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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Jun 22

    Petition of the day

    Petition of the day
    The petition of the day is: Town of East Hampton, New York v. Friends of the East Hampton Airport, Inc. 16-1070 Issues: (1) Whether equity jurisdiction allows a private plaintiff to obtain an injunction for non-compliance with the…
  • Jun 22

    And then there were nine – the remaining decision

    And then there were nine – the remaining decision
    The justices are expected to take the bench tomorrow at 10 a.m. to issue opinions in argued cases. There are nine decisions still outstanding, involving everything from cross-border shootings and property rights to the death penalty and…
  • Jun 22

    Opinion analysis: Courtroom closure error requires prejudice on collateral ineffective-assistance review

    Opinion analysis: Courtroom closure error requires prejudice on collateral ineffective-assistance review
    In a narrow and analytically useful opinion this morning, the Supreme Court ruled 7-2 that a courtroom closure error that is not raised until collateral attack via an ineffective-assistance claim does not require automatic reversal despite…
Rank this Week: 10

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 25

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: 24

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/
Rank this Week: 38

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: 55

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Jun 1

    Free Speech And Trump Tweets: When Twitter Is A Limited Public Forum

    Free Speech And Trump Tweets: When Twitter Is A Limited Public Forum
          While in the White House, Donald Trump’s personal twitter timeline, @realDonaldTrump, remains a key method by which he communicates with the public. He uses it to conduct foreign policy, to urge specific action by…
  • Apr 26

    Goodyear v. Haeger: The Supreme Court Muddles Sanctions Law Again

    Goodyear v. Haeger: The Supreme Court Muddles Sanctions Law Again
    Earlier this month the Supreme Court decided Goodyear Tire & Rubber Co. v. Haeger et al., a case I wrote about way back in 2012 involving the scope of sanctions (including attorney’s fees) available when a party to a lawsuit…
  • Mar 19

    Is Judge Gorsuch Really Committed To Legal Textualism?

    Is Judge Gorsuch Really Committed To Legal Textualism?
    Judge Gorsuch’s confirmation hearing for his nomination to the United States Supreme Court begins today. He has been called “an originalist and a textualist,” someone with a “strong commitment to textualism.” He…
Rank this Week: 70

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: 81

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Jun 22

    Case Remanded For Entry of Order that States Reasons for Ruling

    Case Remanded For Entry of Order that States Reasons for Ruling
    In a recent negligence case, the Court of Appeals vacated summary judgment due to the trial court’s failure to explain the basis upon which summary judgment was granted, and it remanded the case with directions for an order that met the…
  • Jun 19

    61% Remittitur Affirmed in Tennessee Injury Case

    61% Remittitur Affirmed in Tennessee Injury Case
    In West v. Epiphany Salon & Day Spa, LLC, No. E2016-01860-COA-R3-CV (Tenn. Ct. App. April 25, 2017), the Court of Appeals affirmed a large remittitur in a negligence case, reducing the jury’s award by over 61%. Plaintiff had gone to…
  • Jun 16

    No Proof of Causation where Cause of Fire Not Identified

    No Proof of Causation where Cause of Fire Not Identified
    The Tennessee Supreme Court recently held that a contractor and subcontractor were not liable in a case where a partially constructed home burned, but the cause of the fire could not be pinpointed. In Jenkins v. Big City Remodeling, No.…
Rank this Week: 90

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 110

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: 112

Tort Talk

Tort Talk

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

http://www.torttalk.com/
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/
  • Aug 21

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.
    The August 5th Bloomberg article “This Company Has Built a Profile on Every American Adult,” brings up IDI,Inc. The article suggests that IDI has built a profile about you on its idiCore database. Private…
  • Jul 25

    Divorce & Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset

    Divorce & Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset
    Plastic surgeon Michael D. Brandner & business owner Goderick Augustus Benjamin were accused of committing federal crimes & hiding assets from their wives. Like Dr. Brandner & Mr. Benjamin, Steven Zinnel was a divorcing…
  • Jul 4

    A Laundry List For An Asset Search

    A Laundry List For An Asset Search
    Governmental authorities follow money trails in order to interdict assets hidden by narco-traffickers; money launderers; Ponzi schemers; tax fraudsters & other determined criminals. During your asset search, you can similarly follow…
Rank this Week: 153

