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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Nov 25

    Petition of the day

    Petition of the day
    The petition of the day is: Med-1 Solutions, LLC v. Suesz 14-370 Issue: Whether the term “judicial district” in section 1692i of the Fair Debt Collection Practices Act should be defined with respect to state law, by…
  • Nov 25

    Federal judge nullifies Arkansas same-sex marriage ban

    Federal judge nullifies Arkansas same-sex marriage ban
    Refusing to postpone acting until state courts rule on the issue, a federal judge in Little Rock on Tuesday struck down the Arkansas ban on same-sex marriage.  This was the second ruling against such a ban in a state within the…
  • Nov 25

    Editor’s Note

    Editor’s Note
    At 9:30 a.m. on Monday we expect additional orders from the Court’s November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging shortly before 10:00 a.m.
Rank this Week: 12

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
Rank this Week: 21

Information Governance Engagement…

Information Governance Engagement Area

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

http://infogovernance.blogspot.com/
  • Nov 18

    Rolling Intelligence: Enterprise-Level Paying It Forward

    Rolling Intelligence: Enterprise-Level Paying It Forward
    By John MartinRolling intelligence is the enterprise-level equivalent of pay it forward. Effort invested in one business unit, functional area, or type of document storage to visually classify documents benefits the other units, areas,…
  • Nov 17

    Visualizing Data in a Predictive Coding Project – Part Two

    Visualizing Data in a Predictive Coding Project – Part Two
    By Ralph LoseyThis is part two of my presentation of an idea for visualization of data in a predictive coding project.Please read part one first.As most of you already know, the ranking of all documents according to their probable…
  • Nov 16

    TAR in the Courts: A Compendium of Case Law about Technology Assisted Review

    TAR in the Courts: A Compendium of Case Law about Technology Assisted Review
    By Bob AmbrogiMagistrate Judge Andrew Peck It is less than three years since the first court decision approving the use of technology assisted review in e-discovery. “Counsel no longer have to worry about being the ‘first’…
Rank this Week: 56

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: 54

ICT for Peacebuilding

ICT for Peacebuilding

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

http://ict4peace.wordpress.com
  • Nov 25

    Technology and theatre in a library

    Technology and theatre in a library
    When I read Where Humbert Humbert Might Whisper in Your Ear in the New York Times on a flight back to Colombo from the US, I immediately thought of doing something along the same lines in Sri Lanka to explore to what degree, post-war, we…
  • Nov 5

    UAVs and peacebuilding: Some thought

    UAVs and peacebuilding: Some thought
    My work with UAVs is largely conceptual, framed by growing up in a context of war, deeply informed by having to deal with the enduring legacy of violent conflict even post-war and anchored to the inalienable yet often callously erased rights…
  • Sep 17

    Technology: Progress and Potential

    Technology: Progress and Potential
    An article I wrote for Alliance for Peacebuilding’s Building Peace magazine is now up on the web. In it, I look at both the significant progress around technologies to share vital information before and during a conflict or disaster,…
Rank this Week: 59

Class Action Fairness Act Blog

Class Action Fairness Act Blog

Offers information, cases and insights on the Class Action Fairness Act of 2005 (CAFA). By McGlinchey Stafford.

http://www.cafalawblog.com/
  • Oct 24

    Single Event Exception Includes Multiple Events Caused by a Significant Occurance

    Single Event Exception Includes Multiple Events Caused by a Significant Occurance
    Rainbow Gun Club, Inc. v. Denbury Resources, Inc., 2014 WL 869504 (W.D. La. March 5, 2014). In this action, the District Court affirmed a remand order finding that CAFA’s local “single event exception” can include mass…
  • Oct 23

    Only 25% of PAGA Penalties–Sufficient to Satisfy the Amount in Controversy?

