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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
  • Jun 26

    "Supreme Court set to rule on abortion clinic restrictions"

    "Supreme Court set to rule on abortion clinic restrictions"
    "Supreme Court set to rule on abortion clinic restrictions": Bill Mears of FoxNews.com has this report.
  • Jun 26

    Access the newest posts at Slate's "Supreme Court Breakfast Table"

    Access the newest posts at Slate's "Supreme Court Breakfast Table"
    Access the newest posts at Slate's "Supreme Court Breakfast Table": Seventh Circuit Judge Richard A. Posner has a post titled "The immigration decision won't do much." And law professor Dawn Johnsen has a post titled "How can a judge dismiss…
  • Jun 26

    "The Supreme Court Smiles on Diversity"

    "The Supreme Court Smiles on Diversity"
    "The Supreme Court Smiles on Diversity": Law professor Noah Feldman has this essay online today at Bloomberg View.
Rank this Week: 18

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Jun 25

    One journey over, the quest continue

    One journey over, the quest continue
    Commentary So much of the rhythm of my life, and that of my family, has been dictated for more than a half-century by the Supreme Court’s calendar.  And so it is with the completion this coming week of the Court’s most recent…
  • Jun 25

    Opinion analysis: Dollar General, the Court’s longest pending case of the 2015 Term is a four-four per curiam opinion

    Opinion analysis: Dollar General, the Court’s longest pending case of the 2015 Term is a four-four per curiam opinion
    Court watchers and lawyers from many walks of life waited many weeks for the Court’s decision in Dollar General Stores v. Mississippi Band of Choctaw Indians. When the Justices took the bench this last Thursday it was the longest…
  • Jun 25

    This week at the Court

    This week at the Court
    On Monday, we expect orders from the June 23 Conference at 9:30 a.m. and, at 10 a.m., opinions in the Term’s three remaining argued cases: McDonnell v. United States, Voisine v. United States, and Whole Woman’s…
Rank this Week: 28

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
  • May 28

    Roanu’s wrath

    Roanu’s wrath
    Disasters make pundits of many. And yet, when the next hazard hits, we often tend to deal with the significant challenges around the same, if not greater magnitude of a disaster. The process is cyclical, with no meaningful learning, or…
  • Mar 15

    Countering Violent Extremism & Mobile Advocacy in Myanmar

    Countering Violent Extremism & Mobile Advocacy in Myanmar
    Cross-posted from the ICT4Peace Foundation’s website. ### I was invited to take part in Tech Camp 2016, held at Phandeeyar, where I talked about and trained on mobile advocacy and activism strategies. Calling on the work engineered in…
  • Feb 26

    Operationalizing Peace Operations Reform

    Operationalizing Peace Operations Reform
    Clearing the Decks After a Year of Reviews: Operationalizing Peace Operations Reform, organised by ZIF, the Centre for International Peace Operations, was held from 25 – 26 February just outside of Berlin. Agenda here. I was asked to…
Rank this Week: 44

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: 64

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: 94

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: 97

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
Rank this Week: 109

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: 112

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Jun 28

    Join The Contingency

    Join The Contingency
    Dear Blawgletterati Member, You, a special person You belong to an elite group – the highly intelligent readers of Blawgletter, one of the 10 all-time most popular Trials and Litigation law blogs on Justia. With Blawgletter’s farewell,…
  • Jun 16

    Blawgletter® Has Moved!

