 14-16327 (9th Cir.). Briefing is underway in that matter in which the district court denied…
  • Dec 16

    Supreme Court to determine if Time Spent by Employees in Security Check is Compensable

    Supreme Court to determine if Time Spent by Employees in Security Check is Compensable
    The U.S. Supreme Court has granted review of Integrity Staffing Solutions v. Busk to determine whether time spent by employees in a security check line constitutes work and is therefore compensable. The case was brought by employees of…
  • Dec 8

    What is the Impact of The Affordable Care Act on Future Medical Expenses?

    What is the Impact of The Affordable Care Act on Future Medical Expenses?
    Catastrophic injury cases with expensive life care plans pose significant exposure issues to our clients. The Affordable Care Act guarantees consumers the right to purchase health insurance and caps annual out-of-pocket medical expenditure,…
Rank this Week: 611

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Dec 16

    School Security Expert Witness On School Shootings Part 1

    School Security Expert Witness On School Shootings Part 1
    In Ten Lessons Learned From the Sandy Hook School Shootings, school security expert witness Ken Trump, MPA, President of National School Safety and Security Services writes:Our team’s analysis of the Sandy Hook Final Report released by…
  • Dec 13

    Police Procedures Expert Witness Testifies In Fatal Shooting Case

    Police Procedures Expert Witness Testifies In Fatal Shooting Case
    Police procedures expert witness Ron Martinelli, Ph.D., B.C.F.T., C.F.A., C.L.S., testified in the Missoula, MT, homicide case against Markus Kaarma. The defendant is accused of fatally shooting German foreign exchange student, Diren Dede. …
  • Dec 8

    Emergency Preparedness Expert Witness On First Aid Teams Part 1

    Emergency Preparedness Expert Witness On First Aid Teams Part 1
    In First Aid Teams, emergency preparedness expert witness Michael J. Ryan, principal at First Aid Depot, asks the question, “Does your organization need a First Aid Team?” When you look at the issue of a First Aid Team some…
Rank this Week: 571

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: 548

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Dec 1

    Illinois Brick Goes Global

    Illinois Brick Goes Global
    Dear Blawgletterati: A rebuke Drop dead, the Seventh Circuit on November 26 told U.S. firms that want to collect treble damages under the Sherman Act for fixing prices on their foreign subs' purchases overseas. Either have your subs buy…
  • Nov 17

    Would You Watch an Ad to Read this Post? Another Patent Fails Alice Corp.'s Airy Test for Unpatentable "Abstract Ideas"

    Would You Watch an Ad to Read this Post? Another Patent Fails Alice Corp.'s Airy Test for Unpatentable "Abstract Ideas"
    A whiter shade of pale Patents that define ways to make money through commerce on the Internet never have gotten much respect. In the last year, a series of rulings by the Federal Circuit and the Supreme Court bled much...
  • Nov 10

    Twombly's Remorse?

    Twombly's Remorse?
    Has the United States Supreme Court backed away from its landmark toughening of the test for pleading a claim in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)? The signs point to yes. Sort of. Twombly's record Counting today's...
Rank this Week: 642

The Appellate Gourmet (c)

The Appellate Gourmet (c)

Covers the many flavors of appellate issues and law. By Dorothy Easley.

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 564

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
  • Oct 19

    A Call for More Consumer Protection Against Factoring

    A Call for More Consumer Protection Against Factoring
    There is cause for concern about factoring companies offering quick cash for structured settlement payments that fall short of the total value of a structured settlement over a claimant’s lifetime. This is particularly worrisome in the…
  • Oct 6

    Inside Next Step Bionics & Prosthetic

    Inside Next Step Bionics & Prosthetic
    After a serious injury requiring an amputation, there is not only a physical impact on the individual, but an emotional one. On Ringler Radio, host, Larry Cohen and his co-host, Jim Early join special guest, Matthew Albuquerque, founder and…
  • Sep 21

    Litigation Surrounding Driver Fatigue

    Litigation Surrounding Driver Fatigue
    According to the National Highway Traffic Safety Administration, truck driver fatigue is a contributing factor in as many as 30-40% of all crashes involving heavy trucks. Join Ringler Radio host, Larry Cohen, co-host,  John Muir, Esq.…
Rank this Week: 600

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Sep 2

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)
    SecondCircuitMap.png In mortgage fraud prosecution, government provided oral notice of its intent to introduce self-authenticating business records but failed to provide written notice as required under FRE 902(11); Second…
  • Sep 1

    Celebrating Labor Day

    Celebrating Labor Day
    Flags.JPG The Federal Evidence Blog returns on Tuesday, September 2, 2014. Enjoy the Labor Day holiday. Labor Day is celebrated on the first Monday in September. See 5 U.S.C. § 6103 (federal holidays).
  • Aug 29

    Bursting The Mailbox Rule Presumption

    Bursting The Mailbox Rule Presumption
    Mailbox.jpg Third Circuit considers the operation of the mailbox rule presumption under FRE 301 and the circumstances in which the presumption may be rebutted; circuit distinguishes between strong and weak presumptions;…
Rank this Week: 583

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: 618

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: 593

Austin Personal Injury Blog

Austin Personal Injury Blog

Litigation and injury news, cases and commentary. By Perlmutter & Schuelke, LLP.

http://www.civtrial.com/blog/
  • Jun 12

    Do Personal Injury Lawyers Make A Difference?