    Only 25% of PAGA Penalties–Sufficient to Satisfy the Amount in Controversy?
    Controulis v. Anheuser-Busch, LLC, 2013 WL 6482970 (C.D. Cal. Nov. 20, 2013). The plaintiff, employed as a bottler by the defendant, Anheuser-Busch, LLC, brought an action alleging that the defendant violated California law by including the…
  • Oct 22

    Defendants Must Demonstrate Factual Basis for Amount-in-Controversy Claim

    Defendants Must Demonstrate Factual Basis for Amount-in-Controversy Claim
    Sanchez v. Res-Care, Inc., 2014 WL 807997 (C.D. Cal. Feb. 28, 2014). In this action, the District Court remanded the case to the state court finding that the defendant failed to show by preponderance of evidence that the amount-in-controversy…
Rank this Week: 90

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
  • Nov 25

    International Conference: Settlement of International Trade Disputes in the Region of Central Asia and Caucasus: Public and Private Mechanism

    International Conference: Settlement of International Trade Disputes in the Region of Central Asia and Caucasus: Public and Private Mechanism
    The Kiel Centre for Eurasian Economic Law (KEEL) at the Institute of East European Law of the University of Kiel in cooperation with the Academy of Public Administration under the President of the Republic of Azerbaijan, the Al-Farabi Kazakh…
  • Nov 24

    ADR & ODR in the EU- Joint Conference ERA&MPI Luxembourg

    ADR & ODR in the EU- Joint Conference ERA&MPI Luxembourg
    2015 will be a landmark year for the debate on ADR & ODR. The Directive on Alternative Dispute Resolution (ADR) will have to be transposed into national legislation by 9 July 2015; the Online Dispute Resolution (ODR) platform will become…
  • Nov 23

    To steward or not to steward, that is the question

    To steward or not to steward, that is the question
    Some thoughts on the ATS by James Amstrong. James has been working internationally as a business process coordinator responsible for a major Oil and Gas company since 2000 in countries such as Korea, Angola, Malaysia and more…
Rank this Week: 106

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: 120

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Nov 25

    Another Take on Warger v. Shauer

    Another Take on Warger v. Shauer
    Previously, I blogged about the juror dishonesty case, Warger v. Shauers, that is currently before the Supreme Court. Professor Sherry Colb of Cornell, pictured above, has recently written a brief article offering her own opinion on the case.…
  • Nov 24

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

    Post-Trial Contact with Fed. Jurors in Louisiana to Become More Difficult
    Times-Picayune: New rules limiting juror contact in federal cases could have 'chilling ... To read my earlier post on this issue go here.
  • Nov 21

    Primer on Grand Jurie

    Primer on Grand Jurie
    In light of the fact that the Ferguson grand jury is likely to render its decision in the near future, I thought I would offer some links to sources that provide background information on grand juries. 1. Grand Juries 2....
Rank this Week: 150

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 180

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Nov 25

    Jury Reaches Verdict on Ferguson Officer Case

    Jury Reaches Verdict on Ferguson Officer Case
    A grand jury in Ferguson, Mo., arrived at a decision: Darren Wilson, a Ferguson police officer, won’t be facing charges in the shooting death of Michael Brown. There’s a very high chance a majority will never know why it came to be the…
  • Nov 25

    Judge: Missing Child Trial Should Make Use of Confession

    Judge: Missing Child Trial Should Make Use of Confession
    A suspect possessing a low IQ was aware of his rights and confessed to crime investigators that he choked a 6 year old boy to death back in 1979, according to a ruling earlier this week. The ruling gives prosecutors a chance to make full use…
  • Nov 24

    SC to Make Consideration on Facebook Post

    SC to Make Consideration on Facebook Post
    Next week, the Supreme Court will be hearing oral arguments in a First Amendment case that reviews the battle regarding when speeches on Facebook posts and other social media outlets are in violation of the law. The appeal, which is up for…
Rank this Week: 212

Class Action Blog

Class Action Blog

Covers class action litigation in the Southeast and class action arbitrations nationally. By Carlton Fields Jorden Burt.

http://www.cfjblaw.com/classactionblog/blog.aspx
Rank this Week: 290

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Nov 25

    Rare Circuit Court Judge Runoff Today

    Rare Circuit Court Judge Runoff Today
    Today Jones County voters will decide a rare runoff in a Circuit Court Judge election. The runoff is between longtime incumbent Judge Billy Joe Landrum and Laurel attorney Dal Williamson. Things have gotten a bit heated in Laurel. From the…
  • Nov 19