    Blawgletter® Has Moved!
    Blawgletter® has moved to a new location, and is now The Contingency. You will be redirected shortly.
  • Jun 14

    DNA and Pricing Patents Fall to Mayo and Alice

    DNA and Pricing Patents Fall to Mayo and Alice
    Unpatentable subject matter A pair of Federal Circuit opinions last week rejected patents involving patent-ineligible subject matter. What does that include, you ask? As Blawgletter noted last year in "You Still Can't Patent Ideas":…
Rank this Week: 141

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/
  • Jun 20

    ACI’s 26th National Conference on Consumer Finance Class Actions & Litigation, July 28-29

    ACI’s 26th National Conference on Consumer Finance Class Actions & Litigation, July 28-29
    ACI’s 26th National Conference on Consumer Finance Class Actions & Litigation July 28-29, 2016 The Omni Chicago Hotel Chicago, IL http://www.americanconference.com/2016/681/consumer-finance-class-actions–litigation Consumer…
  • Feb 9

    A Noteworthy Event – March 17-18, 2016

    A Noteworthy Event – March 17-18, 2016
    Retail data breaches continue to evolve and bring new litigation and trends in the Data Breach and Privacy Litigation context. Business to business claims, vendor lawsuits, litigation between issuing banks and retailers post-breach, the…
  • Jan 29

    Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court

    Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court
    Robertson v Exxon Mobil Corp., 2015 WL 9592499 (5th Cir. Dec. 31, 2015). In a personal injury and a property damage action, the Fifth Circuit reversed the district court’s order remanding the action finding that the defendants had by…
Rank this Week: 188

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: 208

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

    Judge Pro on Federal Magistrate Judge

    Judge Pro on Federal Magistrate Judge
    Judge Philip M. Pro (United States District Court for the District of Nevada) has posted on SSRN his article United States Magistrate Judges: Present but Unaccounted For, forthcoming in the Nevada Law Journal. Abstract: The relationship…
  • Jun 21

    Jacobs on Transient Jurisdiction: If Corporations Are People, Why Can't They Play Tag?

    Jacobs on Transient Jurisdiction: If Corporations Are People, Why Can't They Play Tag?
    Cody Jacobs (Freedman Fellow, Temple University Beasley School of Law) has published in New Mexico Law Review his article, If Corporations Are People, Why Can't They Play Tag? Abstract: The Supreme Court’s decision in Burnham v. Superior…
  • Jun 21

    Clermont on the Last-in-Time Judgment Rule

    Clermont on the Last-in-Time Judgment Rule
    Professor Kevin M. Clermont (Cornell) has posted to SSRN his article, Limiting the Last-in-Time Judgment Rule. Abstract: A troublesome problem arises when there are two binding but inconsistent judgments: Say the plaintiff loses on a claim…
Rank this Week: 214

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/
  • Jun 24

    Thinking About Monitoring

    Thinking About Monitoring
    Veronica Root, Modern-Day Monitorships, 33 Yale J. on Reg. 109 (forthcoming 2016), available at SSRN.D. Gordon SmithThe study of organizational compliance is now proliferating in American law schools. Over the past decade, new courses, new…
  • Jun 23

    Saving Auer

    Saving Auer
    Cass R. Sunstein and Adrian Vermeule, The Unbearable Rightness of Auer, U. Chi. L. Rev. (forthcoming 2016), available at SSRN.William FunkIn 1945 the Supreme Court decided the case of Bowles v. Seminole Rock & Sand Co., in which it stated…
  • Jun 22

    Making Sense of Mid-Term Modifications of At-Will Employment Contract

    Making Sense of Mid-Term Modifications of At-Will Employment Contract
    Rachel Arnow-Richman, Modifying At-Will Employment Contracts, 57 B.C. L. Rev. (forthcoming 2016), available at SSRN.Alex B. LongI’m always pleasantly surprised when I stumble across a piece of scholarship that seeks to solve a doctrinal…
Rank this Week: 266

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Jun 10

    Three-Inch Step From Store to Sidewalk Not a Dangerous Condition

    Three-Inch Step From Store to Sidewalk Not a Dangerous Condition
    In Mooney v. Genuine Parts Co. d/b/a National Automotive Association, Inc., No., W2015-02080-COA-R3-CV (Tenn. Ct. App. May 11, 2016), the Tennessee Court of Appeals affirmed summary judgment for defendant retail store in a premises liability…
  • Jun 6

