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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 17

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Apr 26

    Argument analysis: Justices cautious about validating California court’s jurisdiction over claims by out-of-state litigants against out-of-state defendant

    Argument analysis: Justices cautious about validating California court’s jurisdiction over claims by out-of-state litigants against out-of-state defendant
    Tuesday morning’s argument in Bristol-Myers Squibb v. Superior Court of California brought the justices a case at the intersection of class actions and personal jurisdiction. The case involves litigation by several hundred individuals…
  • Apr 26

    Argument transcript

    Argument transcript
    The transcript in Sandoz Inc. v. Amgen Inc. is here; the transcript in Maslenjak v. United States is here. The post Argument transcripts appeared first on SCOTUSblog.
  • Apr 26

    Wednesday round-up

    Wednesday round-up
    Today the court hears oral argument in two cases. The first is Amgen Inc. v. Sandoz Inc. (consolidated with Sandoz Inc. v. Amgen Inc.), a complex case involving rules for the licensing of biosimilars. John Duffy previewed the case for this…
Rank this Week: 25

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
  • Apr 1

    Human Rights & ICTs: Presentation to Amnesty International

    Human Rights & ICTs: Presentation to Amnesty International
    I was invited to give a presentation of around 20 – 25 minutes to Amnesty International’s 2017 Chairs Assembly & Directors Forum (CADF) meeting, held for the first time in Colombo, Sri Lanka. Focussed on the work done through…
  • Mar 21

    Blurred lines: Surveillance and ethic

    Blurred lines: Surveillance and ethic
    I was invited to deliver a short-talk, as part of a public discussion looking at ‘Cross Cutting Dynamics of Online Democracy: Mainstreaming Internet Freedom and the Right to Privacy in Sri Lanka”, at the Bar Association of Sri…
  • Mar 21

    Fast Company’s World Changing Ideas 2017: Finalist

    Fast Company’s World Changing Ideas 2017: Finalist
    ‘Corridors of Power’, a path-breaking project marrying constitutional reform and theory with architecture, is a finalist in Fast Company’s World Changing Ideas 2017 awards, under the Urban Design category. As noted online,…
Rank this Week: 45

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: 66

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: 91

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: 98

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
  • Apr 20

    RabelsZ Vol. 81 (2017) No. 1

    RabelsZ Vol. 81 (2017) No. 1
    We have not yet alerted our readers to the first issue of Rabels Zeitschrift für ausländisches und internationales Privatrecht (RabelsZ) which was published in February 2017. So, here we go: Jürgen…
  • Apr 20

    Now (partly) online: Encyclopedia of Private International Law

    Now (partly) online: Encyclopedia of Private International Law
    During the last four years a group of 181 authors from 57 countries has been working very hard to make a special book project come true: the 4-volume Encyclopedia of Private International Law (published by Edward Elgar and edited by…
  • Apr 19

    Public consultation third party effects transactions in securities and claim

    Public consultation third party effects transactions in securities and claim
    The European Commission has published a public consultation on the conflict of law rules for third party effects of transactions in securities and claims. The aim of the consultation is to ‘gather stakeholders’ views on the…
Rank this Week: 105

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Apr 26

    Expert Claim Constructions of Unconstrued Claims Excluded

    Expert Claim Constructions of Unconstrued Claims Excluded
    Not Dead Yet Manufacturing, Inc. d/b/a/ NDY MFG, Inc. v. Pride Sol’ns., LLC, No. 13 C 3418, Slip Op. (N.D. Ill. Nov. 28, 2016) (Pallmeyer, J.). Judge Pallmeyer granted in part plaintiff NDY’s FRE 702 motion to exclude certain…
  • Apr 24

    Foreign Defendant’s Unknown Address Allows Alternative Service Instead of Hague Convention

    Foreign Defendant’s Unknown Address Allows Alternative Service Instead of Hague Convention
    Levi Strauss & Co. v. Zhejiang Weidu Garment Co., Ltd., No. 16 C 7824, Slip Op. (N.D. Ill. Nov. 17, 2016) (Shadur, Sen. J.). Judge Shadur denied defendant yogee-mall’s Fed. R. Civ. P. 12(b)(2)&(5) motion to dismiss in this…
  • Apr 21