    PERS Still Massively Underfunded Despite Stock Market Hitting All-Time High

    PERS Still Massively Underfunded Despite Stock Market Hitting All-Time High
    Steve Wilson at Mississippi Watchdog recently wrote here about how Mississippi’s pension system ranks nationally. From the article: A new report by nonprofit State Budget Solutions says Mississippi’s Public Employees’…
  • Nov 17

    November Mississippi Jury Verdict Reporter Preview

    November Mississippi Jury Verdict Reporter Preview
    Here is a preview of the verdicts detailed in the November issue of the Mississippi Jury Verdict Reporter: $4,568,116 verdict- Hinds County products liability case discussed here (10/7/14); $484,481 verdict- Harrison County medical…
Rank this Week: 258

Structured Settlements 4Real

Structured Settlements 4Real

Provides structured settlement information, provocative commentary, news and opinion about structured settlements and settlement planning. By John Darer.

http://structuredsettlements.typepad.com/structured_settlements_4r/
  • Nov 24

    People With Disabilities Under 65 | Three Hurdles to Jump To Get Medicare

    People With Disabilities Under 65 | Three Hurdles to Jump To Get Medicare
    Before they can get Medicare coverage, people with disabilities, who are under age 65, must first RECEIVE Social Security Disability Insurance (SSDI) for 24 months. But... This is a content summary only. Please click on the title for the full…
  • Nov 24

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

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

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

    Why Do Some Structured Settlement Annuitants Sell Until They have Nothing?
    Upon information and belief only 7% of structured settlement annuitants sell their structured settlement payment rights, but those that do may engage in multiple transactions, sometimes as many as... This is a content summary only. Please…
Rank this Week: 269

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: 233

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: 279

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

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

    Substantial Differences Doom Design Patent Claim on the Pleading

    Substantial Differences Doom Design Patent Claim on the Pleading
    Young v. Stone, No. 13 C 4920, Slip Op. (N.D. Ill. Aug. 28, 2014) (Guzman, J.). Judge Guzman granted defendant’s Fed. R. Civ. P. 12(c) motion to dismiss plaintiff’s design patent infringement claim regarding defendant’s…
  • Nov 21

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

    Settlement in First Does Not Bar Discovery in a Second Related Suit
    Fasteners for Retail, Inc. v. Andersen, No. 11 C 2164, Slip Op. (N.D. Ill. Aug. 22, 2014) (Durkin, J.).  Judge Durkin granted in plaintiff Fasteners for Retail’s (“FFR”) motion to enforce the parties’ settlement…
  • Nov 19

    Trademark Fraud Claims Cannot be Dismissed Before Discovery

    Trademark Fraud Claims Cannot be Dismissed Before Discovery
    Slep-Tone Enter. Corp. v. Teddy O’Brian’s, Inc., No. 14 C 3570, Slip Op. (N.D. Ill. Sep. 24, 2014) (Guzman, J.). Judge Guzman granted in part plaintiff Slep-Tone’s Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant’s…
Rank this Week: 309

DRI Today

DRI Today

Features civil defense attorneys' perspectives on employment law, intellectual property, and product liability. From DRI - The Voice of the Defense Bar.

http://forthedefense.org/Default.aspx
Rank this Week: 337

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: 392

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: 299

Southern California Appellate News

Southern California Appellate News

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

http://socal-appellate.blogspot.com/
  • Nov 25

    More noteworthy December appellate program

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

    Supreme Court nomination!!! Angeleno Leondra Kruger

    Supreme Court nomination!!! Angeleno Leondra Kruger
    Governor Brown SelectsLeondra R. Krugerfor California Supreme CourtSACRAMENTO – Governor Edmund G. Brown Jr. today announced Leondra R. Kruger as his choice for associate justice of the California Supreme Court. Leondra R. Kruger,…
  • Nov 20

    Dec. 2 -- You gonna go Federal or State?