Jeff Vail

Jeff Vail

Covers litigation checklists, litigation knowledge management, strategy, and the future of litigation.

http://www.jeffvail.net/
  • Feb 6

    Colorado Litigation Report

    Colorado Litigation Report
    Take a look at the Colorado Litigation Report, a site with very useful, short summaries of Colorado appellate opinions (best of all, published on a very regular basis, unlike this blog of late...  but soon to change).
  • Jul 19

    The Oil Drum

    The Oil Drum
    Sadly, one of my favorite websites (and a website where I was previously a contributing author), www.theoildrum.com, is shutting down (actually converting to an archive, there will just be no new content).  There are a variety of reasons…
  • Dec 27

    Preserving ESI on Twitter

    Preserving ESI on Twitter
    Once litigation is “reasonably anticipated,” parties have an obligation to preserve all potentially relevant material.  That obligation extends to information reasonably under a party’s control, even if it is not…
Rank this Week: 144

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/
  • Jun 22

    Effron on Privatized Procedure and Judicial Discretion

    Effron on Privatized Procedure and Judicial Discretion
    I have posted my newest article, "Ousted: The New Dynamics of Privatized Procedure and Judicial Discretion" to SSRN. In litigation days of old, American courts jealously guarded their procedural powers through the doctrine of…
  • Jun 22

    Leong on Mika on Gender Disparity of Supreme Court Advocate

    Leong on Mika on Gender Disparity of Supreme Court Advocate
    Now on the Courts Law section of JOTWELL is Nancy Leong’s essay, On Gender Disparity and Dialogue. Nancy review’s Jennifer Mika’s recent article, The Noteworthy Absence of Women Advocates at the United States Supreme Court, 25 Amer. U.…
  • Jun 20

    SCOTUS Decision in Ziglar v. Abbasi

    SCOTUS Decision in Ziglar v. Abbasi
    Yesterday the Supreme Court issued its decision in Ziglar v. Abbasi, covered earlier here and here. By a 4-2 vote, the Court reversed the Second Circuit and ordered the dismissal of most of the plaintiffs’ claims that they were subjected...
Rank this Week: 189

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Jun 19

    Administrators Have To Behave

    Administrators Have To Behave
    Today’s New York Daily News reports the tale of a brawl with potentially  wide-reaching implications for the Administrator of a New York County Estate. The administrator of the 3.1 million dollar estate was arrested for a brawl…
  • Jun 8

    Surrogate Upholds Trustee’s Discretion In Making Distribution

    Surrogate Upholds Trustee’s Discretion In Making Distribution
    In the Matter of Reuben Hoppenstein, No. 2015-2918/A (N.Y. Sur. Mar. 31, 2017) the New York County Surrogate ruled as appropriate the distribution of a life insurance policy to a new trust which eliminated certain beneficiaries of the…
  • Jun 8

    Surrogate Upholds Trustee’s Discretion In Making Distribution

    Surrogate Upholds Trustee’s Discretion In Making Distribution
    In the Matter of Reuben Hoppenstein, No. 2015-2918/A (N.Y. Sur. Mar. 31, 2017) the New York County Surrogate ruled as appropriate the distribution of a life insurance policy to a new trust which eliminated certain beneficiaries of the…
Rank this Week: 277

ICT for Peacebuilding

ICT for Peacebuilding

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

http://ict4peace.wordpress.com
  • Jun 14

    Communication projects, campaigns & websites on peace, constitutionalism, rights, governance & democracy

    Communication projects, campaigns & websites on peace, constitutionalism, rights, governance & democracy
    Compiled for the Centre for Policy Alternatives a list of websites around communications campaigns, advertisements, projects, websites and various other initiatives I’ve designed, developed or gave input into over the past couple of…
  • Jun 12

    Address at Online Dispute Resolution Forum 2017

    Address at Online Dispute Resolution Forum 2017
    I couldn’t make it to Paris, but managed despite some technical hiccups to be present virtually at the Online Dispute Resolution 2017 Forum through Skype Video. The agenda can be downloaded as a PDF from here. I made a few overarching…
  • Jun 5

