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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Nov 28

    SCOTUSblog on camera: Eric Schnapper (Part six)

    SCOTUSblog on camera: Eric Schnapper (Part six)
    Stories from a career of Supreme Court advocacy; what one learns about necessary skills and the value of experienced counsel; and just how hard it is to explain how different Supreme Court advocacy is from anything else a lawyer does.…
  • Nov 27

    This week at the Court

    This week at the Court
    On Monday at 9:30 a.m. we expect additional orders from the November 25 Conference.  (Lyle covered the grants that were issued after that Conference last Tuesday.) Monday is also the first day of the Court’s December sitting. The…
  • Nov 26

    Petition of the day

    Petition of the day
    The petition of the day is: Mata v. Holder 14-185 Issue: Whether the Fifth Circuit erred in this case in holding that it has no jurisdiction to review petitioner’s request that the Board of Immigration Appeals equitably toll…
Rank this Week: 12

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
Rank this Week: 23

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
  • Nov 25

    Technology and theatre in a library

    Technology and theatre in a library
    When I read Where Humbert Humbert Might Whisper in Your Ear in the New York Times on a flight back to Colombo from the US, I immediately thought of doing something along the same lines in Sri Lanka to explore to what degree, post-war, we…
  • Nov 5

    UAVs and peacebuilding: Some thought

    UAVs and peacebuilding: Some thought
    My work with UAVs is largely conceptual, framed by growing up in a context of war, deeply informed by having to deal with the enduring legacy of violent conflict even post-war and anchored to the inalienable yet often callously erased rights…
  • Sep 17

    Technology: Progress and Potential

    Technology: Progress and Potential
    An article I wrote for Alliance for Peacebuilding’s Building Peace magazine is now up on the web. In it, I look at both the significant progress around technologies to share vital information before and during a conflict or disaster,…
Rank this Week: 40

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/
  • Nov 18

    Rolling Intelligence: Enterprise-Level Paying It Forward

    Rolling Intelligence: Enterprise-Level Paying It Forward
    By John MartinRolling intelligence is the enterprise-level equivalent of pay it forward. Effort invested in one business unit, functional area, or type of document storage to visually classify documents benefits the other units, areas,…
  • Nov 17

    Visualizing Data in a Predictive Coding Project – Part Two

    Visualizing Data in a Predictive Coding Project – Part Two
    By Ralph LoseyThis is part two of my presentation of an idea for visualization of data in a predictive coding project.Please read part one first.As most of you already know, the ranking of all documents according to their probable…
  • Nov 16

    TAR in the Courts: A Compendium of Case Law about Technology Assisted Review

    TAR in the Courts: A Compendium of Case Law about Technology Assisted Review
    By Bob AmbrogiMagistrate Judge Andrew Peck It is less than three years since the first court decision approving the use of technology assisted review in e-discovery. “Counsel no longer have to worry about being the ‘first’…
Rank this Week: 49

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: 54

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: 83

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 101

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: 106

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: 124

Say What?! Judge Jerry Buchmeyer's…

Say What?! Judge Jerry Buchmeyer's weblog of classic legal humor.

Real life Texas Courtroom Humor. From U.S. Federal District Judge Jerry Buchmeyer (Northern District of Texas).

http://saywhat.texasbar.com/
  • Nov 21

    December 1997 - I Did a Buchmeyer

    December 1997 - I Did a Buchmeyer
    From Jeffrey Hirt of Houston, this excerpt from his examination of the present wife of his client:Q. Gina, how long have you known your stepdaughters?A. Actually, since before they were born. When Joan was still pregnant.Mr. Hirt: I'll send…
  • Nov 20

    September 2007 - That's How Vegas Work

    September 2007 - That's How Vegas Work
    Ryan Morris, who is a second-year law student at the University of Texas, was working for a small firm in Austin when he came across this excerpt in a deposition from a probate case where a party was testifying about his bank account:A. I…
  • Nov 19

    May 1985 - Were You in the Military Service?