    Dec. 2 -- You gonna go Federal or State?
    Ok, SoCal Appellate Fanatics, what are you gonna do the evening of December 2?FBA-LA is throwing a Tribute to Chief Judge Kozinski at the Chambers Courthouse in Pasadena. Flyer here.But the Italian American Lawyers Association's Supreme Court…
Rank this Week: 421

Workplace Class Action Blog

Workplace Class Action Blog

Covers class action litigation issues, including class certification, discovery and defense strategies. By Seyfarth Shaw LLP.

http://www.workplaceclassaction.com/
  • Nov 25

    “One Step Too Far” — Court Shoots Down The EEOC’s Kitchen Sink Subpoena

    “One Step Too Far” — Court Shoots Down The EEOC’s Kitchen Sink Subpoena
    By Christopher DeGroff, Paul Kehoe and Gerald L. Maatman, Jr. Employers have become accustomed to the federal courts rubber stamping EEOC subpoenas seeking company-wide information based on a single charge of discrimination. In light of…
  • Nov 24

    Senator Alexander’s Report Puts The Spotlight On The EEOC — And Promises Further Oversight In The Next Congre

    Senator Alexander’s Report Puts The Spotlight On The EEOC — And Promises Further Oversight In The Next Congre
    By Christopher DeGroff, Paul Kehoe, and Gerald L. Maatman, Jr. Sen. Lamar Alexander (R-TN), the current Ranking Member and soon to be Chairman of the Senate Health, Education, Labor & Pensions Committee, today issued a report entitled…
  • Nov 20

    Views Of U.S. Workplace Class Actions From Europe

    Views Of U.S. Workplace Class Actions From Europe
    By Gerald L. Maatman, Jr. I had the privilege today of presenting on the topic of “The Risks U.S. Workplace Class Actions Pose For Businesses” to a group of European corporate counsel and business executives at the Swiss Re Centre…
Rank this Week: 630

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 551

Expert Witness Blog

Expert Witness Blog

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

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

    Child Abuse Expert Witnesses & Midwife Neglect Case

    Child Abuse Expert Witnesses & Midwife Neglect Case
    Child abuse expert witnesses may advise regarding child abuse and neglect and the physical and emotional mistreatment of children. In the news, South Dakota midwife Judy K. Jones is charged with the death of a Nebraska infant she delivered. …
  • Nov 23

    PTSD Expert Witness Testifies On Clinical Criteria

    PTSD Expert Witness Testifies On Clinical Criteria
    Post traumatic stress expert witness Mitchell Clionsky testified for the defense in the Springfield, MA, lawsuit against nightclub owner Demetrious Konstantopoulos. Cara Lyn Crncic alleges that a 2011 assault by Konstantopoulos has caused her…
  • Nov 17

    Medical Malpractice Expert Witness On Legal Medical Causation Part 2

    Medical Malpractice Expert Witness On Legal Medical Causation Part 2
    In CHIROPRACTIC / MEDICAL MALPRACTICE CAUSATION AND THE DEGENERATIVE SPINE, medical malpractice expert witness Richard K. Skala, DC, writes that the "chiropractic expert will be challenged by the opposing party during deposition and/or trial…
Rank this Week: 466

The Jury Room

The Jury Room

Covers juries, trial consulting, trial skills and litigation advocacy. By Keene Trial Consulting.

http://keenetrial.com/blog
  • Nov 24

    Thin-slicing infidelity: Brief observation can reveal more than you ever thought!

    Thin-slicing infidelity: Brief observation can reveal more than you ever thought!
    Our clients are routinely stunned by the accuracy of  mock juror impressions of witnesses and parties based on a 6 to 8 minute video clip from depositions. Mock jurors quickly assess character and are often eager to share their insights.…
  • Nov 21

    The “euphemism treadmill”: Is it African-American or Black?

    The “euphemism treadmill”: Is it African-American or Black?
    It’s a constantly moving target. Just over a year ago, we wrote about this on-going question and cited a Gallup Poll saying 65% of Black Americans have no preference when it comes to labels used to describe their racial or ethnic group.…
  • Nov 19

    Does legalized marijuana evoke “the mother of all gender gaps”?