    Short memories, Doppler radar & disasters in Sri Lanka

    Short memories, Doppler radar & disasters in Sri Lanka
    An article published by renowned journalist Amantha Perera on IRIN today triggered a series of tweets over @groundviews around how officials in successive governments have lied to citizens around investments in life-saving technologies.…
Rank this Week: 298

Tennessee Defense Litigation

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/
Rank this Week: 272

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: 215

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 438

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Jun 21

    Pennsylvania PERS Reform Shows Where This is Going

    Pennsylvania PERS Reform Shows Where This is Going
    Last week the WSJ (paywall) reported on Pennsylvania’s PERS reform legislation. Not surprisingly, the reform moves toward 401(k) type retirement benefits as opposed to the soon-to-be-extinct pension system. From the article: The…
  • Jun 19

    June Miss. Jury Verdict Reporter Preview

    June Miss. Jury Verdict Reporter Preview
    Here is a preview of the June 2017 issue of the Miss. Jury Verdict Reporter: $6,504,451 bench verdict- Hinds County Chancery Court (Judge Wise) breach of trust case (4/13/17); $5,947,879 verdict- Gulfport federal court admitted liability…
  • Jun 14

    Remote Work Has Arrived in the Legal World

    Remote Work Has Arrived in the Legal World
    The WSJ had an article [paywall] last week about  the number of Americans working remotely rising to 20% as part of an inexorable trend. The legal world is in front of that trend. I recently saw a stat that 43% of attorneys work…
Rank this Week: 479

Appellate Advocacy Blog

Appellate Advocacy Blog

Edited by David R. Cleveland, Kendall D. Isaac, Tonya Kowalski, Elizabeth Berenguer Megale and Randall L. Hodgkinson.

http://lawprofessors.typepad.com/appellate_advocacy/
  • Jun 20

    #TwitterTuesday--Themeless in Arizona

    #TwitterTuesday--Themeless in Arizona
    Welcome to #TwitterTuesday. Alas, I have no great theme today. But, I do have three great Twitter feeds that you can follow! Ross Guberman (@legalwritingpro) is the author of several books on legal writing, including Point Made: How to…
  • Jun 19

    Should the Justices Cancel Their Summer Plans?

    Should the Justices Cancel Their Summer Plans?
    Under the Rule 10 of the Supreme Court Rules, the Court will only grant a petition for a writ of certiorari for “compelling reasons.” In Rule 10, the Court provides three examples that “indicate the character of the reasons” that...
  • Jun 15

    Justice Gorsuch's first Supreme Court opinion is unanimou

    Justice Gorsuch's first Supreme Court opinion is unanimou
    This week, the newest justice on the United States Supreme Court issued his first authored opinion, Henson v. Santander Consumer USA Inc. The topic was debt collection, perhaps not a scintillating topic for most, but Justice Gorsuch opened…
Rank this Week: 316

the complex litigator

the complex litigator

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

http://thecomplexlitigator.com/post-data/
  • Jun 19

    DOJ switches teams in NLRB v. Murphy Oil

    DOJ switches teams in NLRB v. Murphy Oil
    The DOJ announced on Friday, June 16, 2017, that it was reversing its position on the validity of class action waivers in arbitration agreements and would file an amicus brief in support of the employer's position in NLRB v. Murphy Oil.…
  • Mar 22

    Briefs on the merits are available in Troester v. Starbuck

    Briefs on the merits are available in Troester v. Starbuck
    Briefing on the merits is complete in Troester v. Starbucks Corporation (S234969).  The California Supreme Court granted the Ninth Circuit's request to decide an issue of California law.  The issue, taken from the California…
  • Mar 17

    A rest break says what? Vaquero v. Stoneledge Furniture LLC holds that commission-only pay employees must be paid separately for rest periods.

    A rest break says what? Vaquero v. Stoneledge Furniture LLC holds that commission-only pay employees must be paid separately for rest periods.
    California is the wage and hour gift that keeps on giving.  And if you thought every wage and hour question must have been answered by now....well....the naivete is charming.  A few weeks ago, in Vaquero v. Stoneledge Furniture LLC…
Rank this Week: 355

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: 365

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Jun 13

    TC Heartland: The More Things Change, the More They Stay the Same

    TC Heartland: The More Things Change, the More They Stay the Same
    I have made it a practice not to immediately blog about big Supreme Court cases. While there is a rush to be the first to publish, I have found that there is a significant difference in the value between immediate analysis and analysis after…
  • May 26

