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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
  • Dec 3

    "Resources: Potential U.S. Supreme Court Nominees of President-Elect Donald Trump."

    "Resources: Potential U.S. Supreme Court Nominees of President-Elect Donald Trump."
    "Resources: Potential U.S. Supreme Court Nominees of President-Elect Donald Trump." At the web site of The Institute for Intermediate Study, Andrew Hyman has created this resource concerning those 21 individuals on the President-elect's list…
  • Dec 3

    "Supreme Court to Hear Printer Cartridge Patent Case"

    "Supreme Court to Hear Printer Cartridge Patent Case"
    "Supreme Court to Hear Printer Cartridge Patent Case": Adam Liptak has this article in today's edition of The New York Times. Jess Bravin of The Wall Street Journal reports that "Supreme Court to Review Lexmark's Power to Prevent Resale of…
  • Dec 3

    "After Bitter Campaign, Election Positions Trump to Shape Rules on How You Vote"

    "After Bitter Campaign, Election Positions Trump to Shape Rules on How You Vote"
    "After Bitter Campaign, Election Positions Trump to Shape Rules on How You Vote": Michael Wines has this article in today's edition of The New York Times.
Rank this Week: 18

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Dec 3

    This week’s oral argument audio and transcripts now available on Oyez

    This week’s oral argument audio and transcripts now available on Oyez
    Oyez has posted audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Beckles v. United States Moore v. Texas Jennings v. Rodriguez
  • Dec 2

    Petition of the day

    Petition of the day
    The petition of the day is: Jesner v. Arab Bank, PLC 16-499 Issue: Whether the Alien Tort Statute, 28 U.S.C. § 1350, categorically forecloses corporate liability.
  • Dec 2

    Court adds new cases to merits docket

    Court adds new cases to merits docket
    Today the Supreme Court added seven new cases, for a total of five hours of oral argument, to its merits docket for this term. The cases cover a range of issues, from a divorced couple’s dispute over military retirement pay to the scope…
Rank this Week: 26

ICT for Peacebuilding

ICT for Peacebuilding

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

http://ict4peace.wordpress.com
  • Nov 30

    Fake news in Myanmar: Social Media verification workshop

    Fake news in Myanmar: Social Media verification workshop
    Cross-posted from the ICT4Peace Foundation website. ### An informal workshop on verifying news and information spread across social media was held recently at Phandeeyar in Yangon, Burma, led by the Foundation’s Special…
  • Nov 5

    President, PM, Parliament, MFA, Cabinet, Central Bank & News.lk: Searching via Google

    President, PM, Parliament, MFA, Cabinet, Central Bank & News.lk: Searching via Google
    Created a new Google custom search engine (after the reception to the first made yesterday) covering key government websites. Access it here. The search engine indexes everything on: President’s Media Division –…
  • Nov 4

    Department of Government Printing: Searching via Google

    Department of Government Printing: Searching via Google
    Sri Lanka’s Department of Government Printing website is a trilingual resource for Gazettes, Extra Gazettes, Bills, Acts and other information, including official Tenders, since 2004. A major site redesign in 2016 made the site easier…
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: 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: 92

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

Conflict of Laws .net

Conflict of Laws .net

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

http://conflictoflaws.net
Rank this Week: 107

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Dec 2

    No Implied Right to Copyright Infringement Indemnification

    No Implied Right to Copyright Infringement Indemnification
    Kay Bros. Enters., Inc. v. Parente¸ No. 16 C 387, Slip Op. (N.D. Ill. Oct. 3, 2016) (Ellis, J.). Judge Ellis granted in part third party defendant R.A. Mifflin Architects (“Mifflin”) Fed. R. Civ. P. 12(b)(6) motion to…
  • Nov 30

    Court Construes Claims Without Deciding Level of Ordinary Skill Because it is Irrelevant to Current Issue

