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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
  • May 28

    "Markel's ex-wife lauds investigators, arrest"

    "Markel's ex-wife lauds investigators, arrest"
    "Markel's ex-wife lauds investigators, arrest": Karl Etters has this front page article in today's edition of The Tallahassee Democrat. In other coverage from that newspaper, Sean Rossman reports that "PrawfsBlawg continues after Markel's…
  • May 28

    "'Parking While Black' Is Not Probable Cause for an Arrest"

    "'Parking While Black' Is Not Probable Cause for an Arrest"
    "'Parking While Black' Is Not Probable Cause for an Arrest": Law professor Noah Feldman has this essay online at Bloomberg View.
  • May 28

    "Court: Juvenile killers can't get life without parole."

    "Court: Juvenile killers can't get life without parole."
    "Court: Juvenile killers can't get life without parole." Grant Rodgers has this front page article in today's edition of The Des Moines Register. In today's edition of The New York Times, Dave Philipps has an article headlined "Iowa Court…
Rank this Week: 18

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • May 27

    Polly Price on the Chinese Exclusion Case and immigration in the Progressive Era

    Polly Price on the Chinese Exclusion Case and immigration in the Progressive Era
    In 1875, Chae Chan Ping left San Francisco for China with a certificate promising him re-entry upon his return. Congress had recently banned new laborers from China, but it had made an exception for previous residents who held certificates…
  • May 27

    Relist Watch Redux

    Relist Watch Redux
    John Elwood reviews Monday’s relisted cases. It’s the Friday before Memorial Day, which means if you’re reading skimming this post, you’re probably experiencing an interminable wait in an airport security line, wearing…
  • May 27

    Friday round-up

    Friday round-up
    Coverage relating to the death of Justice Antonin Scalia and the nomination of Chief Judge Merrick Garland to succeed him comes from Mike DeBonis of The Washington Post, who reports that a Utah newspaper mistakenly published Sen. Orrin…
Rank this Week: 28

ICT for Peacebuilding

ICT for Peacebuilding

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

http://ict4peace.wordpress.com
  • Mar 15

    Countering Violent Extremism & Mobile Advocacy in Myanmar

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

    Operationalizing Peace Operations Reform

    Operationalizing Peace Operations Reform
    Clearing the Decks After a Year of Reviews: Operationalizing Peace Operations Reform, organised by ZIF, the Centre for International Peace Operations, was held from 25 – 26 February just outside of Berlin. Agenda here. I was asked to…
  • Dec 17

    Technology and Public Participation – What’s New?

    Technology and Public Participation – What’s New?
    Via ConstitutionNet’s website. ### Sanjana Hattotuwa of the ICT4Peace Foundation speaks about the key characteristics and functionalities of the internet, social media and mobile technologies which have changed our world, and which…
Rank this Week: 44

Point of Law Forum

Point of Law Forum

Provides information and opinion on the U.S. litigation system. By the Manhattan Institute and AEI Liability Project. Contributors include Professors Michael Krauss, David Bernstein, Lester Brickman, Michael DeBow, Richard Epstein, Daniel P. Kessler and Stephen Presser.

http://www.pointoflaw.com/
  • Nov 27

    Chairman Schapiro's Troubled Tenure at the SEC

    Chairman Schapiro's Troubled Tenure at the SEC
    Chairman Schapiro announced yesterday that she will be stepping down as head of the Securities and Exchange Commission (SEC) in several weeks. Accompanying her announcement, was a nine-page list of her accomplishments during her nearly…
  • Nov 26

    The Philadelphia Story

    The Philadelphia Story
    The success of trial lawyers in Philadelphia has come at the expense of the Pennsylvania economy. Our own Jim Copland explains in an op-ed and at great detail in Trial Lawyers Inc. - Philadelphia....
  • Nov 25

    Senator-elect Warren's Quandary

    Senator-elect Warren's Quandary
    There has been a lot of speculation about whether Senator-elect Elizabeth Warren will get a seat on the Senate Banking Committee, a perfect forum to go after the financial industry. If Ms. Warren does get the coveted spot, she may...
Rank this Week: 64