    Proof of Actual Malice in False Light Case

    Proof of Actual Malice in False Light Case
    A recent Court of Appeals case serves as a reminder of the difficulty of proving actual malice in a false light claim made by a public official. In Eisenstein v. WTVF-TV, No. M2015-00422-COA-R3-CV (Tenn. Ct. App. May 3, 2016), plaintiff was a…
  • Jun 3

    No Reasonable Reliance in Money Washing Scheme

    No Reasonable Reliance in Money Washing Scheme
    In a 40-plus page opinion that reads like a prince-handing-out-gold email scam, the Tennessee Supreme Court affirmed a trial court’s judgment that a plaintiff had not proven intentional misrepresentation because his reliance on the…
Rank this Week: 274

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 279

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Jun 7

    The Details Of Judge Curiel’s Trump University Order

    The Details Of Judge Curiel’s Trump University Order
    Popehat already explained in general why there’s nothing unusual about Judge Curiel’s rulings in the Trump University case, i.e., that denying summary judgment is the norm. Nonetheless, Kevin Drum recently mused:   I think we…
  • May 30

    Towards A Unified Theory Of Aging And Cancer

    Towards A Unified Theory Of Aging And Cancer
    In my work, I spend a lot of time thinking about cancer. In toxic exposure and pharmaceutical lawsuits, I have to prove, with a bevy of experts, that a given chemical or drug is capable of causing cancer. In medical malpractice cases…
  • May 26

    Hulk Hogan v Gawker Legal FAQ – In Their Lawyers’ Word

    Hulk Hogan v Gawker Legal FAQ – In Their Lawyers’ Word
    In 1787, “Cincinnatus,” a common nom de plume of anti-federalists, wrote to James Wilson: It is an easy step from restraining the press to making it place the worst actions of government in so favorable a light, that we may groan…
Rank this Week: 301

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Jun 24

    Industrial Psychologists and Workplace Injury

    Industrial Psychologists and Workplace Injury
    Bob Rose and Robyn Porterfield Workplace injury is a serious problem with many costs including the cost of well-being and even loss or life. The causes and prevention of injury is a complex issue with many factors including adequately…
  • Jun 17

    Pathologist Expert Witness Testimony Partially Allowed

    Pathologist Expert Witness Testimony Partially Allowed
    Plaintiff hired pathology expert witness to opine on pain and suffering in a products liability case.  Defendant filed a motion to exclude the testimony.  The court granted in the motion in part and denied the motion in part.…
  • Jun 15

    Biomedical Engineering Expert Witness Testimony Not Allowed

    Biomedical Engineering Expert Witness Testimony Not Allowed
    Plaintiff sued Defendant related to unfair and deceptive business practices related to exercise equipment.  The defendant filed a motion to exclude the testimony of the plaintiff’s biomedical engineering expert witness.  The…
Rank this Week: 302

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Jun 24

    Court of Appeals of Maryland Finds Res Judicata Shouldn't Generally Bar Successive DNA Petition

    Court of Appeals of Maryland Finds Res Judicata Shouldn't Generally Bar Successive DNA Petition
    Section 8-201(b) of Maryland's Criminal Procedure Article provides as follows: (b) Notwithstanding any other law governing postconviction relief, a person who is convicted of a crime of violence under § 14–101 of the Criminal Law Article…
  • Jun 21

    California Cold Case Trial Involves Lividity Evidence

    California Cold Case Trial Involves Lividity Evidence
    According to an article in yesterday's Ventura County Star, The preliminary hearing for a man accused of the murder of a pregnant woman and allegedly dumping her body at a local high school parking lot and the killing another woman...
  • Jun 20

    Court Denies Missouri Man New Trial Despite Victim's Daughter Recanting Her Eyewitness Identification

    Court Denies Missouri Man New Trial Despite Victim's Daughter Recanting Her Eyewitness Identification
    According to an article in the Southeast Missourian, A Missouri judge refused to grant freedom to a man convicted of sexually attacking and killing a St. Louis woman more than three decades ago. Cole County Circuit Judge Daniel Green last...
Rank this Week: 308