    Court Construes Claims Without Deciding Level of Ordinary Skill Because it is Irrelevant to Current Issue
    Kolcraft Enters., Inc. v. Chicco USA, Inc., No. 09 C 3339, Slip Op. (N.D. Ill. Sep. 2, 2016) (Chang, J.). Judge Chang construed the claims in this patent case involving play gyms and play yards for babies. Of particular note, the Court held…
  • Nov 28

    Motion to Strike LR 56.1 Statement of Facts Denied as Moot

    Motion to Strike LR 56.1 Statement of Facts Denied as Moot
    Narkiewicz-Laine v. Doyle, No. 11 C 1826, Slip Op. (N.D. Ill. Jun. 15, 2016) (Kapala, J.). Judge Kapala adopted the magistrate judge’s report and recommendation striking as moot defendants’ motion to strike plaintiff’s Local…
Rank this Week: 111

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: 183

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: 209

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/
  • Dec 2

    SCOTUS Cert Grant on Service by Mail Under the Hague Convention: Water Splash v. Menon

    SCOTUS Cert Grant on Service by Mail Under the Hague Convention: Water Splash v. Menon
    Today the U.S. Supreme Court granted certiorari in Water Splash, Inc. v. Menon. Here is the question presented: In 1965, the member states of the Hague Conference on Private International Law, including the United States, adopted a treaty…
  • Dec 1

    December 1, 2016: FRCP Amendments Now In Effect

    December 1, 2016: FRCP Amendments Now In Effect
    Back in April the U.S. Supreme Court adopted amendments to Federal Rules of Civil Procedure 4, 6 ,and 82. Today is the effective date of those amendments. More details on the amendments are here.
  • Nov 30

    SCOTUS Decision on Issue Preclusion

    SCOTUS Decision on Issue Preclusion
    Yesterday the U.S. Supreme Court issued a unanimous decision in Bravo-Fernandez v. United States. It’s the Court’s first merits decision of the new Term, and it deals with the issue-preclusion component of the Double Jeopardy Clause. Here…
Rank this Week: 217

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 266

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/
  • Dec 2

    Rethinking Negotiated Rulemaking

    Rethinking Negotiated Rulemaking
    Hannah J. Wiseman, Negotiated Rulemaking and New Risks: A Rail Safety Case Study, Wake Forest J.L. & Pol’y (forthcoming 2017), available at SSRN.Richard PierceHannah Wiseman’s insightful case study has forced me to rethink my…
  • Dec 1

    Pregnancy, Accommodation, and the Workplace

    Pregnancy, Accommodation, and the Workplace
    Bradley A. Areheart, Accommodating Pregnancy, 67 Ala. L. Rev. 1125 (2016).Joseph SeinerIn Accommodating Pregnancy, Professor Bradley Areheart takes on the ambitious project of evaluating the current law of pregnancy discrimination in the…
  • Nov 30

    Decluttering the Estate Tax

    Decluttering the Estate Tax
    Wendy C. Gerzog, Toward a Reality-Based Estate Tax,  57 B.C. L. Rev. 1037 (2016).Michael YuWhere Marie Kondo taught us how to declutter our homes in The Life-Changing Magic of Tidying Up, Professor Wendy Gerzog provides in her article…
Rank this Week: 269

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Dec 3

    Statute of Limitations Bars Legal Malpractice Claim

    Statute of Limitations Bars Legal Malpractice Claim
    In Athena of S.C., LLC v. Macri, No. E2016-00224-COA-R3-CV (Tenn. Ct. App. Oct. 14, 2016), the Court of Appeals affirmed the dismissal of a Tennessee  legal malpractice claim on the basis that the claim was barred by the one-year statute…
  • Dec 2

    Notice and HIPAA Form Also Required for Re-Filed HCLA Claim

    Notice and HIPAA Form Also Required for Re-Filed HCLA Claim
    Tennessee Courts continue to make it clear that each time you re-file a previously dismissed Tennessee medical malpractice (now health care liability) claim, you must abide by the statutory requirements. In Cright v. Overly, No.…
  • Nov 23