    Does legalized marijuana evoke “the mother of all gender gaps”?
    We follow, as you may have noticed, attitudes, values and beliefs toward a wide variety of issues. So we were surprised to see this 2012 national poll from Quinnipiac University pop up in a number of recent blog posts. According to their…
Rank this Week: 617

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Nov 23

    Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability

    Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability
      It’s finally here: Tincher v. Omega Flex, the Pennsylvania Supreme Court’s overhaul of strict liability. If you’re unfamiliar with the recent turbulence surrounding strict liability, check out this post of mine from…
  • Nov 21

    Mediation Of A Big Injury Case: A Game Worth Playing?

    Mediation Of A Big Injury Case: A Game Worth Playing?
    A few months ago, in a wrongful death case I have against one of the biggest companies in America, the company’s lawyer asked: will you agree to a mediation?   Our firm founder, Jim Beasley, Sr., had a simple method to mediation:…
  • Nov 11

    Comcast, Kozinski, and The Decline Of Class Action

    Comcast, Kozinski, and The Decline Of Class Action
    Nearly a year ago, I praised an objection Judge Alex Kozinski filed — as a consumer, not a judge — to a proposed class action settlement that he was a part of, and so I was dismayed to see a recent article noting Judge…
Rank this Week: 486

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
  • Nov 20

    Construction Contracts: Do You Know Who You Contracted With?

    Construction Contracts: Do You Know Who You Contracted With?
    By Jeff Boudreaux Recently, we have noticed an increase in the number of construction contracts that either identify (1) an incorrect entity or (2) a non-existent entity as a party to the contract. No big deal, right…..maybe not. It…
  • Nov 19

    DHH Implements Recovery Audit Contractor Program

    DHH Implements Recovery Audit Contractor Program
    By Deborah J. Juneau The Louisiana Department of Health and Hospitals (“DHH”) adopted provisions to establish the Recovery Audit Contractor (“RAC”) Program, effective November 20, 2014, as required by the Affordable…
  • Nov 18

    Calming the Storm Tossed Waters: The Availability of Punitive Damages to the Jones Act Seaman Post McBride

    Calming the Storm Tossed Waters: The Availability of Punitive Damages to the Jones Act Seaman Post McBride
    By Michael J. O’Brien A. Introduction to Punitive Damages Pecuniary damages are awards designed to restore “material loss which is susceptible of pecuniary valuation.” Michigan Central Railroad. Co. v. Vreeland, 227 U.S. 59,…
Rank this Week: 565

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Nov 17

    Would You Watch an Ad to Read this Post? Another Patent Fails Alice Corp.'s Airy Test for Unpatentable "Abstract Ideas"

    Would You Watch an Ad to Read this Post? Another Patent Fails Alice Corp.'s Airy Test for Unpatentable "Abstract Ideas"
    A whiter shade of pale Patents that define ways to make money through commerce on the Internet never have gotten much respect. In the last year, a series of rulings by the Federal Circuit and the Supreme Court bled much...
  • Nov 10

    Twombly's Remorse?

    Twombly's Remorse?
    Has the United States Supreme Court backed away from its landmark toughening of the test for pleading a claim in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)? The signs point to yes. Sort of. Twombly's record Counting today's...
  • Oct 26

    Use of Phony Benchmark Rate Supports Bad Faith Claim, Second Circuit Hold

    Use of Phony Benchmark Rate Supports Bad Faith Claim, Second Circuit Hold
    Good faith and fair dealing New York law "implies" a duty in all contracts -- a duty to perform promises in good faith.* Does that mean a party must adjust a contractual benchmark rate if it knows something has distorted...
Rank this Week: 439

Civil Procedure & Federal Courts…

Civil Procedure & Federal Courts Blog

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

http://lawprofessors.typepad.com/civpro/
  • Nov 17

    Some thoughts on Johnson v. City of Shelby: Does it help make sense of Twombly & Iqbal?