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: 341

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
  • Jun 6

    NFL Settlement of Concussion Lawsuits: Part One

    NFL Settlement of Concussion Lawsuits: Part One
    Hear what the estimated 1 billion settlement of a class action lawsuit between the NFL and retired NFL players means for the long-term impact of brain trauma they suffered from during their career. Ringler Radio, host Larry Cohen gets and…
  • May 15

    An Update on Structured Settlement Legislation

    An Update on Structured Settlement Legislation
    There has been major legislative movement making improvements to the Structured Settlement Protection Act across the states, most recently in Florida, Virginia and Wisconsin.  Now, progress is being made to ensure that injured parties…
  • Apr 25

    The Johnson & Johnson Talcum Powder Verdict

    The Johnson & Johnson Talcum Powder Verdict
    A jury in City of St. Louis Circuit Court found Johnson & Johnson liable for injuries resulting from the use of its talc-containing products such as Johnson’s Baby Powder and Shower to Shower body powder for feminine hygiene. On…
Rank this Week: 360

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: 373

Sui Generis--a New York law blog

Sui Generis--a New York law blog

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

http://nylawblog.typepad.com/suigeneris/
  • Jun 23

    The Stalking Statute And Email: Muddling Through 21st Century Issue

    The Stalking Statute And Email: Muddling Through 21st Century Issue
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Regular readers of my column know that every summer I work on the annual update to the book, Criminal Law In New York, which I co-author with…
  • Jun 22

    Manhattan Judge Misses Mark On Gender Discrimination Claim

    Manhattan Judge Misses Mark On Gender Discrimination Claim
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Manhattan Judge Misses Mark On Gender Discrimination Claim My regular readers know that I typically focus on the intersection of law and…
  • Jun 22

    Manhattan Judge Misses Mark On Gender Discrimination Claim

    Manhattan Judge Misses Mark On Gender Discrimination Claim
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Manhattan Judge Misses Mark On Gender Discrimination Claim My regular readers know that I typically focus on the intersection of law and…
Rank this Week: 379

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/
  • Jun 25

    PFAC 2016 Annual Conference

    PFAC 2016 Annual Conference
    Fiduciary standards, as they relate to product suitability specifically, and to business practices generally, can be expected to become more significant factors in product sales for the traditional structured settlement market as it continues…
  • May 18

    S2P2J Release 59

    S2P2J Release 59
    Despite historically low interest rates and negative PR (most recently this Washington Post Editorial) resulting from the unconscionable business practices of some secondary market companies, the primary structured settlement market continues…
  • Apr 16

    NSSTA 2016 Annual Conference

    NSSTA 2016 Annual Conference
    Len Blonder is a structured settlement pioneer now beginning an unprecedented third term as President of the National Structured Settlement Trade Association (NSSTA). It may seem counterintuitive, therefore, or perhaps wishful thinking, but…
Rank this Week: 390

Electronic Discovery Law

Electronic Discovery Law

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

http://www.ediscoverylaw.com/
Rank this Week: 403

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 412

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: 427

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: 442

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Jun 22

    June Miss. Jury Verdict Reporter Preview

    June Miss. Jury Verdict Reporter Preview
    Here is a preview of the June 2016 issue of the Miss. Jury Verdict Reporter: $31,095,000 verdict- Rankin County car wreck case (5/17/16); $6,228,000 verdict- Harrison County eminent domain case (5/20/16); $100,000 settlement- Lafayette County…
  • Jun 21

    Is Trump in it to Win it?