    May 1985 - Were You in the Military Service?
    Q. How far did you get in the service? It was in the Army, wasn't it? A. Yes, sir, the Army. Q. How far did you get? A. Over to the South Pacific.
Rank this Week: 127

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/
  • Nov 28

    QuoteMeaPrice.com | More "Junk in The Trunk" from the Genex Capital Family

    QuoteMeaPrice.com | More "Junk in The Trunk" from the Genex Capital Family
    Someone who trumpets being a former member of ATLA, Roger Proctor should be familiar with how structured settlements come to be, by a negotiated compromise. There must be a release of liability... This is a content summary only. Please…
  • Nov 26

    Einstein SS Copies Outdated Material From Competitor, LOL

    Einstein SS Copies Outdated Material From Competitor, LOL
    Einstein Structured Settlements has obviously copied from a competitor and posted 2011 data in 2014 as fresh content, and attempt to claimed a copyright in a report that is most likely ultimately... This is a content summary only. Please…
  • Nov 24

    People With Disabilities Under 65 | Three Hurdles to Jump To Get Medicare

    People With Disabilities Under 65 | Three Hurdles to Jump To Get Medicare
    Before they can get Medicare coverage, people with disabilities, who are under age 65, must first RECEIVE Social Security Disability Insurance (SSDI) for 24 months. But... This is a content summary only. Please click on the title for the full…
Rank this Week: 187

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Nov 26

    Jones County Voters Elect New Circuit Judge

    Jones County Voters Elect New Circuit Judge
    For the first time in nearly 30 years, someone other that Judge Billy Joe Landrum will preside over the Jones County Circuit Court in January. Laurel attorney Dal Williamson defeated Judge Landrum in Tuesday’s runoff. Not much media…
  • Nov 25

    Rare Circuit Court Judge Runoff Today

    Rare Circuit Court Judge Runoff Today
    Today Jones County voters will decide a rare runoff in a Circuit Court Judge election. The runoff is between longtime incumbent Judge Billy Joe Landrum and Laurel attorney Dal Williamson. Things have gotten a bit heated in Laurel. From the…
  • Nov 19

    PERS Still Massively Underfunded Despite Stock Market Hitting All-Time High

    PERS Still Massively Underfunded Despite Stock Market Hitting All-Time High
    Steve Wilson at Mississippi Watchdog recently wrote here about how Mississippi’s pension system ranks nationally. From the article: A new report by nonprofit State Budget Solutions says Mississippi’s Public Employees’…
Rank this Week: 229

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • 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:…
  • Nov 11

    Comcast, Kozinski, and The Decline Of Class Action

    Comcast, Kozinski, and The Decline Of Class Action
    Nearly a year ago, I praised an objection Judge Alex Kozinski filed — as a consumer, not a judge — to a proposed class action settlement that he was a part of, and so I was dismayed to see a recent article noting Judge…
Rank this Week: 230

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/
  • 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…
  • Oct 6

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

    Divorce & Hidden Money: Helga Glock’s Search For Gaston Glock’s Asset
    This is the ninth post in the “Divorce & Hidden Money” series.  By failing to disclose any offshore assets, one divorcing spouse may cheat the other out of child support, alimony or other court awards.  A spouse…
  • Aug 21

    Recovering Assets By Identifying & Immobilizing Them

    Recovering Assets By Identifying & Immobilizing Them
    Identifying and immobilizing assets in a timely fashion can be paramount to asset recovery cases ranging from an ultra- high net worth divorce to a forced collection proceeding against a debtor. The abstract about “Suspending Suspicious…
Rank this Week: 244

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
Rank this Week: 252

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: 289

Angel Reyes Blog

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/
  • Jul 30

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?
      Most of us have experienced the anxiety and frustration of a computer, smartphone, iPad or other device malfunctioning. But what would we do if our lives depended on an electronic device performing perfectly?    
  • Jul 9

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit
      This past Monday, a New York federal judge denied Big Pharma’s Merck & Co Inc.’s attempt to avoid paying $285,000 to plaintiff in a multi-district lawsuit based on the fact that the bone drug Fosamax causes jaw…
  • Jul 8

    Monster Overdose: Are Energy Drinks Killing Teens?