    Suit Against Local Government Over Sewer Issue

    Suit Against Local Government Over Sewer Issue
    In Nickels v. Metropolitan Govt. of Nashville and Davidson County, No. M2015-01938-COA-R3-CV (Tenn. Ct. App. Sept. 28, 2016), the Court of Appeals went through a thorough analysis of Tennessee’s  Governmental Tort Liability Act…
Rank this Week: 271

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Dec 1

    Younger People Are Actually More Supportive Of Democracy

    Younger People Are Actually More Supportive Of Democracy
    Have you seen this horrifying graphic? It’s from a New York Times story, “How Stable Are Democracies? ‘Warning Signs Are Flashing Red.’” The graphic suggests that people were asked whether it was…
  • Nov 28

    When Lawyers’ Blogs Are Cited In Federal Court

    When Lawyers’ Blogs Are Cited In Federal Court
    As I wrote two weeks ago, a petition for certiorari is pending in Bristol-Myers Squibb Co. v. Superior Court, a case that might change the rules for specific jurisdiction. A week ago, amicus briefs were filed by several large corporations and…
  • Nov 3

    Personal Jurisdiction Under Daimler AG and Walden

    Personal Jurisdiction Under Daimler AG and Walden
    Pfizer likes California. As the company brags on its website, “Pfizer La Jolla’s 25-acre campus includes five buildings totaling more than 500,000 square feet of state-of-the-art facilities, with specialized laboratories and…
Rank this Week: 289

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Dec 2

    Two out of Three Experts in Medical Malpractice Case Allowed to Testify

    Two out of Three Experts in Medical Malpractice Case Allowed to Testify
    In this medical malpractice case involving colon cancer, the plaintiff hired three expert witnesses.  All but one was excluded from testifying. Facts:  This case (Swan v. United States – United States District Court –…
  • Nov 16

    District Court Opinion Denying Healthcare Expert is Affirmed

    District Court Opinion Denying Healthcare Expert is Affirmed
    Plaintiff appealed an opinion of the district court excluding the testimony of his standard of care expert.  The appeals court affirmed the opinion. Facts:  This case (Dalip Basanti v. United States of America – United States…
  • Nov 14

    Fire Expert Witness Partially Allowed

    Fire Expert Witness Partially Allowed
    Plaintiff sued defendant for negligence in the design of a toaster that caught on fire, causing the death of the owner.  The plaintiff hired an expert to assist in his case, and a motion to exclude was denied in part and granted in part…
Rank this Week: 300

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Dec 3

    What Effect Does the Judge Knowing the Jury Alignment Have on the Allen Charge in the Michael Slager Trial?

    What Effect Does the Judge Knowing the Jury Alignment Have on the Allen Charge in the Michael Slager Trial?
    I've gotten a lot of questions about whether Michael Slager might have grounds for appeal if he is convicted of murdering Walter Scott, given that the judge gave an Allen charge while knowing that the jury was 11-1 in favor...
  • Dec 2

    The Racial Origin of the Allen Charge Used in the Michael Slager Trial

    The Racial Origin of the Allen Charge Used in the Michael Slager Trial
    Today, in the trial of Michael Slager for killing Walter Scott, the jury was apparently deadlocked, leading to the judge giving an Allen charge. So, what is the history of an Allen charge? To get the history of the Allen...
  • Nov 30

    The Prior Inconsistent Statement Project, Part 9 (Kansas)

    The Prior Inconsistent Statement Project, Part 9 (Kansas)
    Kansas is another jurisdiction I have identified as a possible jurisdictions where a recanted prior inconsistent statement not given subject to the penalty of perjury might be sufficient to support a conviction. Let's take a look at the case…
Rank this Week: 308

Trial Advocacy Blog

Trial Advocacy Blog

Focuses on trial advocacy. From Temple University's Beasley School of Law.

