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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 16

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Jun 23

    Petition of the day

    Petition of the day
    The petition of the day is: Elonis v. United States 16-1231 Issues: (1) Whether, as a matter of statutory or constitutional law, liability under 18 U.S.C. 875(c) requires an analysis of whether a reasonable person would be threatened by…
  • Jun 23

    Opinion analysis: In regulatory takings case, court announces a new test

    Opinion analysis: In regulatory takings case, court announces a new test
    Under the doctrine of regulatory takings, government regulation that goes “too far” in burdening property rights counts as a taking under the Fifth Amendment, entitling the owner to “just compensation.” In deciding…
  • Jun 23

    And then there were six – the remaining case

    And then there were six – the remaining case
    The justices are expected to take the bench on Monday at 10 a.m. to issue opinions in argued cases. There are six decisions still outstanding, involving everything from cross-border shootings to the death penalty and public funding for…
Rank this Week: 23

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
  • Jun 14

    Communication projects, campaigns & websites on peace, constitutionalism, rights, governance & democracy

    Communication projects, campaigns & websites on peace, constitutionalism, rights, governance & democracy
    Compiled for the Centre for Policy Alternatives a list of websites around communications campaigns, advertisements, projects, websites and various other initiatives I’ve designed, developed or gave input into over the past couple of…
  • Jun 12

    Address at Online Dispute Resolution Forum 2017

    Address at Online Dispute Resolution Forum 2017
    I couldn’t make it to Paris, but managed despite some technical hiccups to be present virtually at the Online Dispute Resolution 2017 Forum through Skype Video. The agenda can be downloaded as a PDF from here. I made a few overarching…
  • Jun 5

    Short memories, Doppler radar & disasters in Sri Lanka

    Short memories, Doppler radar & disasters in Sri Lanka
    An article published by renowned journalist Amantha Perera on IRIN today triggered a series of tweets over @groundviews around how officials in successive governments have lied to citizens around investments in life-saving technologies.…
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: 65

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: 89

Class Action Defense Blog

Class Action Defense Blog

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

http://classactiondefense.jmbm.com/
Rank this Week: 98

Conflict of Laws .net

Conflict of Laws .net

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

http://conflictoflaws.net
  • Jun 24

    Law on Jurisdiction Clauses Changes in Canada

    Law on Jurisdiction Clauses Changes in Canada
    In 2011 Facebook, Inc. used the name and picture of certain Facebook.com members as part of an advertising product.  In response, a class action was started in British Columbia on behalf of roughly 1.8 million British Columbia residents…
  • Jun 22

    Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2017: Abstract

    Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2017: Abstract
    The latest issue of the „Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)“ features the following articles: C. Kohler: Limits of mutual trust in the European judicial area: the judgment of the ECtHR in…
  • Jun 22

    Operating Law in a Global Context – Comparing, Combining and Prioritising

    Operating Law in a Global Context – Comparing, Combining and Prioritising
    A book by Jean- Sylvestre Bergé and Geneviève Helleringer, Elgar Publishing 2017, just published. Lawyers have to adapt their reasoning to the increasingly global nature of the situations with which they deal. Often, rules…
Rank this Week: 103

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Jun 13

    TC Heartland: The More Things Change, the More They Stay the Same

    TC Heartland: The More Things Change, the More They Stay the Same
    I have made it a practice not to immediately blog about big Supreme Court cases. While there is a rush to be the first to publish, I have found that there is a significant difference in the value between immediate analysis and analysis after…
  • May 26

    Court May Consider Both Sides’ Conduct in Exceptional Case Analysi

    Court May Consider Both Sides’ Conduct in Exceptional Case Analysi
    Snap-On Inc. v. Robert Bosch LLC, No. 09 C 6914, Slip Op. (N.D. Ill. Apr. 28, 2016) (Shah, J.). Judge Shah denied defendants’ (collectively “Bosch”) 35 USC § 285 motion for attorney’s fees in this patent dispute…
  • May 24

    Filing Patents Does Not Create Jurisdiction Outside of the E.D. Virginia

    Filing Patents Does Not Create Jurisdiction Outside of the E.D. Virginia
    Torrent Pharma. Ltd. V. Daiichi Sankyo, Inc., No. 16 C 2988, 3956 & 4876, Slip Op. (N.D. Ill. Jul. 25, 2016) (Pallmeyer, J.). Judge Pallmeyer granted declaratory judgment defendants’ Fed. R. Civ. P. 12(b) motion to dismiss for lack…
Rank this Week: 112

Blawgletter

Blawgletter

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

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

    Join The Contingency

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

    Blawgletter® Has Moved!