    Monster Overdose: Are Energy Drinks Killing Teens?
    Alex Morris died suddenly this year from cardiac arrest at the age of 19. He habitually drank two cans of Monster Energy® drinks each day for two years. His mother Paula believes energy drinks were the cause and immediately filed a…
Rank this Week: 302

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: 321

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Nov 25

    Jury Reaches Verdict on Ferguson Officer Case

    Jury Reaches Verdict on Ferguson Officer Case
    A grand jury in Ferguson, Mo., arrived at a decision: Darren Wilson, a Ferguson police officer, won’t be facing charges in the shooting death of Michael Brown. There’s a very high chance a majority will never know why it came to be the…
  • Nov 25

    Judge: Missing Child Trial Should Make Use of Confession

    Judge: Missing Child Trial Should Make Use of Confession
    A suspect possessing a low IQ was aware of his rights and confessed to crime investigators that he choked a 6 year old boy to death back in 1979, according to a ruling earlier this week. The ruling gives prosecutors a chance to make full use…
  • Nov 24

    SC to Make Consideration on Facebook Post

    SC to Make Consideration on Facebook Post
    Next week, the Supreme Court will be hearing oral arguments in a First Amendment case that reviews the battle regarding when speeches on Facebook posts and other social media outlets are in violation of the law. The appeal, which is up for…
Rank this Week: 351

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: 330

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Nov 28

    “Trial consultant quackery”: Here we go again…

    “Trial consultant quackery”: Here we go again…
    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 just wrote about…
  • Nov 26

    Women who trust too much: The Unmitigated Communion Scale

    Women who trust too much: The Unmitigated Communion Scale
      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 Back in…
  • Nov 24

    Thin-slicing infidelity: Brief observation can reveal more than you ever thought!

    Thin-slicing infidelity: Brief observation can reveal more than you ever thought!
    Our clients are routinely stunned by the accuracy of  mock juror impressions of witnesses and parties based on a 6 to 8 minute video clip from depositions. Mock jurors quickly assess character and are often eager to share their insights.…
Rank this Week: 370

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Nov 28

    Trading Technologies: Federal Circuit Claim Constructions are Binding

    Trading Technologies: Federal Circuit Claim Constructions are Binding
    Trading Techs. Int’l, Inc. v. CQG, Inc., No. 05 C 4811, Slip Op. (N.D. Ill.) (Coleman, J.). Judge Coleman granted plaintiff Trading Technologies’ (“TT”) motion to terminate Markman proceedings in this patent case…
  • Nov 26

    Lack of Local Rule 56.1 Support Prevents Summary Judgment

    Lack of Local Rule 56.1 Support Prevents Summary Judgment
    Panoramic Stock Images, Ltd. d/b/a Panoramic Images v. John Wiley & Sons, Inc., No 12 C 10003, Slip Op. (N.D. Ill. Sep. 2, 2014) (Feinerman, J.). Judge Feinerman granted in part plaintiff Panoramic’s partial summary judgment motion…
  • Nov 24

    Substantial Differences Doom Design Patent Claim on the Pleading

    Substantial Differences Doom Design Patent Claim on the Pleading
    Young v. Stone, No. 13 C 4920, Slip Op. (N.D. Ill. Aug. 28, 2014) (Guzman, J.). Judge Guzman granted defendant’s Fed. R. Civ. P. 12(c) motion to dismiss plaintiff’s design patent infringement claim regarding defendant’s…
Rank this Week: 363

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/
  • Nov 17

    Some thoughts on Johnson v. City of Shelby: Does it help make sense of Twombly & Iqbal?