Information Governance Engagement…

Information Governance Engagement Area

Established with the goal of aggregating key compliance and electronic discovery news for further review, study, and consideration by legal and corporate professionals. By Rob Robinson.

http://infogovernance.blogspot.com/
  • Apr 1

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com
    Effective April 1, 2015, the Information Governance Engagement Area blog will no longer be updated on a regular basis.  New content ranging from news and events to opinions and assertions will now be available exclusively on the…
  • Mar 31

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix
    By John MartinDocuments in file shares, content management systems, and scanned archives are often described as “unstructured.” However, there is typically a high level of structure in and interconnectedness among those documents.…
  • Mar 30

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR
    By John TredennickTechnology assisted review has a transparency problem. Notwithstanding TAR’s proven savings in both time and review costs, many attorneys hesitate to use it because courts require “transparency” in the TAR…
Rank this Week: 95

Class Action Defense Blog

Class Action Defense Blog

Covers CAFA, class certification, employment law, FCRA, FDCPA and multidistrict litigation. By Michael Hassen of Jeffer Mangels Butler & Mitchell LLP.

http://classactiondefense.jmbm.com/
Rank this Week: 97

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Feb 24

    No Reasonable Construction Would Save Plaintiff’s Patent Infringement Claim

    No Reasonable Construction Would Save Plaintiff’s Patent Infringement Claim
    Nalco Co. v. Chem-Mod, LLC, No. 14 C 2510, Slip Op. (N.D. Ill. Oct. 15, 2015) (Darrah, J.). Judge Darrah granted defendants’ motion to dismiss defendants’ motion to dismiss plaintiff Nalco’s Third Amended Complaint pursuant…
  • Feb 22

    Counterfeit Sales Warrant Statutory Damages, Permanent Injunction and Attorney’s Fee

    Counterfeit Sales Warrant Statutory Damages, Permanent Injunction and Attorney’s Fee
    Bulgari, S.P.A. V. Zou Xiaohong, No. 15 C 5148, Slip Op. (N.D. Ill. Oct. 15, 2015) (Coleman, J.). Judge Coleman granted in part plaintiff Bulgari’s motion for summary judgment of trademark infringement, a permanent injunction and its…
  • Feb 19

    Design Patent Functionality Decision is a Question of Law

    Design Patent Functionality Decision is a Question of Law
    Dyson, Inc. v. SharkNinja Operating LLC, No. 14 C 779, Slip Op. (N.D. Ill. Nov. 17, 2015) (Darrah, J.). Judge Darrah denied defendants’ (collectively “SharkNinja”) motion for reconsideration of the Court’s denial of…
Rank this Week: 109

Conflict of Laws .net

Conflict of Laws .net

Covers news and discussion on the conflict of laws in private international law cases. Editor is Martin George of the University of Birmingham. Published in association with the Journal of Private International Law.

http://conflictoflaws.net
  • May 28

    The Proposed Revision of the Posting Directive (paper)

    The Proposed Revision of the Posting Directive (paper)
    Veerle Van Den Eeckhout has written a working paper version of an article on the Proposed  Revision of the Posting Directive.  The working paper, in Dutch, is entitled “Toepasselijk arbeidsrecht bij…
  • May 27

    Out now: Matthias Weller (ed.), Europäisches Kollisionsrecht (2016)

    Out now: Matthias Weller (ed.), Europäisches Kollisionsrecht (2016)
    Professor Dr. Matthias Weller, European Business Law School-University of Wiesbaden (Germany), has edited and co-authored a new volume on European Conflict of Laws (in German): Europäisches Kollisionsrecht (Nomos; Baden-Baden, 2016). The…
  • May 26

    Thöne on the abolition of Exequatur in the European Union

    Thöne on the abolition of Exequatur in the European Union
    Meik Thöne has authored a book on the abolition of exequatur proceedings under the new Brussels I-Regulation (“Die Abschaffung des Exequaturverfahrens und die EuGVVO”, Mohr Siebeck, 2016, IX + 289 pages). The…
Rank this Week: 114