    CLE: Ethics in the Practice of Intellectual Property Law

    CLE: Ethics in the Practice of Intellectual Property Law
    On Friday, May 5, 2017, from 8:15 am – 1:30 pm, John Marshall is hosting its 8th annual Ethics in the Practice of Intellectual Property Law seminar.  In addition to providing ethics credit, the program is top-notch, including:…
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/
Rank this Week: 181

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: 212

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/
  • Apr 25

    SCOTUS Oral Arguments on Personal Jurisdiction

    SCOTUS Oral Arguments on Personal Jurisdiction
    Today the Supreme Court heard oral arguments in two cases on personal jurisdiction. Transcripts below: Bristol-Myers Squibb v. Superior Court (earlier coverage here) BNSF Railway Co. v. Tyrrell (earlier coverage here)
  • Apr 24

    Thornburg on Hoffman on Pleading

    Thornburg on Hoffman on Pleading
    Now on the Courts Law section of JOTWELL is Beth Thornburg’s essay, A Well-Pleaded Argument. Beth reviews Lonny Hoffman’s recent piece, Plausible Theory, Implausible Conclusions, 83 U. Chicago L. Rev. Online 143 (2016).
  • Apr 24

    SCOTUS Denies Cert in Summary Judgment Case

    SCOTUS Denies Cert in Summary Judgment Case
    Today the U.S. Supreme Court denied certiorari in Salazar-Limon v. City of Houston. Unlike most cert denials, this one prompted written opinions—one dissenting and one concurring. Justice Sotomayor, joined by Justice Ginsburg, authored a…
Rank this Week: 218

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 257

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Apr 21

    No Misrepresentation where Plaintiffs Had Access to Information

    No Misrepresentation where Plaintiffs Had Access to Information
    In Haynes v. Lunsford, No. E2015-01686-COA-R3-CV (Tenn. Ct. App. Feb. 2, 2017), the Tennessee Court of Appeals affirmed summary judgment for a real estate agent and agency on a misrepresentation claim where plaintiffs had access to the same…
  • Apr 20

    Summary Judgment Vacated When Order Failed to State Reason for Decision

    Summary Judgment Vacated When Order Failed to State Reason for Decision
    In Battery Alliance, Inc. v. Allegiant Power, LLC, No. W2015-02389-COA-R3-CV (Tenn. Ct. App. Jan. 30, 2017), the Tennessee Court of Appeals vacated a summary judgment order for defendants because the trial court failed to state the legal…
  • Apr 19

    Statute Regarding Community Supervision of Sex Offenders Did Not Confer Private Right of Action

    Statute Regarding Community Supervision of Sex Offenders Did Not Confer Private Right of Action
    In Hale v. State, No. E2016-00249-COA-R3-CV (Tenn. Ct. App. Feb. 2, 2017), the Court of Appeals affirmed dismissal of a negligence case because it was based on the failure of the Tennessee Department of Corrections (TDOC) to ensure compliance…
Rank this Week: 269

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/
  • Apr 26

    Biological and Social Approaches to the LGBT Family

    Biological and Social Approaches to the LGBT Family
    Michael Boucai, Is Assisted Reproduction an LGBT Right?, 2016 Wisc. L. Rev. 1065 (2017).Douglas NeJaimeFor decades, same-sex couples have made claims—in both politics and law—to parenthood. Many of these claims relate to the…
  • Apr 25

    The Staying Power of Injustice and the Prolonged History of the Trafficking of Indian Children in The Other Slavery

    The Staying Power of Injustice and the Prolonged History of the Trafficking of Indian Children in The Other Slavery
    Andrés Reséndez, The Other Slavery: The Uncovered Story of Indian Enslavement in America (2016), available at Amazon.Ann TweedyThe Other Slavery: The Uncovered Story of Indian Enslavement in America is a devastating encyclopedic…
  • Apr 24

    A Well-Pleaded Argument

    A Well-Pleaded Argument
    Lonny Hoffman, Plausible Theory, Implausible Conclusions, 83 U. Chicago L. Rev. Online 143 (2016).Elizabeth G. ThornburgI should start by putting my own bias on the table: I think the changes to pleading standards brought about by Twombly and…
Rank this Week: 270

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Mar 19

    Is Judge Gorsuch Really Committed To Legal Textualism?