    Is Trump in it to Win it?
    This morning Electoral Vote.com mentioned a question that has been on my mind for a few days: is Donald Trump trying to lose? Let’s look at some of Trump’s bizarre moves lately: calling Bernie Sanders crazy as a bedbug; calling…
  • Jun 20

    It’s Tough Out There for Lawyer

    It’s Tough Out There for Lawyer
    The bad news keeps pouring in for lawyers with these latest headlines: Equitized: A look at BigLaw’s Second-class Citizens  (Law360) Law Firms discourage lateral departures with bonus clawbacks and other financial penalties …
Rank this Week: 448

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: 456

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: 459

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: 490

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: 505

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: 510

The Illinois Trial Practice Weblog

The Illinois Trial Practice Weblog

Offers tips and techniques for trials lawyers. By Evan Schaeffer.

http://www.illinoistrialpractice.com/
  • Aug 17

    This Blog Is on An Extended Hiatus: A Guide to the Archive

    This Blog Is on An Extended Hiatus: A Guide to the Archive
    Although I've been posted here regularly (sometimes semi-regularly) for more than ten years, I think it's time to wrap up this blog and put some sort of bow around it. As of now, I have no plans to delete the...
  • Jun 26

    More Articles I Wrote Recently for <ital>Lawyerist</ital>

    More Articles I Wrote Recently for &lt;ital&gt;Lawyerist&lt;/ital&gt;
    Here are two articles I wrote recently for Lawyerist, both on litigation-related themes: 1. How to Take a Deposition Like a Pro 2. How to Have a Collegial Relationship with Opposing Counsel I tried to fill both articles with solid,...
  • May 5

    Fast and Thorough Deposition Preparation

    Fast and Thorough Deposition Preparation
    The sixth revision to my book about depositions, Deposition Checklists and Strategies, is available from James Publishing. Here's information about the book from the James Publishing website-- Creating an outline is the most efficient way of…
Rank this Week: 518

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Jun 23

    The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury

    The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury
    Renee Lettow Lerner The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury Abstract: Many Americans insisted on their traditional rights as Englishmen in the conflict with Britain before and after declaring independence.…
  • Jun 16

    The Eighth Amendment's Lost Jurors: Death Qualification and Evolving Standards of Decency

    The Eighth Amendment's Lost Jurors: Death Qualification and Evolving Standards of Decency
    Aliza Plener Cover Abstract: The Supreme Court’s inquiry into the constitutionality of the death penalty has overlooked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are…
  • Jun 13

    SCT to Allow Judges to Recall Jurors (Dietz v. Bouldin)

    SCT to Allow Judges to Recall Jurors (Dietz v. Bouldin)
    In Dietz v. Bouldin, the SCT in a 6-2 opinion held that "[a] federal district court has a limited inherent power to rescind a jury discharge order and recall a jury in a civil case for further deliberations after identifying...
Rank this Week: 563

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/
  • Jun 19

    Your Asset Search & Trade-Based Money Laundering

    Your Asset Search &amp; Trade-Based Money Laundering
    If your adversary is using a business entity to conceal assets from you, one thing to look for is trade-based money laundering. A June 2006 report by the Financial Action Task Force explains that trade-based laundering schemes can…
  • Jun 7

    Your Search For Assets Hidden Offshore

    Your Search For Assets Hidden Offshore
    When naming offshore havens for opening secret bank accounts, people usually mention Switzerland, the Cayman Islands, Liechtenstein, etc.  Meanwhile, bank accounts in almost any country can be put to work to hide & place assets…
  • May 31

    Divorce & Hidden Money: Revisiting Asset Searches By Letters Rogatory

    Divorce &amp; Hidden Money: Revisiting Asset Searches By Letters Rogatory
    A letter rogatory is an application to a foreign tribunal. It seeks permission to serve process on or gather evidence from a foreign witness. If you are in a divorce in the United States, letters rogatory can usually help you collect evidence…
Rank this Week: 570

Translation For Lawyers

Translation For Lawyers

Covers various topics related to language translation, interpretation, and culture in the Legal Sytem. By All Language Alliance, Inc.

http://www.translationforlawyers.com/
Rank this Week: 583

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: 587

DRI Today

DRI Today

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

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

    Insured’s False Statements Lead to No Coverage

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

    Selecting Client

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

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated
    The California Court of Appeal for the Fourth District recently held in Underwriters of Interest Subscribing Policy Number A15274001 v. ProBuilders Specialty Insurance Company that the statute of limitation on the insurer’s equitable…
Rank this Week: 597