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

    DNA and Pricing Patents Fall to Mayo and Alice

    DNA and Pricing Patents Fall to Mayo and Alice
    Unpatentable subject matter A pair of Federal Circuit opinions last week rejected patents involving patent-ineligible subject matter. What does that include, you ask? As Blawgletter noted last year in "You Still Can't Patent Ideas":…
Rank this Week: 140

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: 178

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/
  • Jun 22

    Effron on Privatized Procedure and Judicial Discretion

    Effron on Privatized Procedure and Judicial Discretion
    I have posted my newest article, "Ousted: The New Dynamics of Privatized Procedure and Judicial Discretion" to SSRN. In litigation days of old, American courts jealously guarded their procedural powers through the doctrine of…
  • Jun 22

    Leong on Mika on Gender Disparity of Supreme Court Advocate

    Leong on Mika on Gender Disparity of Supreme Court Advocate
    Now on the Courts Law section of JOTWELL is Nancy Leong’s essay, On Gender Disparity and Dialogue. Nancy review’s Jennifer Mika’s recent article, The Noteworthy Absence of Women Advocates at the United States Supreme Court, 25 Amer. U.…
  • Jun 20

    SCOTUS Decision in Ziglar v. Abbasi

    SCOTUS Decision in Ziglar v. Abbasi
    Yesterday the Supreme Court issued its decision in Ziglar v. Abbasi, covered earlier here and here. By a 4-2 vote, the Court reversed the Second Circuit and ordered the dismissal of most of the plaintiffs’ claims that they were subjected...
Rank this Week: 215

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 252

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Jun 22

    Case Remanded For Entry of Order that States Reasons for Ruling

    Case Remanded For Entry of Order that States Reasons for Ruling
    In a recent negligence case, the Court of Appeals vacated summary judgment due to the trial court’s failure to explain the basis upon which summary judgment was granted, and it remanded the case with directions for an order that met the…
  • Jun 19

    61% Remittitur Affirmed in Tennessee Injury Case

    61% Remittitur Affirmed in Tennessee Injury Case
    In West v. Epiphany Salon & Day Spa, LLC, No. E2016-01860-COA-R3-CV (Tenn. Ct. App. April 25, 2017), the Court of Appeals affirmed a large remittitur in a negligence case, reducing the jury’s award by over 61%. Plaintiff had gone to…
  • Jun 16

    No Proof of Causation where Cause of Fire Not Identified

    No Proof of Causation where Cause of Fire Not Identified
    The Tennessee Supreme Court recently held that a contractor and subcontractor were not liable in a case where a partially constructed home burned, but the cause of the fire could not be pinpointed. In Jenkins v. Big City Remodeling, No.…
Rank this Week: 264

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/
  • Jun 23

    Federal Funding with State Flexibility: A Timely Look at Federalism and Health Care Reform

    Federal Funding with State Flexibility: A Timely Look at Federalism and Health Care Reform
    Nicholas Bagley, Federalism and the End of Obamacare, 127 Yale L.J. F. 1 (2017). Amy Monahan In our era of increasingly divisive politics and fiery rhetoric, particularly around Obamacare and efforts to repeal it, Nicholas…
  • Jun 22

    The Libertarian First Amendment, the Shifting Apostrophe, and the One-Way Ratchet

    The Libertarian First Amendment, the Shifting Apostrophe, and the One-Way Ratchet
    Morgan N. Weiland, Expanding the Periphery and Threatening the Core: The Ascendant Libertarian Speech Tradition, 69 Stan. L. Rev. 1389 (2017). Enrique Armijo In Expanding the Periphery and Threatening the Core, Morgan Weiland tells a story of…
  • Jun 21

    Putting the Bathroom Debate to Rest

    Putting the Bathroom Debate to Rest
    Ruth Colker, Public Restrooms: Flipping the Default Rules, 78 Ohio St. L. J. (forthcoming, 2017), available at SSRN. Ruthann Robson The site of toilets as a social justice struggle is at least as old as plumbing. Biological…
Rank this Week: 266

Litigation and Trial

Litigation and Trial

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

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

    Free Speech And Trump Tweets: When Twitter Is A Limited Public Forum

    Free Speech And Trump Tweets: When Twitter Is A Limited Public Forum
          While in the White House, Donald Trump’s personal twitter timeline, @realDonaldTrump, remains a key method by which he communicates with the public. He uses it to conduct foreign policy, to urge specific action by…
  • Apr 26

    Goodyear v. Haeger: The Supreme Court Muddles Sanctions Law Again

    Goodyear v. Haeger: The Supreme Court Muddles Sanctions Law Again
    Earlier this month the Supreme Court decided Goodyear Tire & Rubber Co. v. Haeger et al., a case I wrote about way back in 2012 involving the scope of sanctions (including attorney’s fees) available when a party to a lawsuit…
  • Mar 19

    Is Judge Gorsuch Really Committed To Legal Textualism?