    Is Judge Gorsuch Really Committed To Legal Textualism?
    Judge Gorsuch’s confirmation hearing for his nomination to the United States Supreme Court begins today. He has been called “an originalist and a textualist,” someone with a “strong commitment to textualism.” He…
  • Mar 7

    Treating Physicians & Non-Retained Expert Witnesses: What Do Parties Have To Disclose Before Trial?

    Treating Physicians & Non-Retained Expert Witnesses: What Do Parties Have To Disclose Before Trial?
          Federal court litigators are of course familiar with Fed.R.Civ.P. 26(a)(2)(B), which requires “a written report” from the witnesses we typically think of as “expert witnesses,” i.e., the witnesses…
  • Feb 16

    HR 985: A Sneak Attack On Veterans, Consumers, and Patient

    HR 985: A Sneak Attack On Veterans, Consumers, and Patient
    Without even holding a hearing, the House Judiciary Committee just passed a new bill (H.R. 985) that would make it far harder to sue large corporations when they cheat or hurt people. The vote was on party lines, with all Republicans voting…
Rank this Week: 287

Expert Witness Blog

Expert Witness Blog

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

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

    Michigan Appeals Court Affirms Exclusion of Oncology Expert Witne

    Michigan Appeals Court Affirms Exclusion of Oncology Expert Witne
    In this medical malpractice case, the plaintiff appeals an opinion of the trial court excluding the opinion on oncology expert witness.  The appeals court affirmed the lower court opinion. Facts: This case (ESTATE OF PEYTON v. NOVI…
  • Apr 22

    Radiology Expert Witness Paid Through Disbursement Funding

    Radiology Expert Witness Paid Through Disbursement Funding
    In a recent Lawyers’ Weekly article “David Can Now Challenge Goliath”, the issue of taking on a party who has access to unlimited resources is addressed.  JustKapital, a litigation funder that offers finance to…
  • Apr 17

    Labels & Warnings Expert Witness Not Allowed

    Labels & Warnings Expert Witness Not Allowed
    Plaintiff sued defendant after she was injured after falling off a personal watercraft.  Plaintiff hired a labels & warnings expert witness to assist in her case and defendant filed a motion to exclude.  The court granted the…
Rank this Week: 298

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 308

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: 337

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: 349

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
  • Apr 9

    Tackling Issues on the Hill

    Tackling Issues on the Hill
    As James M. Early, CSSC, a Senior Advisor at Ringler, becomes the 2017 President of the National Structured Settlement Trade Association (NSSTA), there's work to do on Capitol Hill.  Listen as Jim Early talks with Ringler Radio host,…
  • Mar 12

    Dissipation of Personal Injury Settlement

    Dissipation of Personal Injury Settlement
    Personal injury victims receiving large legal settlements may discover that within a short period of time, the money is gone. Without proper guidance, education and customized settlement planning, a financial windfall can become a financial…
  • Feb 26

    Nursing Home Residents and Litigation

    Nursing Home Residents and Litigation
    Ringler Radio host, Larry Cohen and cohost, Peter Early take on the topic of litigation when it comes to nursing home residents. Hear expert litigation manager, Christine Kehoe, at Hamlin & Burton Liability Management, discuss Medicare…
Rank this Week: 360

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/
  • Apr 19

    NY Ethics Committee on lawyers accepting credit card payment

    NY Ethics Committee on lawyers accepting credit card payment
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** NY Ethics Committee on lawyers accepting credit card payments The Internet and cloud computing have drastically altered the legal landscape,…
  • Apr 12

    Attorney-client privilege waived when non-password protected files stored online

    Attorney-client privilege waived when non-password protected files stored online
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Attorney-client privilege waived when non-password protected files stored online Lawyers have been using cloud computing for nearly a decade…
  • Apr 6

    Survey shows how lawyers use technology in 2017

    Survey shows how lawyers use technology in 2017
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Survey shows how lawyers use technology in 2017 Technology has become part of the fabric of our lives. Its effects are inescapable and its…
Rank this Week: 383

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/
  • Apr 17

    ASNP 2017 Annual Conference

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

    SSP 2017 Annual Conference

    SSP 2017 Annual Conference
    Although the Society of Settlement Planners (SSP) was founded in 2000, the term "settlement planner" is still viewed by many structured settlement stakeholders as an inflated synonym for "plaintiff broker". Current SSP President Joseph Tombs…
  • Feb 23