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/
  • Jun 24

    Ninth Circuit Judicial Conference to Convene in Montana

    Ninth Circuit Judicial Conference to Convene in Montana
    The 2016 Ninth Circuit Judicial Conference will be held July 11-14, 2016, in Big Sky, Montana.The conference is authorized by law “for the purpose of considering the business of the courts and advising means of improving…
  • Jun 24

    Cal. Supreme Court Launches Temporary Webcast Archive

    Cal. Supreme Court Launches Temporary Webcast Archive
    Supreme Court Launches Temporary Webcast Archive (Jun 24, 2016) The Supreme Court of California has launched a temporary oral argument webcast archive on its section of the California Courts Newsroom. The archive contains captioned video or…
  • Jun 21

    Speaking of the 5th DCA...

    Speaking of the 5th DCA...
    We previously reported that the 5th DCA would be live streaming oral arguments "soon." We now know that "soon" means .... June 29!The Court of Appeal, Fifth Appellate District will start live streaming of oral arguments effective June…
Rank this Week: 623

One World International Practice…

One World International Practice Blog

Covers judicial and regulatory decisions as well as topics and trends in international litigation, international dispute resolution, and international investigations, regulatory compliance, and enforcement. By Cadwaladar.

http://blog.internationalpractice.org/
Rank this Week: 689

Deliberations

Deliberations

Covers laws, news, and thoughts on juries and jury trials. By Anne Reed.

http://jurylaw.typepad.com/deliberations/
  • Jan 15

    Common Recruiting Questions and Ways to Address Them

    Common Recruiting Questions and Ways to Address Them
    Chapter One: Making the First Cut By Charlotte (Charli) A. Morris, M.A. In Nashville, at the 2015 ASTC Conference, a panel of experienced members led a master class on a wide variety of topics related to the business of being a trial…
  • Dec 28

    Welcome Back

    Welcome Back
    Deliberation Readers, We are excited to be re-launching Deliberations, the Blog of the American Society of Trial Consultants (ASTC). The goal of this blog is to serve as a forum and educational resource that stimulates discussion amongst…
  • Mar 17

    Second response to "Now you see it, now you don't"

    Second response to &quot;Now you see it, now you don't&quot;
    By Kelly Lawson This is a second response to "Now you see it, now you don't". Dr. Vallano makes several excellent points. Allow me to play prosecution advocate for a moment. I completely agree that memory is fallible (and malleable). I also…
Rank this Week: 756

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
Rank this Week: 761

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

Covers litigation-related issues concerning consumer packaged goods manufacturers, retailers, advertisers, consumers and attorneys. By Kotchen & Low LLP.

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 762

California Business Litigation…

California Business Litigation Blog

Covers a wide range of business litigation issues in the Southern California area. By Sylvester, Oppenheim, & Linde.

http://www.californiabusinesslitigation.com/
  • Jun 10

    Lowe’s Settles EEOC Lawsuit for $8.6 Million

    Lowe’s Settles EEOC Lawsuit for $8.6 Million
    Home improvement retail giant Lowe’s has agreed to pay an $8.6 million settlement to disabled workers that the company fired. The agreement was reached after the federal government’s Equal Employment Opportunity Commission filed a…
  • May 27

    A Memorial Day Message: Pause to Remember and Honor America's Fallen

    A Memorial Day Message: Pause to Remember and Honor America's Fallen
    Pausing to remember and honor America’s fallen service members is a practice dating back more than 100 years. Since the days of the Civil War, humble Americans have gathered together on Memorial Day to remember and pay tribute to all…
  • May 27

    A Memorial Day Message: Pause to Remember and Honor America’s Fallen

    A Memorial Day Message: Pause to Remember and Honor America’s Fallen
    Pausing to remember and honor America’s fallen service members is a practice dating back more than 100 years. Since the days of the Civil War, humble Americans have gathered together on Memorial Day to remember and pay tribute to all…
Rank this Week: 811