    Some thoughts on Johnson v. City of Shelby: Does it help make sense of Twombly & Iqbal?
    We covered earlier the Supreme Court’s per curiam decision in Johnson v. City of Shelby summarily reversing the Fifth Circuit. It’s a short opinion—just two and a half pages—but it has some important things to say about pleading…
  • Nov 15

    Reaction to SCOTUS Decision in Johnson v. City of Shelby

    Reaction to SCOTUS Decision in Johnson v. City of Shelby
    On Monday we covered Johnson v. City of Shelby, a per curiam Supreme Court decision on pleading that summarily reversed the Fifth Circuit. Here’s some of the coverage of that decision from this past week: City of Shelby: New SCOTUS...
  • Nov 14

    Pfander on Bruhl on the Supreme Court and Lower-Court Precedent

    Pfander on Bruhl on the Supreme Court and Lower-Court Precedent
    Now available on the Courts Law section of JOTWELL is an essay by Jim Pfander entitled How Lower-Court Precedent Affects Supreme Court Precedent. Jim reviews Aaron Bruhl’s recent article, Following Lower-Court Precedent, 81 U. Chi. L. Rev.…
Rank this Week: 584

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: 558

Trial Ad Notes

Trial Ad Notes

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

http://trialadnotes.blogspot.com/
  • Nov 3

    Bryan Stevenson's Memoir, Just Mercy

    Bryan Stevenson's Memoir, Just Mercy
    Bryan Stevenson, executive director of the Equal Justice Initiative in Montgomery, AL, and a professor at NYU Law, has written a memoir about his work: Just Mercy: A Story of Justice and Redemption.A very warm review, by Seattle lawyer Kevin…
  • Oct 23

    Videos of U.S. Supreme Court Arguments—at Last!

    Videos of U.S. Supreme Court Arguments—at Last!
    On the HBO program Last Week Tonight, John Oliver observed that without video Supreme Court oral arguments are pretty dry, even with courtroom sketches as backdrops. So he proposed that the audio be livened up with video. What video? Dogs!…
  • Aug 7

    Conflicts Among Wash. Court of Appeals Division

    Conflicts Among Wash. Court of Appeals Division
    Unlike the federal circuits, the Washington Court of Appeals is a "unitary system"—one court that sits in three divisions, not three separate courts. But sometimes panels from two divisions disagree with each other, so there can be…
Rank this Week: 498

Class Action Blog

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Packman, Nealon, Scialabba & Baker P.C.

http://classactionblog.mpnsb.com/
  • Mar 26

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)
    The Court conditionally certified Meiselman Packman Nealon Scialabba & Baker P.C.’s federal lawsuit against PJPA, LLC a Papa John’s Pizza franchisee in Pennsylvania, New Jersey and Delaware.  As a result of the…
  • Mar 14

    McDonald’s And Other Food Chains May Be Underpaying Employee

    McDonald’s And Other Food Chains May Be Underpaying Employee
    Many fast food restaurants require their employees to purchase uniforms and/or clean their uniforms at their own costs.  However, employees should be reimbursed for the cost of purchasing and cleaning their uniforms.  In a recent…
  • Mar 10

    Tom’s Natural Toothpaste May Not Actually Be Natural

    Tom’s Natural Toothpaste May Not Actually Be Natural
    Consumers in the U.S. rely on labels that say “natural” when purchasing products such as toothpastes.  Consumers are even willing to pay extra money to buy products that are labeled “natural”.  Unfortunately,…
Rank this Week: 452

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: 544

Wines and Information Management…

Wines and Information Management (WIM)

In-house counsel blawg on e-disovery, the impact of IT on the law and vice versa, information/knowledge management and wines. By Dominic Jaar.

http://dominicjaar.blogspot.com/
Rank this Week: 472

Delaware Business Litigation…

Delaware Business Litigation Report

Offers case summaries of Delaware court decisions in business-related litigation. By Morris James.

http://www.delawarebusinesslitigation.com/
  • Dec 31

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim
    Silverberg v. Gold, C.A. 7646-VCP (December 31, 2013) Under Delaware law, a so-called Brophy claim seeks to recover the profits made by trading on insider information. Showing that material insider information was available is not…
  • Dec 31