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/
  • Feb 9

    A Noteworthy Event – March 17-18, 2016

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

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

    Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court
    Robertson v Exxon Mobil Corp., 2015 WL 9592499 (5th Cir. Dec. 31, 2015). In a personal injury and a property damage action, the Fifth Circuit reversed the district court’s order remanding the action finding that the defendants had by…
  • Jan 13

    Fifth Circuit weighs in on ambiguous class definition

    Fifth Circuit weighs in on ambiguous class definition
    Arbuckle Mountain Ranch of Texas Inc v Chesapeake Energy Corporation, Case No. 15-10955, 2016 WL 98128 (5th Cir. Jan 7, 2016). In a 2-1 decision, the Fifth Circuit examined an ambiguous complaint suggesting two class definitions, (one a…
Rank this Week: 189

Appellate Law & Practice

Appellate Law & Practice

Covers appellate law and advocacy.

http://appellate.typepad.com/appellate/
  • Dec 10

    Giving it up.

    Giving it up.
     I am going to be discontinuing my participation in this blog in the next week or so.  If you want someone to blame, blame 1) non-lawyers; 2) furries; and 3) the victims rights/tort reform industry. 
  • Dec 8

    CA1: large law firm loses case on behalf of client

    CA1: large law firm loses case on behalf of client
     US Securities & Exch v. Tambone, No. 07-1384. This is a close case. On the one hand, the government is bringing an enforcement action regarding misleading prospectuses to sell mutual funds. On the other hand, the defendants are represented…
  • Dec 8

    CA1: It’s official. Everything is mail fraud.

    CA1: It’s official. Everything is mail fraud.
    US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, “mail fraud”). The first says that pretty…
Rank this Week: 208

Civil Procedure & Federal Courts…

Civil Procedure & Federal Courts Blog

By Robin Effron, Cynthia L. Fountaine, Patricia Hatamyar Moore and Adam Steinman.

http://lawprofessors.typepad.com/civpro/
  • May 27

    Forced Individual Arbitration of Wage-and-Hour Claims Violates NLRA

    Forced Individual Arbitration of Wage-and-Hour Claims Violates NLRA
    The Seventh Circuit Court of Appeals, in an opinion by Judge Diane Wood, held that forcing an employee to agree to bring any wage-and-hour claim through individual arbitration violated the National Labor Relations Act. Lewis v. Epic Systems…
  • May 25

    Goings-On in the Committee that Never Sleeps (a/k/a the Civil Rules Advisory Committee)

    Goings-On in the Committee that Never Sleeps (a/k/a the Civil Rules Advisory Committee)
    The indefatigable Advisory Committee on Civil Rules met on April 14, 2016 and prepared a report to the Committee on Rules of Practice and Procedure (the Standing Committee), which will meet June 6-7, 2016. The report begins at page 251...
  • May 18

    SCOTUS Vacates Ninth Circuit in Spokeo, Remands for New “Concreteness” Inquiry

    SCOTUS Vacates Ninth Circuit in Spokeo, Remands for New “Concreteness” Inquiry
    The Supreme Court issued Spokeo, Inc. v. Robins, No. 13-1339, earlier this week. In a majority opinion unlikely to make anyone happy, the Court vacated the Ninth Circuit’s decision, which held that Robins had adequately alleged Article III…
Rank this Week: 215

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/
  • May 27

    Disclosure about Disclosure

    Disclosure about Disclosure
    Margaret B. Kwoka, FOIA, Inc., Duke L.J. (forthcoming 2016), available on SSRN.Anne O'ConnellCongress may be gridlocked on many issues, but both parties are working hard to strengthen the Freedom of Information Act. Motivations differ, of…
  • May 26

    A Cure for Just-In-Time Scheduling

    A Cure for Just-In-Time Scheduling
    Charlotte Alexander, Anna Haley-Lock, and Nantiya Ruan, Stabilizing Low-Wage Work: Legal Remedies for Unpredictable Work Hours and Income Instability, 50 Harv. C.R.-C.L. L. Rev. 1 (2015) available at SSRN.Charlotte GardenMany…
  • May 25