    Some thoughts on Johnson v. City of Shelby: Does it help make sense of Twombly & Iqbal?
    We covered earlier the Supreme Court’s per curiam decision in Johnson v. City of Shelby summarily reversing the Fifth Circuit. It’s a short opinion—just two and a half pages—but it has some important things to say about pleading…
  • Nov 15

    Reaction to SCOTUS Decision in Johnson v. City of Shelby

    Reaction to SCOTUS Decision in Johnson v. City of Shelby
    On Monday we covered Johnson v. City of Shelby, a per curiam Supreme Court decision on pleading that summarily reversed the Fifth Circuit. Here’s some of the coverage of that decision from this past week: City of Shelby: New SCOTUS...
  • Nov 14

    Pfander on Bruhl on the Supreme Court and Lower-Court Precedent

    Pfander on Bruhl on the Supreme Court and Lower-Court Precedent
    Now available on the Courts Law section of JOTWELL is an essay by Jim Pfander entitled How Lower-Court Precedent Affects Supreme Court Precedent. Jim reviews Aaron Bruhl’s recent article, Following Lower-Court Precedent, 81 U. Chi. L. Rev.…
Rank this Week: 371

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: 395

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: 377

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/
  • Nov 28

    Judicial Fact-Making

    Judicial Fact-Making
    Allison Orr Larsen, Factual Precedents, 162 U. Pa. L. Rev. 59 (2013)Adam SteinmanTwo judicial and scholarly heavyweights squared off recently in a case challenging the constitutionality of Wisconsin’s voter ID law. Writing for the…
  • Nov 26

    Safe at Any Speed: Robert Ahdieh’s Take on Cost-Benefit Analysis in Financial Market

    Safe at Any Speed: Robert Ahdieh’s Take on Cost-Benefit Analysis in Financial Market
    Robert B. Ahdieh, Reanalyzing Cost-Benefit Analysis: Toward a Framework of Function(s) and Form(s), 88 N.Y.U.L. Rev. 1983 (2013).Jack BeermannWhen I saw the title of Robert Ahdieh’s recent article, Reanalyzing Cost-Benefit Analysis:…
  • Nov 25

    Putting Union Security Clause First Amendment Law in a Broader Context: Charlotte Garden’s Meta Right

    Putting Union Security Clause First Amendment Law in a Broader Context: Charlotte Garden’s Meta Right
    Charlotte Garden, Meta Rights, 83 Fordham L. Rev. 855 (2014).Joseph SlaterMeta Rights is a thought-provoking article that addresses concerns about labor law rules governing agency fee payments in public-sector employment by comparing these…
Rank this Week: 405

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Nov 26

    Latest Edition of the Jury Expert

    Latest Edition of the Jury Expert
    Does Video Image Size Affect Jurors’ Decisions? A Look at How Image Size Interacts with Evidence Strength, Defendant Emotion and the Defendant/Victim Relationship Wendy Heath and Bruce Grannemann ponder how video image size in the courtroom…
  • Nov 26

    Mitigating Foul Blow

    Mitigating Foul Blow
    Mary Bowman Mitigating Foul Blows Abstract (to read the entire article go here): For nearly eighty years, courts have offered stirring rhetoric about how prosecutors must not strike foul blows in pursuit of convictions. Yet while appellate…
  • Nov 25

    Another Take on Warger v. Shauer

    Another Take on Warger v. Shauer
    Previously, I blogged about the juror dishonesty case, Warger v. Shauers, that is currently before the Supreme Court. Professor Sherry Colb of Cornell, pictured above, has recently written a brief article offering her own opinion on the case.…
Rank this Week: 406

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
  • Nov 20

    Construction Contracts: Do You Know Who You Contracted With?

    Construction Contracts: Do You Know Who You Contracted With?
    By Jeff Boudreaux Recently, we have noticed an increase in the number of construction contracts that either identify (1) an incorrect entity or (2) a non-existent entity as a party to the contract. No big deal, right…..maybe not. It…
  • Nov 19

    DHH Implements Recovery Audit Contractor Program

    DHH Implements Recovery Audit Contractor Program
    By Deborah J. Juneau The Louisiana Department of Health and Hospitals (“DHH”) adopted provisions to establish the Recovery Audit Contractor (“RAC”) Program, effective November 20, 2014, as required by the Affordable…
  • Nov 18

    Calming the Storm Tossed Waters: The Availability of Punitive Damages to the Jones Act Seaman Post McBride