http://indexhtml.blogspot.com/
  • Mar 11

    Temple Law alum vies for vacant Montana Supreme Court seat

    Temple Law alum vies for vacant Montana Supreme Court seat
    Copyright 2014 Great Falls TribuneAll Rights ReservedGreat Falls Tribune (Montana)March 9, 2014 Sunday1 EditionSECTION: A; Pg. 1LENGTH: 1677 wordsHEADLINE: 15 vie for vacant state Supreme Court seatBYLINE: By, John S.…
  • Nov 21

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law
    Once classmates, now law partners, attorneys Samuel H. Pond and Jerry M. Lehocky have found a way to give back to the institution that launched their highly successful careers in law. The two partners at Philadelphia-based Pond Lehocky Stern…
  • Nov 14

    August/September 2013 Law Library Acquisition

    August/September 2013 Law Library Acquisition
    Administrative LawFederal administrative law / by Gary Lawson.Lawson, Gary, 1958-St. Paul, Minn. : West, c2013.TZ2 L445 2013 Administrative Law Developments in Administrative Law and Regulatory Practice, 2012 / edited by Jeffery S. …
Rank this Week: 346

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: 348

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
  • Nov 13

    Exploding E-Cigarettes and Litigation

    Exploding E-Cigarettes and Litigation
    Reports that e-cigarettes have been exploding resulting in severe burns, allegedly due to a battery malfunction, is resulting in litigation.  Ringler Radio, host Larry Cohen joins attorney William R. Sutton from the Beasley Allen law…
  • Oct 24

    The Osprey Helicopter Crash and Wrongful Death Litigation

    The Osprey Helicopter Crash and Wrongful Death Litigation
    What went wrong when an MV22 Osprey helicopter crashed during a landing attempt during a training mission in Hawaii? A wrongful death lawsuit filed on behalf of one of the marines killed in this tragedy is revealing some interesting…
  • Oct 10

    Customer Feedback on Structured Settlement Plan

    Customer Feedback on Structured Settlement Plan
    Customer feedback is essential to any company and often product or service improvements can be discovered after that engagement with customers. That's also true within the settlement planning business. Our partners at AIG/American General…
Rank this Week: 362

Sui Generis--a New York law blog

Sui Generis--a New York law blog

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

http://nylawblog.typepad.com/suigeneris/
  • Nov 28

    Speaking up, and being censored

    Speaking up, and being censored
    Last week, a column that I submitted was rejected by a publication for which I've written for nearly a decade. This was the first time one of my submissions was rejected even though my columns have occasionally delved into political territory…
  • Oct 12

    How Lawyers Are Using Technology In 2016

    How Lawyers Are Using Technology In 2016
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** How Lawyers Are Using Technology In 2016 Every year the International Legal Technology Association releases the ILTA/InsideLegal Technology…
  • Oct 6

    Snapchat for Litigator

    Snapchat for Litigator
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Snapchat for Litigators Snapchat: it’s not just for kids anymore. Snapchat has grown quickly since its launch in 2012 and now has more…
Rank this Week: 381

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/
  • Oct 9

    NAMSAP 2016 Annual Conference

    NAMSAP 2016 Annual Conference
    The National Alliance of Medicare Set-Aside Professionals (NAMSAP), "the only non-profit association exclusively addressing the issues and challenges of the Medicare Secondary Payer (MSP) Statute and its impact on workers’ compensation…
  • Sep 11

    S2P2J Release 60

    S2P2J Release 60
    The United States structured settlement market has been in existence for almost 40 years and continues to expand its scope, complexity and importance within the context of personal injury settlement planning. Since it was first published in…
  • Jun 25

    PFAC 2016 Annual Conference

    PFAC 2016 Annual Conference
    Fiduciary standards, as they relate to product suitability specifically, and to business practices generally, can be expected to become more significant factors in product sales for the traditional structured settlement market as it continues…
Rank this Week: 388