    Court May Consider Both Sides’ Conduct in Exceptional Case Analysi

    Court May Consider Both Sides’ Conduct in Exceptional Case Analysi
    Snap-On Inc. v. Robert Bosch LLC, No. 09 C 6914, Slip Op. (N.D. Ill. Apr. 28, 2016) (Shah, J.). Judge Shah denied defendants’ (collectively “Bosch”) 35 USC § 285 motion for attorney’s fees in this patent dispute…
  • May 24

    Filing Patents Does Not Create Jurisdiction Outside of the E.D. Virginia

    Filing Patents Does Not Create Jurisdiction Outside of the E.D. Virginia
    Torrent Pharma. Ltd. V. Daiichi Sankyo, Inc., No. 16 C 2988, 3956 & 4876, Slip Op. (N.D. Ill. Jul. 25, 2016) (Pallmeyer, J.). Judge Pallmeyer granted declaratory judgment defendants’ Fed. R. Civ. P. 12(b) motion to dismiss for lack…
Rank this Week: 382

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: 429

Beyond Structured Settlements

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/
  • May 10

    NSSTA 2017 Annual Conference

    NSSTA 2017 Annual Conference
    When Len Blonder was elevated to the role of President of the National Structured Settlement Trade Association (NSSTA) for an unprecedented third time during NSSTA's 2016 Annual Conference, he identified a very clear vision for the structured…
  • Apr 17

    ASNP 2017 Annual Conference

    ASNP 2017 Annual Conference
    For the past 11 years, the Academy of Special Needs Planners (ASNP) annual conferences have consistently improved the educational scope and standards for an expanding professional landscape which, in addition to, and overlapping with, special…
  • Mar 20

    SSP 2017 Annual Conference

    SSP 2017 Annual Conference
    Although the Society of Settlement Planners (SSP) was founded in 2000, the term "settlement planner" is still viewed by many structured settlement stakeholders as an inflated synonym for "plaintiff broker". Current SSP President Joseph Tombs…
Rank this Week: 447

California Business Litigation…

California Business Litigation Attorney Blog

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

http://www.californiabusinesslitigationattorneyblog.com/
Rank this Week: 505

Litigation & Dispute Resolution…

Litigation & Dispute Resolution Blog

Covers case law and current events relevant to civil litigation in Canada. By Davis LLP.

http://www.davis.ca/en/blog/litigation/
Rank this Week: 313

Federal Civil Practice Bulletin

Federal Civil Practice Bulletin

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

http://federalcivilpracticebulletin.blogspot.com/
Rank this Week: 459

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: 373

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: 480

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: 458

Litigation PostScript

Litigation PostScript

Provides information and practical tips on legal persuasion spanning pretrial and trial phases, for jury, bench and arbitration settings. By Persuasion Strategies.

http://www.litigationps.com/litigation_postscript_per/
  • Jun 22

    Expect Facts to Be Favored When They Fit the Frame

    Expect Facts to Be Favored When They Fit the Frame
    By Dr. Ken Broda-Bahm: On June 5th, three men used a van and knives to conduct an attack on pedestrians near the London Bridge and Borough Market. Just one week later, another man used a van in an attack on people leaving a mosque near…
  • Jun 19

    Brown Cows and Chocolate Milk: Account for Rational Ignorance

    Brown Cows and Chocolate Milk: Account for Rational Ignorance
    By Dr. Ken Broda-Bahm: File this in the category of, "I didn't realize just how uninformed some people are," a new survey makes the claim that seven percent of American adults believe that chocolate milk comes from brown cows. The…
  • Jun 15

    Don't Let Anti-Lawyer Assumptions Keep You Out of the Courtroom

    Don't Let Anti-Lawyer Assumptions Keep You Out of the Courtroom
    By Dr. Ken Broda-Bahm: It's an occupational hazard: If you're a lawyer, then you're going to hear lawyer jokes. One that I'm fond of is, "There is really only one lawyer joke...all of the rest are true." That one was used…
Rank this Week: 837

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
  • Jun 22

    Court’s Informal Summer Recess.

    Court’s Informal Summer Recess.
    Yesterday’s oral arguments—June 21, 2017—were the last set of oral arguments posted on the Court’s Oral Argument Calendar. In recent years, the Court has not been hearing oral arguments during the summer, usually until…
  • Jun 16

    An Update on Brandon Moore’s case.