    Is Judge Gorsuch Really Committed To Legal Textualism?
    Judge Gorsuch’s confirmation hearing for his nomination to the United States Supreme Court begins today. He has been called “an originalist and a textualist,” someone with a “strong commitment to textualism.” He…
Rank this Week: 283

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Jun 21

    Marketing Expert Witness Testimony Allowed

    Marketing Expert Witness Testimony Allowed
    Plaintiff filed a putative class action against the defendant related to automatic enrollment into a toll pay system.  Both parties hired marketing expert witnesses, both parties filed motions to exclude, and both motions were denied.…
  • Jun 19

    Veterinary Expert Witness Allowed and Animals Expert Witness Allowed in Part

    Veterinary Expert Witness Allowed and Animals Expert Witness Allowed in Part
    Plaintiffs sued defendant for violation of the Endangered Species Act and hired two experts to assist in their case.  The court allowed the veterinary expert witness in full and partially allowed the animals expert…
  • Jun 16

    Mechanical Engineering Expert Witness Testimony Excluded

    Mechanical Engineering Expert Witness Testimony Excluded
    Plaintiff sued his former employer under the Americans with Disabilities Act of 1990 and the Florida Civil Rights act of 1992.  The defendant hired a mechanical engineer expert witness to provide testimony.  The Plaintiff filed…
Rank this Week: 294

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 304

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: 328

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: 345

Ringler Radio - Legal Settlements

Ringler Radio - Legal Settlements

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

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

    Driverless Cars Litigation

    Driverless Cars Litigation
    On the 1960’s television show, The Jetsons, we saw a future world where people traveled in flying cars. Sound far-fetched? Maybe not – now we have driverless cars.  And with all the advantages also come liability and…
  • May 21

    The Mission of WILG to Help Injured Worker

    The Mission of WILG to Help Injured Worker
    The Workers' Injury Law & Advocacy Group also known as WILG, is the national non-profit membership organization dedicated to representing the interests of millions of workers and their families who, each year, suffer the consequences of…
  • May 1

    Drone Liability and Litigation

    Drone Liability and Litigation
    An unmanned aerial vehicle (UAV), commonly known as a drone, is an aircraft without a human pilot aboard.  Drones were originally associated by the military, but are now used for other purposes, with estimates of over a million sold by…
Rank this Week: 356

Sui Generis--a New York law blog

Sui Generis--a New York law blog

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

http://nylawblog.typepad.com/suigeneris/
  • Jun 15

    New Jersey judge permits service via Facebook

    New Jersey judge permits service via Facebook
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** New Jersey judge permits service via Facebook If you’re a litigator, then I can only assume that by now you fully understand how social…
  • Jun 8

    NYSBA issues updated social media guidelines for lawyer

    NYSBA issues updated social media guidelines for lawyer
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** NYSBA issues updated social media guidelines for lawyers I’ve always believed that social media use by lawyers should be treated no…
  • May 24

    Judges weigh in on researching jurors online

    Judges weigh in on researching jurors online
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Judges Weigh In On Researching Jurors Online Now that social media is simply part of our day-to-day lives, it’s no surprise that…
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/
  • May 10

    NSSTA 2017 Annual Conference

    NSSTA 2017 Annual Conference
    When Len Blonder was elevated to the role of President of the National Structured Settlement Trade Association (NSSTA) for an unprecedented third time during NSSTA's 2016 Annual Conference, he identified a very clear vision for the structured…
  • Apr 17

    ASNP 2017 Annual Conference

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

    SSP 2017 Annual Conference

    SSP 2017 Annual Conference
    Although the Society of Settlement Planners (SSP) was founded in 2000, the term "settlement planner" is still viewed by many structured settlement stakeholders as an inflated synonym for "plaintiff broker". Current SSP President Joseph Tombs…
Rank this Week: 383

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/
  • Jun 22

    Mandatory Initial Discovery Pilot Project Underway in AZ and IL Federal Court

    Mandatory Initial Discovery Pilot Project Underway in AZ and IL Federal Court
    A three-year pilot project studying “whether requiring parties in civil cases to respond to a series of standard discovery requests before undertaking other discovery will reduce the cost and delay of civil litigation” is now…
  • Jun 16