Electronic Discovery Law

Electronic Discovery Law

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

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

    Court Finds Foreign Discovery “Marginally Relevant” and “Not Proportional,” Declines to Compel Search

    Court Finds Foreign Discovery “Marginally Relevant” and “Not Proportional,” Declines to Compel Search
    In re Bard IVC Filters Prod. Liab. Litig., —F.R.D.—, 2016 WL 4943393 (D. Ariz. Sept. 16, 2016) In this case, the parties disagreed on the discoverability of communications between Defendants’ foreign subsidiaries and…
  • Nov 9

    Despite Intentional Spoliation, $25 Million Verdict Stand

    Despite Intentional Spoliation, $25 Million Verdict Stand
    BMG Rights Mgmt. LLC v. Cox Commc’ns, Inc., —F. Supp. 3d—, 2016 WL 4224964 (E.D. Va. Aug. 8, 2016) In this copyright infringement case, Plaintiff was found to have intentionally spoliated material evidence, resulting in…
  • Oct 27

    Court Orders Two Permissive Adverse Inferences at Trial

    Court Orders Two Permissive Adverse Inferences at Trial
    First Fin. Sec., Inc. v. Freedom Equity Grp., LLC, No. 15-cv-1893-HRL, 2016 WL 5870218 (N.D. Cal. Oct. 7, 2016) In this case, the court imposed two permissive adverse inference instructions against Defendant at trial.  The first adverse…
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: 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: 429

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: 440

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

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

    November Miss. Jury Verdict Reporter Preview

    November Miss. Jury Verdict Reporter Preview
    Here is a preview of the November 2016 issue of the Miss. Jury Verdict Reporter: $8.5 million verdict/ 40% fault to defendant- Gulfport federal court crane accident case covered here (10/20/16); $261,621 verdict/ 80% fault to defendant- Clay…
  • Nov 17

    Fewer Companies Results in Shrinking Legal Market

    Fewer Companies Results in Shrinking Legal Market
    I recently came across this Above the Law post by Michael McDonald about the shrinking legal market. McDonald points out that there are 35% (3,500) fewer publicly traded companies in the U.S. than there were in 1997. This hurts the legal…
  • Nov 14

    Arbitration Reform is Toast

    Arbitration Reform is Toast
    When I last talked about the ban of arbitration clauses in nursing home admission agreements, the political climate suggested that this was a first step in broader reform of consumer arbitration. What a difference a few weeks makes. As…
Rank this Week: 442

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: 457

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: 458

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: 488

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: 492

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: 500

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: 521

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: 551

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Nov 30

    First Newsletter by the Civil Jury Project

    First Newsletter by the Civil Jury Project
    Here is the first ever newsletter by the Civil Jury Project. Background information on the Civil Jury Project The Seventh Amendment to the US Constitution and provisions of most state constitutions guarantee citizens the right of trial by…
  • Nov 29

    Free ASTC Webinar

    Free ASTC Webinar
    ASTC is Giving Back In the spirit of Giving Tuesday, ASTC would like to give something back. We are holding a webinar this Thursday, December 1 that is FREE for all members, past members, and potential members. Join us for...
  • Nov 29

    Judge to Release Redacted Juror Questionnaires in Tensing Trial

    Judge to Release Redacted Juror Questionnaires in Tensing Trial
    WCPO: Judge orders jurors' questionnaires in Ray Tensing murder case ...
Rank this Week: 566

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: 580

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

Translation For Lawyers

Translation For Lawyers

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

http://www.translationforlawyers.com/
  • Nov 30

    Patent Translation Services You Can Trust

    Patent Translation Services You Can Trust
    Finding a company you can trust with patent translation services can be a daunting task. IP translation services, in general, and patent translations, in particular, are vital for businesses in the era of international trade, product…
  • Nov 17

    Certified Document Translation Services for Expatriate

    Certified Document Translation Services for Expatriate
    Certified document translation services along with professional legal interpreting services play an important role in the lives of immigrants to the U.S. On the other hand, certified translation services are also needed by Americans who…
  • Nov 17

    Certified Document Translation Services for Expatriate

    Certified Document Translation Services for Expatriate
    Certified document translation services along with professional legal interpreting services play an important role in the lives of immigrants to the U.S. On the other hand, certified translation services are also needed by Americans who…
Rank this Week: 593

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/
  • Dec 2

    No fee for Appellate Specialists for 2017!