    Add Probating Your Will to Your Bucket List

    Add Probating Your Will to Your Bucket List
    Susan G. Thatch, Ante-Mortem Probate in New Jersey—An Idea Resurrected?, 39 Seton Hall Legis. J. 331 (2015).Gerry W. BeyerAnte-mortem probate addresses a glaring deficiency with the post-mortem probate model prevalently used in the…
Rank this Week: 263

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • May 20

    No Causation Found For Plaintiff Injured by Dorm Fire Alarm

    No Causation Found For Plaintiff Injured by Dorm Fire Alarm
    In Crutchfield v. State, No. M2015-01199-COA-R3-CV (Tenn. Ct. App. April 18, 2016), plaintiff sued the State for alleged negligence regarding a fire alarm in her college dorm room at Tennessee Technological University (TTU), a state…
  • May 18

    Refusal to Strike HCLA Expert Affirmed

    Refusal to Strike HCLA Expert Affirmed
    In Bogle v. Nighthawk Radiology Services, LLC, No. M2014-01933-COA-R3-CV (Tenn. Ct. App. April 6, 2016), the dispositive issue was whether the trial court should have stricken defendant’s expert testimony in a health care liability case…
  • May 11

    Summary Judgment Reversed in Legal Malpractice Case

    Summary Judgment Reversed in Legal Malpractice Case
    In Roberts v. Ray, No. E2015-01522-COA-R3-CV (Tenn. Ct. App. April 13, 2016), the Court of Appeals reversed summary judgment on a legal malpractice claim, finding that there were genuine issues of material fact in the case. Plaintiff’s…
Rank this Week: 273

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 280

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • May 25

    Fire Expert Witness Testimony Allowed

    Fire Expert Witness Testimony Allowed
    Plaintiff hired expert to opine on the cause of a fire in a house leased by defendants.  Defendants filed a motion to exclude the expert witness testimony of the fire expert.  The court ruled in favor of plaintiff. Facts:  This…
  • May 18

    Hydrologist’s Expert Testimony Allowed in Groundwater Contamination Case

    Hydrologist’s Expert Testimony Allowed in Groundwater Contamination Case
    Defendant is accused of contaminating groundwater near a missile motor casings site. Plaintiff challenged the expert witness testimony of defendant’s hydrologist expert.  The court denied the motion to exclude. Facts: This case…
  • May 2

    Police Practices Expert Testimony Partially Allowed

    Police Practices Expert Testimony Partially Allowed
    Plaintiff sued the City of Chicago Heights and others alleging that he was deprived of his constitutional rights after his murder and attempted murder convictions were overturned.  The defendants challenged the expert witness testimony…
Rank this Week: 301

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • May 26

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

    Hulk Hogan v Gawker Legal FAQ – In Their Lawyers’ Word
    In 1787, “Cincinnatus,” a common nom de plume of anti-federalists, wrote to James Wilson: It is an easy step from restraining the press to making it place the worst actions of government in so favorable a light, that we may groan…
  • May 19

    Good Doctors Learn From Malpractice; Bad Doctors Lobby For New Law

    Good Doctors Learn From Malpractice; Bad Doctors Lobby For New Law
    A week ago, the Wall Street Journal published an excellent article, “Clues to Better Health Care From Old Malpractice Lawsuits,” which detailed the way that malpractice insurers and medical safety groups have been pouring through…
  • May 15

    Death From Medical Error: Even More Common Than The Headlines Say

    Death From Medical Error: Even More Common Than The Headlines Say
    A recent article in the British Medical Journal made the headline-grabbing claim that medical errors were now “the third leading cause of death in the US,” behind only cancer and heart disease. Medical errors, in their estimate,…
Rank this Week: 303

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 307

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: 340

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
  • May 15

    An Update on Structured Settlement Legislation

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

    The Johnson & Johnson Talcum Powder Verdict

    The Johnson & Johnson Talcum Powder Verdict
    A jury in City of St. Louis Circuit Court found Johnson & Johnson liable for injuries resulting from the use of its talc-containing products such as Johnson’s Baby Powder and Shower to Shower body powder for feminine hygiene. On…
  • Apr 11

    What WILG is Doing for Workers' Compensation

    What WILG is Doing for Workers' Compensation
    Workers' Injury Law & Advocacy Group, also known as WILG, is the national non-profit organization of legal professionals dedicated to representing the interests of millions of workers and their families who suffer work-related injuries or…
Rank this Week: 360