    Calming the Storm Tossed Waters: The Availability of Punitive Damages to the Jones Act Seaman Post McBride
    By Michael J. O’Brien A. Introduction to Punitive Damages Pecuniary damages are awards designed to restore “material loss which is susceptible of pecuniary valuation.” Michigan Central Railroad. Co. v. Vreeland, 227 U.S. 59,…
Rank this Week: 461

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • 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...
  • Oct 26

    Use of Phony Benchmark Rate Supports Bad Faith Claim, Second Circuit Hold

    Use of Phony Benchmark Rate Supports Bad Faith Claim, Second Circuit Hold
    Good faith and fair dealing New York law "implies" a duty in all contracts -- a duty to perform promises in good faith.* Does that mean a party must adjust a contractual benchmark rate if it knows something has distorted...
Rank this Week: 468

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
Rank this Week: 473

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 526

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/
  • Nov 20

    NASP 2014 Annual Conference

    NASP 2014 Annual Conference
    The National Association of Settlement Purchasers (NASP) celebrated its 10th annual conference November 5-6, 2014 in San Antonio, Texas with record attendance, recognition of past accomplishments and a clear existential message from its…
  • Nov 12

    NSSTA 2014 Fall Educational Conference

    NSSTA 2014 Fall Educational Conference
    Although David Ringler was unable to attend the National Structured Settlement Trade Association (NSSTA) 2014 Fall Educational Conference October 29-30 in La Jolla, California, he had an apparent impact. Ringler, NSSTA's first president,…
  • Oct 16

    S2P2J Release 56

    S2P2J Release 56
    Publisher Law Journal Press will be distributing hard copy supplements for Release 56 of "Structured Settlements and Periodic Payment Judgments" (S2P2J) later this month with online S2P2J subscribers receiving their update automatically and…
Rank this Week: 488

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/
  • Nov 3

    Bryan Stevenson's Memoir, Just Mercy

    Bryan Stevenson's Memoir, Just Mercy
    Bryan Stevenson, executive director of the Equal Justice Initiative in Montgomery, AL, and a professor at NYU Law, has written a memoir about his work: Just Mercy: A Story of Justice and Redemption.A very warm review, by Seattle lawyer Kevin…
  • Oct 23

    Videos of U.S. Supreme Court Arguments—at Last!

    Videos of U.S. Supreme Court Arguments—at Last!
    On the HBO program Last Week Tonight, John Oliver observed that without video Supreme Court oral arguments are pretty dry, even with courtroom sketches as backdrops. So he proposed that the audio be livened up with video. What video? Dogs!…
  • Aug 7

    Conflicts Among Wash. Court of Appeals Division

    Conflicts Among Wash. Court of Appeals Division
    Unlike the federal circuits, the Washington Court of Appeals is a "unitary system"—one court that sits in three divisions, not three separate courts. But sometimes panels from two divisions disagree with each other, so there can be…
Rank this Week: 521

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…
  • Nov 26

    Court Of Chancery Explains Bad Faith Claim

    Court Of Chancery Explains Bad Faith Claim
    In Re Novell Shareholders Litigation, C.A. 6032-VCN (November 25, 2014) When does a board act in bad faith so as to not be entitled to exculpation under a corporate charter? As this decision explains, mere mistakes in complicated negotiations…
Rank this Week: 605

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Nov 28

    Trial Consultant Expert On "Crafting Your Case" Part 2

    Trial Consultant Expert On "Crafting Your Case" Part 2
    In Discovery “Story Boarding trial consultant expert Molly M. Murphy shares her strategies to get the jury to understand and connect with your case. A case comes into your office. If you are a defense firm you receive the filed…
  • Nov 25

    Child Abuse Expert Witnesses & Midwife Neglect Case

    Child Abuse Expert Witnesses & Midwife Neglect Case
    Child abuse expert witnesses may advise regarding child abuse and neglect and the physical and emotional mistreatment of children. In the news, South Dakota midwife Judy K. Jones is charged with the death of a Nebraska infant she delivered. …
  • Nov 23