    Do Personal Injury Lawyers Make A Difference?
    One of my favorite things is disbursements — giving clients their checks from settlements or judgments. Today, I’m making disbursements in a settlement of a car wreck case, and the case is an example of how personal injury lawyers can…
  • Jun 12

    Eagle Ford Shale and Trucking Accident

    Eagle Ford Shale and Trucking Accident
    The past two weekends, I’ve had to make working trips to the Texas coast (and I didn’t even see the beach on either trip).  The one thing that struck me on the drives was the increase in traffic, especially trucking traffic.
  • Jun 11

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie
    Austin’s annual Republic of Texas (ROT) Rally has come and gone, and again we’ve had too many motorcycle fatalities.   This year, three motorcyclists were killed during the weekend. In the first incident, a rider crashed into a…
Rank this Week: 582

Delaware Business Litigation…

Delaware Business Litigation Report

Offers case summaries of Delaware court decisions in business-related litigation. By Morris James.

http://www.delawarebusinesslitigation.com/
  • Dec 31

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim
    Silverberg v. Gold, C.A. 7646-VCP (December 31, 2013) Under Delaware law, a so-called Brophy claim seeks to recover the profits made by trading on insider information. Showing that material insider information was available is not…
  • Dec 31

    Court Of Chancery Denies Advancement For Predecessor Liability

    Court Of Chancery Denies Advancement For Predecessor Liability
    Grace v. Ashbridge LLC, C.A. 8348-VCN (December 31, 2013) In general, a successor entity is not liable for its predecessor's obligations when there has been a fundamental change in the identity of the entity.  Here, the Court held…
  • Dec 17

    Has the Chancery Court Created a New Tort?

    Has the Chancery Court Created a New Tort?
    Authored By Edward M. McNally This article was originally published in the Delaware Business Court Insider | December 17, 2014 A recent decision by the Delaware Court of Chancery may have plowed fresh ground by…
Rank this Week: 846

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Dec 19

    FL Updates Instructions on Use of Electronic Devices by Juror

    FL Updates Instructions on Use of Electronic Devices by Juror
    Florida has recently updated its instructions on the use of electronic devices by jurors. I like these updates because they provide the all important "why." As I have stated numerous times before, if you want jurors to buy-in to…
  • Dec 18

    Stealth Juror

    Stealth Juror
    Lawyers for Aaron Hernandez, the former professional football player now on trial for the murder of Odin Loyd, want the court to grant them additional peremptory challenges. The defense attorneys claim that they need the additional…
  • Dec 17

    More Criticism of the Illinois Jury Bill

    More Criticism of the Illinois Jury Bill
    Another Illinois newspaper comes out against the Illinois jury bill that is awaiting the signature of Governor Quinn. Yesterday it was the Chicago Tribune, today it is the Rockford Register Star. Rockford Register Star. Our View: Pay hike for…
Rank this Week: 1023

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 19

    Supplemental Jurisdiction Found Over Disparagement & Defamation Claim

    Supplemental Jurisdiction Found Over Disparagement & Defamation Claim
    DR Distributors, LLC v. 21 Century Smoking, Inc., No. 12 C 50324, Slip Op. (N.D. Ill. Nov. 20, 2014) (Johnston, Mag. J.). Judge Johnston granted defendant’s motion to amend adding state law disparagement and defamation claims in this…
  • Dec 17

    Court Sua Sponte Strikes Portions of Answer

    Court Sua Sponte Strikes Portions of Answer
    Vogue Tyre & Rubber Co. v. Mendez, No. 14 C 5839, Slip Op. (N.D. Ill. Oct. 27, 2014) (Shadur, Sen. J.). Judge Shadur sua sponte struck portions of defendant’s answer and dismissed certain affirmative defenses as follows: The Court…
  • Dec 12

    District Court Claim Constructions Not Controlling

    District Court Claim Constructions Not Controlling
    Costar Realty Info., Inc. v. CIVIX-DDI, LLC, Nos. 12 C 4968, 7091 & 8632, Slip Op. (N.D. Ill. Sep. 23, 2013) (Holderman, Sen. J.). Judge Holderman construed the disputed claim terms in this patent case involving methods of locating points…
Rank this Week: 759

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Dec 19

    Simple Jury Persuasion: You are loved and cared for

    Simple Jury Persuasion: You are loved and cared for
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, today is the last day to vote for us here in the Litigation Category. Is this perhaps the anti-reptile theory? We don’t know,…
  • Dec 17

    Same sex marriage is okay but please, no PDA!

    Same sex marriage is okay but please, no PDA!
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita We’ve blogged a…
  • Dec 15

    Are you a murdered white female? Here is some small comfort!

    Are you a murdered white female? Here is some small comfort!
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita If you are a murdered…
Rank this Week: 808

Oregon Business Litigation

Oregon Business Litigation

Resource for in-house counsel, business executives, human resource managers and others who monitor litigation and legal issues affecting Oregon businesses. By Ater Wynne.

http://www.aterwynneblog.com/oregon_business_litigatio/
  • Dec 16

    Oregon Supreme Court refines the "same nine" rule for jury verdict

    Oregon Supreme Court refines the "same nine" rule for jury verdict
    The Oregon Constitution and Oregon Rule of Civil Procedure 59G(2) both state that "in civil cases three-fourths of the jury may render a verdict." The "same nine" rule requires that, if the questions presented to a jury are interdependent…
  • Oct 9

    Oregon Supreme Court on statutory immunity of LLC members and manager

    Oregon Supreme Court on statutory immunity of LLC members and manager
    Members and managers of a limited liability company are shielded from vicarious liability for the LLC's torts, but can be held personally liable if they either knew of the tortious acts or participated in them. That was the conclusion of...
  • Oct 8

    Oregon Court of Appeals recognizes the inconvenient-forum doctrine

    Oregon Court of Appeals recognizes the inconvenient-forum doctrine
    Addressing an issue of first impression, the Oregon Court of Appeals today held that the inconvenient-forum doctrine, or forum non conveniens, is available as a basis to dismiss a lawsuit in state court. In Espinoza v. Evergreen Helicopters,…
Rank this Week: 848