    No fee for Appellate Specialists for 2017!
    This just in:The California Board of Legal Specialization is pleased to inform you that the annual certified specialist fee will be waived for 2017.Why is the CBLS able to provide this one-time benefit?  When the legal specialist program…
  • Dec 1

    Leondra Kruger program Dec. 6

    Leondra Kruger program Dec. 6
    CWL, WLALA, APAWLA, BWLALA, LLBA -- all are co-sponsors of A Conversation with California Supreme Court Justice Leondra Kruger, at the LA Law Library the evening of December 6 (cocktails at 5:30, dinner at 6:00, program at 7:00). Judge…
  • Dec 1

    2d DCA pro tem update

    2d DCA pro tem update
    The following are currently sitting on assignment:Judge Allan Goodman (Retired) of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Two until January 31, 2017.Judge Rupa Goswami of the Los Angeles Superior Court, will be…
Rank this Week: 617

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: 692

Louisiana Law Blog

Louisiana Law Blog

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

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

    EDLA Rules Plug and Abandon Contract is Maritime in Nature, Providing Indemnification to Platform Owner for Personal Injury Claim

    EDLA Rules Plug and Abandon Contract is Maritime in Nature, Providing Indemnification to Platform Owner for Personal Injury Claim
    By Zoe W. Vermeulen In November 2016, the Eastern District of Louisiana again confronted the “marshland” involved in categorizing a contract as maritime or non-maritime. In In re: Crescent Energy Services, LLC, No. 15-819 (E.D.…
  • Nov 23

    OSHA Updates Safety Rules for Walking-Working Surface

    OSHA Updates Safety Rules for Walking-Working Surface
    By R. Lee Vail, P.E., Ph.D. On November 18, 2016, the Occupational Safety and Health Administration (“OSHA”) issued a final rule “revising and updating its general industry standards on walking-working surfaces to prevent…
  • Nov 23

    What Now? FLSA Overtime Regulations Continue to Evolve

    What Now? FLSA Overtime Regulations Continue to Evolve
    By Scott Huffstetler and Ed Hardin In the wake of yesterday’s news that a Texas federal judge issued a nationwide injunction halting the FLSA overtime regulations, scheduled to become effective December 1, 2016, many employers are…
Rank this Week: 757

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: 764

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: 767

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/
  • Dec 2

    McDonald’s Makes Legal Settlement with Franchise Employee

    McDonald’s Makes Legal Settlement with Franchise Employee
    The question of whether or not a franchisor is a joint employer of the workers at a franchisee’s location was at the heart of a class action lawsuit in California. In the federal case, the judge ruled that a franchisor could be held…
  • Nov 23

    Happy Thanksgiving from Sylvester Oppenheim & Linde

    Happy Thanksgiving from Sylvester Oppenheim &amp; Linde
    We at Sylvester Oppenheim & Linde would like to take a moment to wish our clients, family and friends (including our blog readers), a very joyous and happy Thanksgiving. Whether you are celebrating with a small gathering, or preparing…
  • Nov 18

    Lawsuit 101: Understanding the Litigation Proce

    Lawsuit 101: Understanding the Litigation Proce
    We regularly receive requests to explain the process of litigation, which we always communicate (using dialog NOT monologue) to prospective clients during our initial consultation. We hope you will find our lawsuit synopsis helpful.....
Rank this Week: 811