Minnesota Litigator

Minnesota Litigator

Covers legal developments for civil litigators in Minnesota. By Seth Leventhal.

http://www.minnesota-litigator.com/
  • Nov 14

    “A Question of Exceptional Importance”

    “A Question of Exceptional Importance”
    Update (November 14, 2014): Since my earlier post on Bruce Carneil Webster’s case, below (the death penalty case in which Dorsey & Whitney lawyers are fighting for Webster, a mentally retarded man on death row), Webster lost the…
  • Nov 13

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.
    Update (November 13, 2014): This endless case might be nearing its end, with the Minnesota Court of Appeals’ dramatic reduction in the trial court’s award of the victorious Plaintiff’s lawyers’ fees. We conclude…
  • Nov 12

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)
    Update (November 12, 2014): It seems with each filing (as described below) the news gets worse for defendant U.S. Sugar Company in this case, which appears to be about the defendant’s misfortune of buying sugar at historic high prices…
Rank this Week: 375

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/
  • May 3

    Join Me In NYC On 5/9 At NASDAQ To Celebrate Law Day

    Join Me In NYC On 5/9 At NASDAQ To Celebrate Law Day
    Next week on May 9th I'll be in NYC with MyCase and the ABA. I hope you can join me to celebrate Law Day--with a focus on the importance of the Miranda decision and preserving our constitutional rights--at an event hosted by MyCase at NASDAQ…
  • Apr 29

    New Jersey Court On Ethical Implications Of Lawyers Mining Social Media

    New Jersey Court On Ethical Implications Of Lawyers Mining Social Media
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** New Jersey Court On Ethical Implications Of Lawyers Mining Social Media I’ve written many times in the past about how lawyers can…
  • Apr 28

    Lawyers and Social Media in 2016

    Lawyers and Social Media in 2016
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Lawyers and Social Media in 2016 Social media has been part of our daily lives for nearly a decade. At first, many lawyers were skeptical,…
Rank this Week: 380

Beyond Structured Settlements

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/
  • May 18

    S2P2J Release 59

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

    NSSTA 2016 Annual Conference

    NSSTA 2016 Annual Conference
    Len Blonder is a structured settlement pioneer now beginning an unprecedented third term as President of the National Structured Settlement Trade Association (NSSTA). It may seem counterintuitive, therefore, or perhaps wishful thinking, but…
  • Apr 4

    Patrick Williams Interview

    Patrick Williams Interview
    As the National Structured Settlement Trade Association (NSSTA) prepares for its 2016 Annual Meeting this week in Palm Beach Gardens, Florida, the primary structured settlement market faces many challenges - perhaps none greater than…
Rank this Week: 390

Electronic Discovery Law

Electronic Discovery Law

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

http://www.ediscoverylaw.com/
  • May 23

    Once Again, UK Court Approves Use of Predictive Coding

    Once Again, UK Court Approves Use of Predictive Coding
    It seems that predictive coding may be catching on in the UK. Not long ago, the English High Court approved the use of predictive coding for the first time in Pyrrho Investments Ltd v MWB Property Ltd [2016] EWHC 256 (Ch). In that case, the…
  • May 17

    Citing Restoration and Production of Deleted Emails, Court Denies Sanction

    Citing Restoration and Production of Deleted Emails, Court Denies Sanction
    FiTeq Inc. v. Venture Corp., No. 13-cv-01946-BLF, 2016 WL 1701794 (N.D. Cal. Apr. 28, 2016) In this case, the court denied Plaintiff’s motion to “instruct jurors that they may presume Venture carried out or allowed the destruction…
  • May 11

    Court Orders Production of “Download Your Info” Report from Facebook

    Court Orders Production of “Download Your Info” Report from Facebook
    Rhone v. Schneider Nat’l Carriers, Inc., No. 4:15-cv-01096-NCC, 2016 WL 1594453 (E.D. Mo. Apr. 21, 2016) In this personal injury case, the court ordered Plaintiff to produce a “Download Your Info” report from Facebook,…
Rank this Week: 403