    Court Of Chancery Denies Advancement For Predecessor Liability

    Court Of Chancery Denies Advancement For Predecessor Liability
    Grace v. Ashbridge LLC, C.A. 8348-VCN (December 31, 2013) In general, a successor entity is not liable for its predecessor's obligations when there has been a fundamental change in the identity of the entity.  Here, the Court held…
  • Nov 25

    Court Of Chancery Explains The Conspiracy Theory Of Jurisdiction

    Court Of Chancery Explains The Conspiracy Theory Of Jurisdiction
    Reid v. Siniscalchi, C.A. 2874-VCN (November 20, 2014) Under the conspiracy theory of jurisdiction, a non-resident may still be subject to Delaware court jurisdiction if a co-conspirator commits an act in Delaware in furtherance of the…
Rank this Week: 1113

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/
  • Nov 25

    Happy Thanksgiving from Sylvester Oppenheim & Linde

    Happy Thanksgiving from Sylvester Oppenheim & 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 20

    Who Is At Fault and Who Will be Liable in a Lyft Ride Sharing Crash?

    Who Is At Fault and Who Will be Liable in a Lyft Ride Sharing Crash?
    Car crashes are common, especially in the automobile-dependent American culture. It's one of the reasons why drivers are required to hold a valid insurance policy. Typically, when a driver is at fault in an accident, their insurance policy…
  • Nov 6

    Chipotle Employees Claim They are Underpaid: Class Action Lawsuits Filed

    Chipotle Employees Claim They are Underpaid: Class Action Lawsuits Filed
    Restaurant employees are required to work long hours. Running a restaurant begins hours before and sometimes continues for hours after the actual operating hours. In addition, employees are required to attend staff meetings, training sessions…
Rank this Week: 924

CEB blog

CEB blog

Covers practice tips and new legal developments of particular interest to California legal professionals. The CEB blog covers a wide range of practice areas from estate planning to civil litigation, along with posts relating to the practice of law generally.

http://blog.ceb.com
  • Nov 24

    Getting Edited Video into Evidence

    Getting Edited Video into Evidence
    With court time and patience at a premium, it may be best to introduce an edited version of a video recording into evidence instead of the whole—possible very long—version. But before you do this, you’ll have to authenticate…
  • Nov 21

    Should You Handle That Misdemeanor Case?

    Should You Handle That Misdemeanor Case?
    You get a call from a family member, friend, or client who’s either been arrested or will be soon with a misdemeanor, such as a DUI. Maybe you’re new to practice or criminal law isn’t your usual area. Should you take on the…
  • Nov 19

    5 Ways to Leverage California’s New Unaccompanied Minors Law

    5 Ways to Leverage California’s New Unaccompanied Minors Law
    The following is a guest blog post by Rachel K. Prandini, Unaccompanied Minor Law Fellow/Attorney at the Immigrant Legal Resource Center in San Francisco. The number of unaccompanied minors arriving at the US southern border in 2014 has been…
Rank this Week: 1072

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
Rank this Week: 766

The Conference Room--Answers to…

The Conference Room--Answers to Questions on N.C. Law

Comments on North Carolina civil litigation and laws. By Bradley A. Coxe.

http://nclawyer.typepad.com/north_carolina_civil_litg/
  • Nov 21

    Can't Give it Away.

    Can't Give it Away.
    I recently had a homeowner’s association question regarding the conveyance of common elements. Basically, the HOA owned property between a small river and about six member lots. The HOA and the rest of the property owners did not have…
  • Nov 7

    Aggravation

    Aggravation
    Only seldom do I have a personal injury case where there was not a doctor or chiropractic visit sometime in the months or years prior to the event sparking the lawsuit. An injured plaintiff can only recover for damages that...
  • Oct 30

    A Jury Thank you Letter

    A Jury Thank you Letter
    I frequently see on social media where someone has been called for jury duty. The post is frequently followed by half-joking advice on how to get of it by telling the lawyers you believe in the death penalty for littering...
Rank this Week: 819