    An Update on Brandon Moore’s case.
    On December 22, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Moore, Slip Opinion No. 2016-Ohio-8288. In a 4-3 opinion written by now-retired Justice Paul Pfeifer, the court held that a term-of-years prison…
  • Jun 13

    Oral Argument Preview: What Does It Mean to “Willfully Abandon” a Mother During Her Pregnancy? In the Matter of: The Adoption of P.L.H.

    Oral Argument Preview: What Does It Mean to “Willfully Abandon” a Mother During Her Pregnancy? In the Matter of: The Adoption of P.L.H.
    On June 21, 2017, the Supreme Court of Ohio will hear oral argument in the case of In the Matter of: The Adoption of P.L.H., 2107-0173. At issue in this case is whether the putative father willfully abandoned the … Continue reading…
Rank this Week: 530

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 739

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
  • Jun 21

    A How-To Guide for Determining Whether a Contract is Maritime

    A How-To Guide for Determining Whether a Contract is Maritime
    By Daniel B. Stanton In the recent U.S. Fifth Circuit case of In re Larry Doiron, Inc., 849 F.3d 602 (5th Cir. 2017), the Court considered an often pivotal question in many offshore personal injury cases: is the contract governing the…
  • Jun 20

    U.S. 5th Circuit Highlights Chasm Between Seaman Classification Under Jones Act and FLSA

    U.S. 5th Circuit Highlights Chasm Between Seaman Classification Under Jones Act and FLSA
    By Zoe Vermeulen In the recent case of Halle v. Galliano Marine Service, L.L.C., No. 16-30558, 2017 WL 1399697 (5th Cir. Apr. 19, 2017) the U.S. Fifth Circuit addressed for the first time whether ROV technicians, who are traditionally Jones…
  • Jun 12

    EPA Administrator Signs Rule Delaying the Effective Date of RMP Rule

    EPA Administrator Signs Rule Delaying the Effective Date of RMP Rule
    By Lee Vail On June, 9, 2017, Scott Pruitt signed a final rule  delaying the effective date of the RMP rule until February 19, 2019. The Environmental Protection Agency” (“EPA”) stated that it had received 54,117 public…
Rank this Week: 1014

Special Situations Law

Special Situations Law

By Norton Rose Fulbright. Covers shareholder activist and defence mandates, as well as complex reorganization transactions.

http://www.specialsituationslaw.com/
Rank this Week: 1013

Kentucky Court Report

Kentucky Court Report

Provides updates of decisions, argument calendars, news and developments for the Supreme Court of Kentucky and Kentucky Court of Appeals. By Michael Stevens.

http://kycourtreport.com/
  • Jun 17

    COA: June 9, 2017 Court of Appeals Decisions (Minutes)

    COA: June 9, 2017 Court of Appeals Decisions (Minutes)
    PUBLISHED DECISIONS: 478.  Affirmed family court’s designation and division of stock acquired by wife during her employment Dotson v. Dotson 499.  Criminal Law.  Affirmed trial court’s denial of new trial as not…
  • Jun 15

    COA: June 2, 2017 Court of Appeals Decisions (Minutes)

    COA: June 2, 2017 Court of Appeals Decisions (Minutes)
    PUBLISHED DECISIONS: 478.  Affirmed jury verdict dismissing claims  of battery and false imprisonment against police officer Brown v. Fournier 490.  Affirmed termination of parental rights R.(M.P.) v Cabinet for Health and…
  • Jun 13

    COA: May 26, 2017 Court of Appeals Decisions (Minutes)

    COA: May 26, 2017 Court of Appeals Decisions (Minutes)
    PUBLISHED DECISIONS: 459.  Easement dispute between neighbors Vorherr v. Coldiron 460.  Business law.  contract dispute between builders and subs Mid-South Drywall, Inc. v. 2001 Bryant Road, LLC Selected cases that were not…
Rank this Week: 631

