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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Nov 26

    "Supreme Court faces a new frontier: Threats on Facebook."

    "Supreme Court faces a new frontier: Threats on Facebook."
    "Supreme Court faces a new frontier: Threats on Facebook." Richard Wolf of USA Today has this report.
  • Nov 26

    "U.S. court rejects Motorola Mobility price-fixing appeal"

    "U.S. court rejects Motorola Mobility price-fixing appeal"
    "U.S. court rejects Motorola Mobility price-fixing appeal": Jonathan Stempel of Reuters has an article that begins, "A federal appeals court on Wednesday rejected Motorola Mobility LLC's attempt to hold several Asian suppliers liable under…
  • Nov 26

    "Ginsburg has surgery for coronary blockage"

    "Ginsburg has surgery for coronary blockage"
    "Ginsburg has surgery for coronary blockage": Sam Hananel of The Associated Press has a report that begins, "Supreme Court Justice Ruth Bader Ginsburg has had surgery to place a stent in her right coronary artery." Greg Stohr of Bloomberg…
Rank this Week: 19

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Nov 26

    Editor’s Note

    Editor’s Note
    At 9:30 a.m. on Monday we expect additional orders from the Court’s November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.
  • Nov 26

    SCOTUSblog on camera: Eric Schnapper (Part five)

    SCOTUSblog on camera: Eric Schnapper (Part five)
    Wondering how it went; what to learn from looking back; the importance of moot courts; and why the regular presence of cameras at oral argument is a bad idea. “Just the way they say, ‘Battle plans never survive contact…
  • Nov 26

    Ginsburg has heart surgery

    Ginsburg has heart surgery
    Eighty-one-year-old Justice Ruth Bader Ginsburg had a surgical procedure this morning to relieve a blockage in an artery in her heart, the Court announced. She had gone to the MedStar Washington Hospital Center on Tuesday night after…
Rank this Week: 31

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: 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: 62

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 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…
  • Nov 24

    Einstein SS "Content Jester" is Not Structured Settlement Industry Leader

    Einstein SS "Content Jester" is Not Structured Settlement Industry Leader
    Einstein Structured settlements constant "drumming" makes a lot of noise on the Internet. But the output of these "content jesters" is unfortunately often so poor, in my professional opinion,... This is a content summary only. Please…
  • Nov 23

    Why Do Some Structured Settlement Annuitants Sell Until They have Nothing?

    Why Do Some Structured Settlement Annuitants Sell Until They have Nothing?
    Upon information and belief only 7% of structured settlement annuitants sell their structured settlement payment rights, but those that do may engage in multiple transactions, sometimes as many as... This is a content summary only. Please…
Rank this Week: 67

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: 91

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 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…
  • Nov 21

    Settlement in First Does Not Bar Discovery in a Second Related Suit

    Settlement in First Does Not Bar Discovery in a Second Related Suit
    Fasteners for Retail, Inc. v. Andersen, No. 11 C 2164, Slip Op. (N.D. Ill. Aug. 22, 2014) (Durkin, J.).  Judge Durkin granted in plaintiff Fasteners for Retail’s (“FFR”) motion to enforce the parties’ settlement…
Rank this Week: 106

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: 111

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: 131

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: 154

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: 206

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: 211

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: 222

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 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…
  • Nov 24

    Transmitting Retirement Accounts: Getting It Right

    Transmitting Retirement Accounts: Getting It Right
    Stewart E. Sterk & Melanie B. Leslie, Accidental Inheritance: Retirement Accounts and the Hidden Law of Succession, 89 N.Y.U.L. Rev. 165 (2014).Anne-Marie RhodesArticles routinely appear that serve up a simple, everyday scenario that has…
Rank this Week: 272

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: 283

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
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/
  • 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…
  • Nov 17

    Medical Malpractice Expert Witness On Legal Medical Causation Part 2

    Medical Malpractice Expert Witness On Legal Medical Causation Part 2
    In CHIROPRACTIC / MEDICAL MALPRACTICE CAUSATION AND THE DEGENERATIVE SPINE, medical malpractice expert witness Richard K. Skala, DC, writes that the "chiropractic expert will be challenged by the opposing party during deposition and/or trial…
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: 322

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: 351

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 354

Ringler Radio - Legal Settlements

Ringler Radio - Legal Settlements

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

http://legaltalknetwork.com/podcasts/ringler-radio
  • Oct 19

    A Call for More Consumer Protection Against Factoring

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

    Inside Next Step Bionics & Prosthetic

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

    Litigation Surrounding Driver Fatigue

    Litigation Surrounding Driver Fatigue
    According to the National Highway Traffic Safety Administration, truck driver fatigue is a contributing factor in as many as 30-40% of all crashes involving heavy trucks. Join Ringler Radio host, Larry Cohen, co-host,  John Muir, Esq.…
Rank this Week: 358

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/
  • Nov 20

    The Ethics of Communicating With Clients Online

    The Ethics of Communicating With Clients Online
    This week's Daily Record column is entitled "The Ethics of Communicating With Your Clients Online." My past Daily Record articles can be accessed here. ***** The Ethics of Communicating With Your Clients Online I’ve been writing about…
  • Nov 7

    Another NYS Bar Decision On Virtual Office

    Another NYS Bar Decision On Virtual Office
    This week's Daily Record column is entitled "Another NYS Bar Decision On Virtual Offices." My past Daily Record articles can be accessed here. ***** Another NYS Bar Decision On Virtual Offices In September I wrote about a recent decision on…
  • Oct 22