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • May 26

    No Third Party Bad Faith Claim

    No Third Party Bad Faith Claim
    In a recent Pennsylvania Eastern Federal District decision in the case of Leboon v. Zurich Am. Ins. Co., No. 15-05904 (E.D. Pa. April 18, 2016 Pappert, J.), the court ruled that the party injured by an insured has no standing to bring a bad…
  • May 25

    STILL TIME TO REGISTER FOR UPCOMING LACKAWANNA PRO BONO GOLF TOURNAMENT SET FOR JUNE 10, 2016

    STILL TIME TO REGISTER FOR UPCOMING LACKAWANNA PRO BONO GOLF TOURNAMENT SET FOR JUNE 10, 2016
    The Lackawanna Pro Bono Golf Tournament is set for June 10, 2016 at the Blue Ridge Trail Golf Club in Mountaintop, Pennsylvania with a shotgun start at 12:30 p.m.The Golf Tournament will be preceded by a CLE program and Lunch at 11…
  • May 24

    Western District Federal Court Grants Carrier's Motion to Remand Post-Koken Case to Federal Court

    Western District Federal Court Grants Carrier's Motion to Remand Post-Koken Case to Federal Court
    In a recent May 10, 2016 decision out of the Federal Western District Court of Pennsylvania in the case of Schutte v. GEICO, 2:16-cv-00374  (W.D. Pa. May 10, 2016 Schwab, J.), Judge Arthur J. Schwab denied a Plaintiff’s Motion to…
Rank this Week: 411

TortDeform

TortDeform

A civil justice defense blog. By the Drum Major Institute for Public Policy.

http://www.tortdeform.com/
  • May 20

    The Politics Behind Tort Reform

    The Politics Behind Tort Reform
    Hello, and welcome back after that fifteen-month intermission. I've been too busy helping people to blog about the forces that want to prevent me from helping people. To dip my toe back in the blogging water, I thought I'd give a…
  • Feb 17

    The value of a human life and damage cap

    The value of a human life and damage cap
    Even if we go with the Bush-era figure of $6.8 million, you’re far above the often-proposed cap of $250,000 for noneconomic damages.  I’m morally opposed to ANY damage cap because I don’t believe that you can set a flat rate on every…
  • Feb 9

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective
    Which is a greater tragedy: A child dying at the hands of an incompetent doctor, or a toy company ripping off the design of a doll from another toy company?  Brian Wilson discusses how out-of-whack our priorities are regarding…
Rank this Week: 427

the complex litigator

the complex litigator

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

http://thecomplexlitigator.com/post-data/
  • Aug 12

    Luckey v. Superior Court says no to temporary judges for class settlement approval

    Luckey v. Superior Court says no to temporary judges for class settlement approval
    In Luckey v. Superior Court (July 22, 2014), the Court of Appeal (Second Appellate District, Division Three), the Court considered a writ following the denial of a stipulation to utilize a temporary judge to handle a class settlement…
  • Aug 12

    Misclassifcation of independent contractors gets a boost in Ayala v. Antelope Valley Newspaper

    Misclassifcation of independent contractors gets a boost in Ayala v. Antelope Valley Newspaper
    As I fill the backlog, we have yet another big decision from the California Supreme Court. In Ayala v. Antelope Valley Newspapers, 59 Cal. 4th 522 (June 30, 2014), the Supreme Court examined how the question of certification should be…
  • Aug 12

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC
    Next up on the update list is Iskanian v. CLS Transportation Los Angeles LLC (June 23, 2014). In Iskanian, a limousine driver filed a class action lawsuit on behalf of himself and similarly situated employees for his employer’s alleged…
Rank this Week: 442

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • May 27

    Mississippi Legal Icons Pa

    Mississippi Legal Icons Pa
    Two icons in the Mississippi legal community are no longer with us with the passing this week of Judge Marcus Gordon and famed attorney Gene Tullos of Smith County. Here is a Jerry Mitchell Clarion-Ledger article on the passing of Judge…
  • May 25