The Courtroom Insight Blog

The Courtroom Insight Blog

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

http://blog.courtroominsight.com/
  • Jun 16

    LexisNexis and Ravel Law will offer new level of analytics to legal community

    LexisNexis and Ravel Law will offer new level of analytics to legal community
    On June 8th, LexisNexis announced the acquisition of Ravel Law, based in San Francisco.  Ravel Law provides research tools, legal analytics and data services allowing users to “contextualize and interpret large amounts of legal…
  • May 22

    Mississippi man convicted of first transgender hate crime

    Mississippi man convicted of first transgender hate crime
    In the first conviction under the Matthew Shepard, James Byrd Jr. Hate Crimes Prevention Act, a Mississippi man was sentenced to 49 years in prison along with a $20,000 fine. Joshua Vallum murdered Mercedes Williamson in May 2015 after…
  • Apr 13

    Multi-State Bar Exam Scores Hit A New Low

    Multi-State Bar Exam Scores Hit A New Low
    In February 2017, the average score of the Multi-State Bar Exam (MBE) declined by another point.  “The exam is a six-hour, 200-question multiple-choice examination developed by NCBE and administered by user jurisdictions as…
Rank this Week: 708

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
Rank this Week: 527

e-Lessons Learned

e-Lessons Learned

Covers e-discovery issues by focusing on mistakes made by counsel, employers and employees.

http://ellblog.com
Rank this Week: 516

Class Action Blog

Class Action Blog

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

http://classifiedclassaction.com/
Rank this Week: 543

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/
  • Jun 5

    The Outset of the Fraud

    The Outset of the Fraud
    If an individual defendant’s stock trading took place pursuant to a pre-determined Rule 10b5-1 trading plan that was entered into before the outset of the alleged fraud, the use of the trading plan may undermine any inference that…
  • May 9

    Not Just For Section 11 Claim

    Not Just For Section 11 Claim
    In its Omnicare decision, the U.S. Supreme Court held that opinions presented in registration statements can be subject to liability under Section 11 of the Securities Act of 1933 if either (a) the opinion was not…
  • Apr 14

    Frivolity

    Frivolity
    Among other reforms, the Private Securities Litigation Reform Act of 1995 (“PSLRA”) requires that upon final adjudication of a federal securities action, the court shall include in the record “specific findings regarding…
Rank this Week: 782

A Winning Tip

A Winning Tip

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

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

    The Jury-Swaying Power of “Little” Word

    The Jury-Swaying Power of “Little” Word
    You’d think a little word like “a” or “the” wouldn’t have any importance, when you’re crafting your opening or your closing. And yet . . .”a” and “the” are powerful ways to…
  • May 1

    Help Your Witness Past an Angry Knee-Jerk Response

    Help Your Witness Past an Angry Knee-Jerk Response
    Witnesses may be angry for a variety of reasons. Regardless, an angry witness rarely testifies convincingly at deposition or trial. When dealing with such a witness, start by acknowledging that your witness’s anger is understandable and…
  • Mar 30

    Define the “How” and “Who” of Your Case in Story Form

    Define the “How” and “Who” of Your Case in Story Form
    Human beings across the globe are riveted by stories. Jurors are no different. Regardless of the nature of your case, find the story within it. The drier your case, the more important it is to do…
Rank this Week: 587

I Object!

I Object!

Covers the rules for preserving the record for appeal. By Carlton Fields.

https://www.carltonfields.com/preservation-of-error-blog/
  • May 25

    Right for the Wrong Reason - Reversal Requires More Than Just an Error

    Right for the Wrong Reason - Reversal Requires More Than Just an Error
    Challenging an adverse judgment on appeal is an uphill battle from the start. A major part of winning an appeal requires demonstrating that an error occurred and confirming that the error was properly raised in the trial court. But more may…
  • Apr 13

    The Air of Preservation Is Now Filled With “Specific” Argument

    The Air of Preservation Is Now Filled With “Specific” Argument
    To win, trial lawyers must master the art of persuasion. But when they lose, they are tested by their mastery of the art of preservation. As standards of review in appellate courts have become increasingly demanding, preservation often…
  • Mar 13

    Preserving Constitutional Issues: Three States, Three Cases, One Hard Lesson

    Preserving Constitutional Issues: Three States, Three Cases, One Hard Lesson
    Late last year, three states illustrated an important point about preserving constitutional law issues for appeal: always be on the lookout for constitutional law issues at the beginning of the case. We begin in California in Coastal Hills…
Rank this Week: 947