    Structured Settlement 2016 Annuity Sale

    Structured Settlement 2016 Annuity Sale
    Among many recent structured settlement industry developments, perhaps the most significant and impressive has been the continuation of sustained primary market annuity sales growth - especially in the context of various industry challenges.…
Rank this Week: 387

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: 405

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 410

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: 430

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: 436

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

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

    Above the Law: Mississippi Has a Lawyer Shortage

    Above the Law: Mississippi Has a Lawyer Shortage
    On Monday I wrote about an Above the Law article that portrayed Mississippians as dumb. I wasn’t a fan. But my biggest complaint was the article’s suggestion that there is a shortage of attorneys in Mississippi: Mississippi is a…
  • Apr 24

    Above the Law Slams Mississippi Bar Passage Rate

    Above the Law Slams Mississippi Bar Passage Rate
    We’re just a bunch of morons here in Mississippi. That’s the theme of this recent Above the Law article by Joe Patrice discussing the 36% pass rate for the February Bar Examination. From the article: Few things are certain in this…
  • Apr 19

    Rocky Wilkins Joins Morgan & Morgan

    Rocky Wilkins Joins Morgan & Morgan
    A couple of weeks ago Jackson personal injury attorney Rocky Wilkins announced that he will join the Jackson office of Morgan & Morgan on May 1. It’s my understanding that the plan is for Rocky to try all of the firm’s…
Rank this Week: 441

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: 455

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: 460

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: 482

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: 495

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: 501

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: 524

Asset Search Blog

Asset Search Blog

Covers asset searches, fraud investigations, and legal strategies for recovering hidden assets. By Fred L. Abrams.

http://www.assetsearchblog.com/
  • Aug 21

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

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

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

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

    A Laundry List For An Asset Search

    A Laundry List For An Asset Search
    Governmental authorities follow money trails in order to interdict assets hidden by narco-traffickers; money launderers; Ponzi schemers; tax fraudsters & other determined criminals. During your asset search, you can similarly follow…
Rank this Week: 548

Juries

Juries

Discusses jury-related issues.

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

    The Influence of Jurors' Social Identities on Jurors' Evaluations of Auditor Negligence

    The Influence of Jurors' Social Identities on Jurors' Evaluations of Auditor Negligence
    Reginald Wilson Abstract This paper exploits the Social Identity Theory and auditing expertise literature to examine jurors’ perceptions of auditor negligence following an alleged audit failure in which an accounting firm provides…
  • Apr 22

    Latest Edition of the Jur-E Bulletin

    Latest Edition of the Jur-E Bulletin
    Press Release: New website offers resources for high-profile trials A high-profile case can land in your court with little or no warning. If unprepared, such cases can create chaos, absorb resources, and place your court at the center of…
  • Apr 20

    Jury Waivers in Wisconsin

    Jury Waivers in Wisconsin
    Recently, the Wisconsin Supreme Court in Parsons v. Associated Banc-Corp., 2017 WI 37 made it easier for parties to waive their rights to a jury trial. In rendering its decision, the state high court reversed an appellate court that held...
Rank this Week: 568

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: 576

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: 585

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/
  • Apr 25

    Yeah, that just happened...

    Yeah, that just happened...
     The NLJ's article Calling Justice Breyer: A Court Interrupted, begins:When the late Supreme Court Justice Robert Jackson wrote in 1953 that justices are infallible “only because we are final,” he did not have cellphones in…
  • Apr 25

    Frivolous appeal sanction

    Frivolous appeal sanction
    Today 4/1 imposes $18,810 in sanctions against plaintiffs/appellants and counsel (jointly and severally) for a frivolous appeal here. Lots of good quotes here, and some good lessons, including why one shouldn't fight against res…
  • Apr 25

    Why does it take longer to affirm than to reverse?

    Why does it take longer to affirm than to reverse?
    Appellate stat-master Kirk Jenkins is back in today's DJ offering Why does it take longer to affirm than to reverse? He explains "at the California Supreme Court the time from grant to argument is typically several times as long as the…
Rank this Week: 613

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/
  • Jul 28

    Sanchez v. Crocs, Inc.: The Tenth Circuit Address Extraterritoriality

    Sanchez v. Crocs, Inc.: The Tenth Circuit Address Extraterritoriality
    In Sanchez v. Crocs, Inc., 2016 U.S. App. LEXIS 13285 (10th Cir. 2016), the Tenth Circuit addressed whether, after Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010), a plaintiff has standing, under § 10(b) of the Securities…
  • Jul 14