    May Miss. Jury Verdict Reporter Preview

    May Miss. Jury Verdict Reporter Preview
    Here is a preview of the May 2016 issue of the Miss. Jury Verdict Reporter: $59,000 verdict- Harrison County breach of contract case (2/19/16); $600 verdict- DeSoto County car wreck case (3/17/16); defense verdict- DeSoto County medical…
  • May 23

    Report: Most Lawyers Are Not Busy Enough

    Report: Most Lawyers Are Not Busy Enough
    You are not alone if you are a partner at a law firm and aren’t busy enough. According to this ABA article an Altman Weil report reveals that most partners aren’t busy enough. The figure is 80% for non-equity partners at big…
Rank this Week: 450

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: 458

Trial Ad Notes

Trial Ad Notes

Offers news items and resources relating to trial advocacy, with a focus on Washington State. By Mary Whisner.

http://trialadnotes.blogspot.com/
  • Apr 13

    National Academies reports - Growth of Incarceration

    National Academies reports - Growth of Incarceration
    The Growth of Incarceration in the United States: Exploring Causes and Consequences (2014), packed with research and analysis from social scientists and policy experts, is available as a free PDF from the National Academies Press.This…
  • Apr 9

    Evidence-Based Practice in Criminal Defense

    Evidence-Based Practice in Criminal Defense
    This interesting paper was recently posted on SSRN:Jennifer E. Laurin, Gideon by the Numbers: The Emergence of Evidence-Based Practice in Indigent Defense,  Ohio State Journal of Criminal Law, Forthcoming 2015Abstract: A widespread…
  • Apr 3

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded
    Interesting case from New York: Joel Stashenko, Conviction Reversed as Expert Barred from Testifying, N.Y.L.J., April 3, 2015.The case is People v. McCullough, 11-01614 (N.Y. Sup. Ct., App. Div. March 27, 2015), link to court website
Rank this Week: 459

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Sep 2

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)
    SecondCircuitMap.png In mortgage fraud prosecution, government provided oral notice of its intent to introduce self-authenticating business records but failed to provide written notice as required under FRE 902(11); Second…
  • Sep 1

    Celebrating Labor Day

    Celebrating Labor Day
    Flags.JPG The Federal Evidence Blog returns on Tuesday, September 2, 2014. Enjoy the Labor Day holiday. Labor Day is celebrated on the first Monday in September. See 5 U.S.C. § 6103 (federal holidays).
  • Aug 29

    Bursting The Mailbox Rule Presumption

    Bursting The Mailbox Rule Presumption
    Mailbox.jpg Third Circuit considers the operation of the mailbox rule presumption under FRE 301 and the circumstances in which the presumption may be rebutted; circuit distinguishes between strong and weak presumptions;…
Rank this Week: 490

The Briefcase

The Briefcase

Comments on Ohio law with an emphasis on criminal law. By Russ Bensing.

http://www.briefcase8.com/
  • Feb 28

    Friday Roundup

    Friday Roundup
    Big news from SCOTUS.  Not really.  The Potamac Nine did come down with a decision in a criminal case, Fernandez v. California.  The Highly Abbreviated Version of What Went Down:  the cops arrested Fernandez at his home,…
  • Feb 27

    My latest experiences with the burning bush

    My latest experiences with the burning bush
    I do a lot of appeals -- over 150, my BFF Lexis tells me -- and I'm constantly amazed at how much I still learn.  I've had two recent epiphanies.  The first is that the best time to start practicing for oral argument is just before…
  • Feb 26

    An unlikely story

    An unlikely story
    Every trial is a story.  The prosecution has a story.  The defense has a story.  Oftentimes, the defense story is nothing more than that the prosecution hasn't proved their story beyond a reasonable doubt. The prosecution's…
Rank this Week: 506

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: 512

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: 517

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
Rank this Week: 563

Asset Search Blog

Asset Search Blog

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

http://www.assetsearchblog.com/
  • May 22

    Hiding Cash By Structuring Bank Deposit

    Hiding Cash By Structuring Bank Deposit
    In some situations, the transfer of large sums of cash is a red flag that assets have been hidden by money laundering. Government authorities therefore require banks to report their customers who transfer or exchange large sums of cash.…
  • May 11