    NY bar on ethics of cloud computing – again

    NY bar on ethics of cloud computing – again
    This week's Daily Record column is entitled "NY bar on ethics of cloud computing – again." My past Daily Record articles can be accessed here. ***** NY bar on ethics of cloud computing – again New York state has long been on the…
Rank this Week: 365

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: 385

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/
  • Nov 25

    Court Declines to Preclude “Eyes On” Review for Privilege

    Court Declines to Preclude “Eyes On” Review for Privilege
    Good v. Am. Water Works Co., Inc., No. 2:14-01374, 2014 WL 5486827 (S.D. W. Va. Oct. 29, 2014) In this case, the parties made an effort to “craft an agreement respecting the handling of attorney-client and work product information…
  • Nov 25

    The 2014 ABA Journal Blawg 100: Vote for Your Favorites Now!

    The 2014 ABA Journal Blawg 100: Vote for Your Favorites Now!
    The ABA Journal’s Annual Blawg 100 list was released yesterday and we are pleased to report that the Electronic Discovery Law blog was nominated in the Legal Tech category!  The public is now invited to weigh in on the nominees by…
  • Nov 4

    Considering Motion to Compel, Court Asks Whether Discovery Responses have been “Fair”

    Considering Motion to Compel, Court Asks Whether Discovery Responses have been “Fair”
    Finjan, Inc. v. Blue Coat Sys., Inc., No. 5:13-cv-03999-BLF, 2014 WL 5321095 (N.D. Cal. Oct. 17, 2014) In this patent infringement case, Defendant objected to “producing custodial email from archival systems when [the Plaintiff] is not…
Rank this Week: 388

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: 422

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 426

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: 450

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: 451

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: 474

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: 480

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: 482

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: 492

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: 498

The Illinois Trial Practice Weblog

The Illinois Trial Practice Weblog

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

http://www.illinoistrialpractice.com/
  • Nov 21

    Improve Your Legal Writing

    Improve Your Legal Writing
    My three articles on legal writing, all originally published in the Illinois Bar Journal, continue to get a steady stream of Google-fueled web traffic. I've reposted these three articles, which are favorites of mine, on my personal website.…
  • Nov 17

    Good Depostion Question

    Good Depostion Question
    An article I did about good deposition questions appears at Lawyerist today: "Anatomy of a Good Deposition Question"-- It is easy to overlook what defines a good deposition question. This topic isn’t merely for beginners. Even if you…
  • Nov 12

    Advanced Deposition Techniques: the Podcast

    Advanced Deposition Techniques: the Podcast
    I'm revisiting the three podcasts I posted at my other blog, Evan Schaeffer's Legal Underground, on the topic of advanced deposition techniques. Here are the links: The Legal Underground Podcast Episode #49: Advanced Deposition Techniques,…
Rank this Week: 506

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/
  • Nov 14

    Legal Phone Interpreting Services and the Confrontation Clause

    Legal Phone Interpreting Services and the Confrontation Clause
    We've blogged about the pros and cons of hospitals using Video Remote Interpreting services instead of on-site in-personal medical interpreter services. Some additional legal issues are likely to arise when the courts start using phone…
  • Nov 12

    Legal Translation Services and Zodiac Motion to Exclude Evidence

    Legal Translation Services and Zodiac Motion to Exclude Evidence
    We've blogged about the importance of professional legal translation services for patent law. Before the Patent Trial and Appeal Board (the "Board"), the Federal Rules of Evidence ("FRE") govern the admissibility of evidence in most cases. …
  • Nov 10

    Positive Energy Wall Art Will Boost Law Firm's Profitability

    Positive Energy Wall Art Will Boost Law Firm's Profitability
    You inhabit the world around you. You absorb the energy and feel its positive and negative impact. If you are in the middle of a desert, you feel thirsty and hot. Heat energy swirls around you and you absorb it. If you're at the beach, you…
Rank this Week: 560

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: 563

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • 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.…
  • Nov 24

    Post-Trial Contact with Fed. Jurors in Louisiana to Become More Difficult

    Post-Trial Contact with Fed. Jurors in Louisiana to Become More Difficult
    Times-Picayune: New rules limiting juror contact in federal cases could have 'chilling ... To read my earlier post on this issue go here.
Rank this Week: 566

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: 590

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: 621

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/
  • Nov 26

    2d DCA pro tem update

    2d DCA pro tem update
    Judge Helen Bendix of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until January 31, 2015Judge Lee Edmon of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until December 31, 2014…
  • Nov 25

    More noteworthy December appellate program

    More noteworthy December appellate program
    Looking for a reason to spend a Friday (and then, perhaps the weekend) in the Bay Area? Friday, Dec. 5: BASF hosts "View from the Appellate Bench" with an all-star panel of speakers including: Justice Liu, Justices Richman, Pollak, Siggins,…
  • Nov 24

    Supreme Court nomination!!! Angeleno Leondra Kruger

    Supreme Court nomination!!! Angeleno Leondra Kruger
    Governor Brown SelectsLeondra R. Krugerfor California Supreme CourtSACRAMENTO – Governor Edmund G. Brown Jr. today announced Leondra R. Kruger as his choice for associate justice of the California Supreme Court. Leondra R. Kruger,…
Rank this Week: 638

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: 643

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: 651

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: 658

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: 691

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: 707