    PTSD Expert Witness Testifies On Clinical Criteria

    PTSD Expert Witness Testifies On Clinical Criteria
    Post traumatic stress expert witness Mitchell Clionsky testified for the defense in the Springfield, MA, lawsuit against nightclub owner Demetrious Konstantopoulos. Cara Lyn Crncic alleges that a 2011 assault by Konstantopoulos has caused her…
Rank this Week: 586

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: 699

The Appellate Gourmet (c)

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/
  • Nov 24

    Trademarks, civil rights, and rib roast with green peppercorn-coffee-rosemary-garlic rub over sweet potato mash

    Trademarks, civil rights, and rib roast with green peppercorn-coffee-rosemary-garlic rub over sweet potato mash
    Civil rights -- Due process -- Colleges and universities -- Former tenured university professor brought complaint under 42 U.S.C. section1983 alleging his termination failed to comport with procedural due process -- District court did not err…
  • Nov 21

    Easley again recognized among legal leaders in 2014

    Easley again recognized among legal leaders in 2014
    Congratulations to Dorothy Easley of Easley Appellate Practice for being recognized as a top appellate lawyer in the 2014 Super Lawyers Business Edition just released.  Ms. Easley is recognized as an attorney selected to the Super…
  • Nov 15

    The general rules on contract enforceability in Florida and recent contract decision

    The general rules on contract enforceability in Florida and recent contract decision
    To determine a contract’s enforceability, the Florida Supreme Court has long-established that Florida uses the objective (as opposed to the subjective) test (first expressed by the late Supreme Court Justice Oliver Wendell Holmes): The…
Rank this Week: 663

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 701

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: 685

South Carolina Appellate Law Blog

South Carolina Appellate Law Blog

Follows the opinions of the South Carolina appellate courts, the Fourth Circuit, and the United States Supreme Court. By Womble Carlyle.

http://southcarolinaappellatelaw.blogspot.com/
  • Dec 13

    Closing Out

    Closing Out
    Well, I have left private practice and have taken a job with the US Attorney's Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news. Merry Christmas.
  • Dec 1

    Constitutional issues with Clinton appointment???

    Constitutional issues with Clinton appointment???
    "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during…
  • Nov 19

    Billy Wilkins' return to the courtroom as a lawyer meets with succe

    Billy Wilkins' return to the courtroom as a lawyer meets with succe
    From the Greenville News:William W. “Billy” Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as…
Rank this Week: 653

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/
  • Nov 25

    “One Step Too Far” — Court Shoots Down The EEOC’s Kitchen Sink Subpoena

    “One Step Too Far” — Court Shoots Down The EEOC’s Kitchen Sink Subpoena
    By Christopher DeGroff, Paul Kehoe and Gerald L. Maatman, Jr. Employers have become accustomed to the federal courts rubber stamping EEOC subpoenas seeking company-wide information based on a single charge of discrimination. In light of…
  • Nov 24

    Senator Alexander’s Report Puts The Spotlight On The EEOC — And Promises Further Oversight In The Next Congre

    Senator Alexander’s Report Puts The Spotlight On The EEOC — And Promises Further Oversight In The Next Congre
    By Christopher DeGroff, Paul Kehoe, and Gerald L. Maatman, Jr. Sen. Lamar Alexander (R-TN), the current Ranking Member and soon to be Chairman of the Senate Health, Education, Labor & Pensions Committee, today issued a report entitled…
  • Nov 20

    Views Of U.S. Workplace Class Actions From Europe

    Views Of U.S. Workplace Class Actions From Europe
    By Gerald L. Maatman, Jr. I had the privilege today of presenting on the topic of “The Risks U.S. Workplace Class Actions Pose For Businesses” to a group of European corporate counsel and business executives at the Swiss Re Centre…
Rank this Week: 788

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: 799

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: 758

Texas Causes of Action Blawg

Texas Causes of Action Blawg

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

http://causeofactionelements.blogspot.com/
Rank this Week: 851

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/
  • 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...
  • Oct 30

    A Jury Thank you Letter

    A Jury Thank you Letter
    I frequently see on social media where someone has been called for jury duty. The post is frequently followed by half-joking advice on how to get of it by telling the lawyers you believe in the death penalty for littering...
Rank this Week: 937