    Wire Fraud, Bribery & A Private Investigation

    Wire Fraud, Bribery &amp; A Private Investigation
    This is the 10th post in my series about what private investigators can and cannot do legally when searching for assets. The post discusses “K.C.” who was defrauded out of at least $500,000.00 by Patricia Walker-Halstead, a…
  • May 4

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

    Divorce &amp; Hidden Money: Panama Charly &amp; Helga Glock&rsquo;s Search For Asset
    Moneylaundering.com’s Editor-in-Chief Kieran Beer says at his April 11th article, that the Panama Papers represent “an unparalleled look at the…abuse of shell companies, in this case those created by Panama-based law…
Rank this Week: 572

Translation For Lawyers

Translation For Lawyers

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

http://www.translationforlawyers.com/
Rank this Week: 584

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: 596

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
  • 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…
  • Apr 7

    Do Not Take Some Client

    Do Not Take Some Client
    There are many lawyers.  The legal market is constricting. So, lawyers are out aggressively seeking new clients and new areas of law to represent.  Yet here I stand telling you not so fast – some clients just do not deserve…
  • Mar 18

    Vermont Adopts “Bad Faith” Standard for Personal Liability of Public Official

    Vermont Adopts “Bad Faith” Standard for Personal Liability of Public Official
    On March 11, 2016 the Vermont Supreme Court issued a unanimous decision absolving the City of Burlington’s former Chief Administrative Officer, Jonathan Leopold, of personal liability for authorizing the expenditure of City funds to…
Rank this Week: 597

Southern California Appellate News

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/
  • May 27

    Commencement speaker roundup!

    Commencement speaker roundup!
    Yesterday's DJ has a great two-page spread (pp. 10-11) showing the commencement speakers at law schools around the state. Of appellate note: Justice Cuellar (and his wife, Judge Koh) spoke at Santa Clara; Justice Liu spoke at UCLA; Justice…
  • May 25

    Cornell Saves the Oyez Project

    Cornell Saves the Oyez Project
    After months of uncertainty about its future, the Oyez Project, a free repository of more than 10,000 hours of U.S. Supreme Court oral-argument audio and other court resources, has found a new home. The project’s founder, Jerry…
  • May 25

    UCI Supreme Court Program set for Bastille Day

    UCI Supreme Court Program set for Bastille Day
    Registration opens one week from today (6/1/16) for the 6th annual UCI Supreme Court Term in Review to be presented July 14, 2016 (noon to 1:30 for 1.5 mcle hours). Panelists will be Erwin Chemerinsky, Howard…
Rank this Week: 626

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: 688

Deliberations

Deliberations

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

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

    Common Recruiting Questions and Ways to Address Them

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

    Welcome Back

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

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

    Second response to &quot;Now you see it, now you don't&quot;
    By Kelly Lawson This is a second response to "Now you see it, now you don't". Dr. Vallano makes several excellent points. Allow me to play prosecution advocate for a moment. I completely agree that memory is fallible (and malleable). I also…
Rank this Week: 755

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
Rank this Week: 759

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

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

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

California Business Litigation…

California Business Litigation Blog

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

http://www.californiabusinesslitigation.com/
  • May 27

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

    A Memorial Day Message: Pause to Remember and Honor America's Fallen
    Pausing to remember and honor America’s fallen service members is a practice dating back more than 100 years. Since the days of the Civil War, humble Americans have gathered together on Memorial Day to remember and pay tribute to all…
  • May 20

    Female Bank of America Executive Files Discrimination Lawsuit

    Female Bank of America Executive Files Discrimination Lawsuit
    Megan Messina, a 42 year-old executive at Bank of America, is suing her employer for gender discrimination and whistleblower retaliation. The complaint was filed in a Manhattan federal court in May of 2016. Messina began working at Bank of…
  • May 13

    Facebook Sued Over Sending Unsolicited Text Message

    Facebook Sued Over Sending Unsolicited Text Message
    Facebook is facing a federal lawsuit based on their practice of sending text messages to people who have been given recycled cell phone numbers. Washington, D.C. resident Christine Holt is not a Facebook member. Nonetheless, when she got a…
Rank this Week: 811