    NY County Addresses Technological Competence

    NY County Addresses Technological Competence
    Formal Opinion 749 In February, the NY County Lawyers Association Professional Ethics Committee issued Formal Opinion 749, addressing “[a] lawyer’s ethical duty of technological competence with respect to the duty to protect a…
  • Jun 15

    No Sanctions for Unintentional, Automatic Deletion of Web History and Related Information

    No Sanctions for Unintentional, Automatic Deletion of Web History and Related Information
    Eshelman v. Puma Biotech., Inc., No. 7:16-CV-18-D, 2017 WL 2483800 (E.D.N.C. June 7, 2017) In this case, the court denied Plaintiff’s motion for an order permitting a jury instruction regarding Defendant’s failure to preserve web…
Rank this Week: 402

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Jun 23

    TORT TALK PRACTICE TIP

    TORT TALK PRACTICE TIP
    CAREFULLY READ TRIAL MANAGEMENT ORDERSWhen a Trial Management Order is issued read the Order in its entirety--Judges expect them to be followed to the letter. Immediately have all deadlines marked on your calendar.Also mark a tickler on your…
  • Jun 23

    Petition to Enforce Medical Malpractice Settlement Granted in Lackawanna County

    Petition to Enforce Medical Malpractice Settlement Granted in Lackawanna County
    In his recent decision in the medical malpractice case of Brink v. Mallik, No. 2013-CV-1314 (C.P. Lacka. Co. June 9, 2017 Nealon, J.), Judge Terrence R. Nealon reviewed the current status of the law of settlements in his assessment of a…
  • Jun 23

    Petition to Enforce Settlement Granted in Monroe County Case

    Petition to Enforce Settlement Granted in Monroe County Case
    In his recent decision in the case of Wise v. Hyundai Motor Company, No. 3777 Civil 2011 (C.P. Monroe Co. Dec. 16, 2016 Williamson, J.), Judge David J. Williamson addressed a Motion to Enforce Settlement and, after reviewing the law of…
Rank this Week: 406

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/
  • Jun 19

    DOJ switches teams in NLRB v. Murphy Oil

    DOJ switches teams in NLRB v. Murphy Oil
    The DOJ announced on Friday, June 16, 2017, that it was reversing its position on the validity of class action waivers in arbitration agreements and would file an amicus brief in support of the employer's position in NLRB v. Murphy Oil.…
  • Mar 22

    Briefs on the merits are available in Troester v. Starbuck

    Briefs on the merits are available in Troester v. Starbuck
    Briefing on the merits is complete in Troester v. Starbucks Corporation (S234969).  The California Supreme Court granted the Ninth Circuit's request to decide an issue of California law.  The issue, taken from the California…
  • Mar 17

    A rest break says what? Vaquero v. Stoneledge Furniture LLC holds that commission-only pay employees must be paid separately for rest periods.

    A rest break says what? Vaquero v. Stoneledge Furniture LLC holds that commission-only pay employees must be paid separately for rest periods.
    California is the wage and hour gift that keeps on giving.  And if you thought every wage and hour question must have been answered by now....well....the naivete is charming.  A few weeks ago, in Vaquero v. Stoneledge Furniture LLC…
Rank this Week: 431

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

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

    Pennsylvania PERS Reform Shows Where This is Going

    Pennsylvania PERS Reform Shows Where This is Going
    Last week the WSJ (paywall) reported on Pennsylvania’s PERS reform legislation. Not surprisingly, the reform moves toward 401(k) type retirement benefits as opposed to the soon-to-be-extinct pension system. From the article: The…
  • Jun 19

    June Miss. Jury Verdict Reporter Preview

    June Miss. Jury Verdict Reporter Preview
    Here is a preview of the June 2017 issue of the Miss. Jury Verdict Reporter: $6,504,451 bench verdict- Hinds County Chancery Court (Judge Wise) breach of trust case (4/13/17); $5,947,879 verdict- Gulfport federal court admitted liability…
  • Jun 14

    Remote Work Has Arrived in the Legal World

    Remote Work Has Arrived in the Legal World
    The WSJ had an article [paywall] last week about  the number of Americans working remotely rising to 20% as part of an inexorable trend. The legal world is in front of that trend. I recently saw a stat that 43% of attorneys work…
Rank this Week: 432

Federal Civil Practice Bulletin

Federal Civil Practice Bulletin

Covers federal civil practice and procedure. By Washington & Lee University School of Law, Professor A. Benjamin Spencer.

http://federalcivilpracticebulletin.blogspot.com/
Rank this Week: 450

Trial Ad Notes

Trial Ad Notes

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

http://trialadnotes.blogspot.com/
  • 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: 452

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: 476

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: 493

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: 494

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: 520

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: 536

Juries

Juries

Discusses jury-related issues.