    Another District Court Examines Extraterritoriality of the Alien Tort Statute

    Another District Court Examines Extraterritoriality of the Alien Tort Statute
    Ates v. Gülen, 2016 U.S. Dist. LEXIS 84685 (M.D. Penn. June 29, 2016),  is one of the recent cases to examine the Alien Tort Statute (ATS) since the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct.…
  • Jul 11

    The Supreme Court Considers Extraterritoriality of RICO

    The Supreme Court Considers Extraterritoriality of RICO
    RJR Nabisco, Inc. v. European Cmty, 26 Fla. L. Weekly Fed. S 263, is one of the rare cases by the Supreme Court that addresses an important issue of international practice. The case arises from a suit brought by the European Community and 26…
Rank this Week: 696

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
  • Apr 25

    Louisiana Governor Edwards’ Proposed Commercial Activity Tax Dies In House Ways and Means Committee

    Louisiana Governor Edwards’ Proposed Commercial Activity Tax Dies In House Ways and Means Committee
    By William J. Kolarik, II On April 25, 2017, State Representative Sam Jones requested that the Louisiana House Committee on Ways and Means voluntarily defer HB628, which would have imposed a commercial activity tax upon many business…
  • Apr 25

    Impact of Delek Refining Decision on EPA’s RMP Penalty Policy

    Impact of Delek Refining Decision on EPA’s RMP Penalty Policy
    By R. Lee Vail, P.E., Ph.D. At the very end of 2016, the Fifth Circuit Court of Appeals vacated two Occupational Safety and Health Administration (“OSHA”) citations for alleged violations of Process Safety Management…
  • Apr 23

    CMS Posts Revisions to Voluntary Self-Referral Disclosure Protocol

    CMS Posts Revisions to Voluntary Self-Referral Disclosure Protocol
    By Lyn Savoie On March 27, 2017, the Centers for Medicare and Medicaid Services (CMS) posted revisions to the Voluntary Self-Referral Disclosure Protocol (SRDP), which provides a process for the disclosure of potential or actual violations of…
Rank this Week: 758

Deliberations

Deliberations

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

http://jurylaw.typepad.com/deliberations/
  • Dec 1

    5 Things to Consider for Post Trial Juror Research

    5 Things to Consider for Post Trial Juror Research
    By Alexis Knutson My relationship with post trial juror interviews is complicated. On one hand, this service is one of my favorite that we provide as trial consultants. I speak to the jurors when they are fresh from their duty, still buzzing…
  • Nov 3

    Just When You Thought it was Safe . . .

    Just When You Thought it was Safe . . .
    By Daniel Dugan Just when you thought we had gotten past having to explain Gene Hackman’s unethical behavior as a trial consultant in “The Runaway Jury,” “Bull,” the TV show on CBS steps in. Bull tends to espouse…
  • Oct 12

    It’s All [Dr.] Bull

    It’s All [Dr.] Bull
    I guess CBS ran out of ideas for shows mischaracterizing lawyers. The latest Hollywood creation-- Bull, airing on CBS Tuesday nights at 9PM – is a show inspired by the former career of Dr. Phil, as a trial consultant, and, his former…
Rank this Week: 766

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: 768

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/
  • Apr 20

    We are Always Looking for One or Two More Good Clients . . . Even When Business is Great

    We are Always Looking for One or Two More Good Clients . . . Even When Business is Great
    One of the questions people ask me frequently is about whether we are accepting new clients. While the short answer is “Yes”, here is some additional information which many people find interesting . . .
  • Apr 11

    Woman Sues Chipotle for $2.2 Billion Over Unauthorized Use of Her Image

    Woman Sues Chipotle for $2.2 Billion Over Unauthorized Use of Her Image
    Does a company have the right to use someone’s image without their permission? That question is central to a new lawsuit. While the lawsuit’s merit remains undetermined, it is stirring up negative publicity for the company.…
  • Mar 30

    Screenwriter Files Lawsuit Against Disney Over Zootopia

    Screenwriter Files Lawsuit Against Disney Over Zootopia
    A screenwriter/producer is suing The Walt Disney Company over its award-winning animated film “Zootopia.” The writer claims that the entertainment giant stole his idea after he pitched it to studio executives in 2000 and 2009.…
Rank this Week: 812

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
Rank this Week: 813