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

    Federal Court Creates Implicit Juror Bias Video

    Federal Court Creates Implicit Juror Bias Video
    ABAJournal.com: A federal court asks jurors to confront their hidden biase
  • Jun 23

    The Cosby Jury and the Power of One Juror

    The Cosby Jury and the Power of One Juror
    Interesting op-ed in CNN that discusses the Cosby jury and the power of one juror. CNN.com: In Cosby Trial, the Awesome Power of Juror
  • Jun 23

    Latest Edition of the Jur-E Bulletin

    Latest Edition of the Jur-E Bulletin
    Understanding the Effects of Unconscious Bias A video by the U.S. Courts titled, “Understanding the Effects of Unconscious Bias” was published on Youtube on June 21, 2017. It features U.S. District Judge John C. Coughenour (W.D. of…
Rank this Week: 562

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: 570

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: 576

Southern California Appellate News

Southern California Appellate News

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

http://socal-appellate.blogspot.com/
  • Jun 22

    4/1 calls out word-count-gamesmanship

    4/1 calls out word-count-gamesmanship
    In this unpub'd decision here today, 4/1 includes a footnote (fn. 2) to "disapprove" of respondent's counsel's "blatant violation" of the word-count rule. What did counsel do? Well, because this was a cross-appeal situation,…
  • Jun 22

    17 issues? Way too many...

    17 issues? Way too many...
    A 3d DCA unpub'd decision here today begins:"This is a shotgun-approach appeal in which trustee [] and his attorney [] present 17 separate arguments against an order requiring them to jointly pay $16,060 in sanctions under Code of Civil…
  • Jun 22

    Latest CSCHS newsletter

    Latest CSCHS newsletter
    NOW AVAILABLE: Spring/Summer 2017 NewsletterThe latest issue of the California Supreme Court Historical Society’s Newsletter is now available on the Society’s website: www.cschs.org.The lead article is an extraordinary…
Rank this Week: 597

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/
Rank this Week: 750

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: 761

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

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

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

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Jun 19

    Administrators Have To Behave

    Administrators Have To Behave
    Today’s New York Daily News reports the tale of a brawl with potentially  wide-reaching implications for the Administrator of a New York County Estate. The administrator of the 3.1 million dollar estate was arrested for a brawl…
  • Jun 8

    Surrogate Upholds Trustee’s Discretion In Making Distribution

    Surrogate Upholds Trustee’s Discretion In Making Distribution
    In the Matter of Reuben Hoppenstein, No. 2015-2918/A (N.Y. Sur. Mar. 31, 2017) the New York County Surrogate ruled as appropriate the distribution of a life insurance policy to a new trust which eliminated certain beneficiaries of the…
  • Jun 8

    Surrogate Upholds Trustee’s Discretion In Making Distribution

    Surrogate Upholds Trustee’s Discretion In Making Distribution
    In the Matter of Reuben Hoppenstein, No. 2015-2918/A (N.Y. Sur. Mar. 31, 2017) the New York County Surrogate ruled as appropriate the distribution of a life insurance policy to a new trust which eliminated certain beneficiaries of the…
Rank this Week: 802

California Business Litigation…

California Business Litigation Blog

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

http://www.californiabusinesslitigation.com/
  • Jun 16

    Former Warehouse Manager Sues Amazon For Overtime Wage

    Former Warehouse Manager Sues Amazon For Overtime Wage
    A former Amazon employee is suing his erstwhile employer over not being paid overtime. In the lawsuit, he asserts that Amazon misclassified him as a salaried manager that was not entitled to overtime. However, the worker says that the duties…
  • Jun 9

    U.S. Supreme Court Decision Inhibits Patent Troll Activity

    U.S. Supreme Court Decision Inhibits Patent Troll Activity
    Patent trolls may find it harder to do business thanks to a decision by the U.S. Supreme Court. That is good news for any business or entrepreneur who has ever been the subject of a frivolous patent infringement lawsuit. However, the decision…
  • Jun 2

    Former Owner of California Dealerships Wins Lawsuit Against Nissan

    Former Owner of California Dealerships Wins Lawsuit Against Nissan
    The one-time owner of a successful car dealership group in California has been awarded more than $256 million by a jury. Mike Kahn, who ran the Superior Automotive Group with dealerships in LA and San Francisco, fought Nissan Motor Acceptance…
Rank this Week: 806