Beyond Structured Settlements

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/
  • Nov 20

    NASP 2014 Annual Conference

    NASP 2014 Annual Conference
    The National Association of Settlement Purchasers (NASP) celebrated its 10th annual conference November 5-6, 2014 in San Antonio, Texas with record attendance, recognition of past accomplishments and a clear existential message from its…
  • Nov 12

    NSSTA 2014 Fall Educational Conference

    NSSTA 2014 Fall Educational Conference
    Although David Ringler was unable to attend the National Structured Settlement Trade Association (NSSTA) 2014 Fall Educational Conference October 29-30 in La Jolla, California, he had an apparent impact. Ringler, NSSTA's first president,…
  • Oct 16

    S2P2J Release 56

    S2P2J Release 56
    Publisher Law Journal Press will be distributing hard copy supplements for Release 56 of "Structured Settlements and Periodic Payment Judgments" (S2P2J) later this month with online S2P2J subscribers receiving their update automatically and…
Rank this Week: 1167

The California Blog of Appeal

The California Blog of Appeal

Features an appellate practitioner's take on practice and legal developments in the California Courts of Appeal, the California Supreme Court and the Ninth Circuit Court of Appeals. By Greg May.

http://www.calblogofappeal.com
  • Nov 18

    New blog to cover California Supreme Court

    New blog to cover California Supreme Court
    I received an invitation yesterday afternoon to attend a reception to celebrate the launch of a new blog “focused on providing substantive coverage of issues concerning the Supreme Court of California,” and billed as a joint…
  • Nov 3

    What can Ernest Hemingway teach you about legal writing?

    What can Ernest Hemingway teach you about legal writing?
    In a Wall Street Journal article last month, “Why Adverbs, Maligned by Many, Flourish in the American Legal System,” Ernest Hemingway is cited twice as an example of an effective writer who eschewed adverbs. This colorful…
  • Aug 27

    How to make your mediation brief effective

    How to make your mediation brief effective
    There are some big differences between appellate mediation and mediation while your case is still pending in the trial court. But appellate and trial lawyers can both benefit from reading mediator Rande Sotomayor’s excellent article,…
Rank this Week: 929

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Nov 13

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  • Nov 13

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  • Nov 2

    Best paid job

    Best paid job
    The Telegraph has just published an article on the ten highest-paid jobs that you can do at home. The highest paid was listed as voiceover artists who can earn £68.16. Strangely, self-employed kitchen table law costs draftsmen did not…
Rank this Week: 846

Johnson & Hunter, Inc.

Johnson & Hunter, Inc.

Teaches advocacy and persuasion for trial lawyers and public speaking to corporate lawyers.

http://www.johnson-hunter.com/blog/
  • Nov 4

    Duty, Honor, Country: Jo Ann Harri

    Duty, Honor, Country: Jo Ann Harri
    One of my heroes is gone. Jo Ann Harris, tenacious prosecutor for the Department of Justice and NITA teacher extraordinaire, died of lung cancer last week in New York. She had been ill for two years, but when Brian Johnson and I…
  • Oct 27

    OnRamp Fellowship Opportunity for Women Re-entering the Legal Profession

    OnRamp Fellowship Opportunity for Women Re-entering the Legal Profession
    Our colleague and friend Caren Ulrich Stacy has announced that her OnRamp Fellowship program is now accepting applications.The  goal of this program is replenishing the pipeline of experienced women lawyers in law firms. The Fellowship…
  • Oct 3

    Helping Your Witnesses Speak with Confidence

    Helping Your Witnesses Speak with Confidence
    by Brian K. Johnson and Marsha Hunter Direct examination is pivotal to the outcome of your trial. Your client’s story unfolds on direct, under your orchestration. The substance of their answers, the relationship they develop with…
Rank this Week: 1171

Illinois Appellate Lawyer Blog

Illinois Appellate Lawyer Blog

Covers the appellate record, constitutional analysis, jurisdiction, mootness, rehearings and the standard of review. By Steven R. Merican.

http://www.illinoisappellatelawyerblog.com/
  • Nov 3

    Expired Suspension Moots Construction Company’s Appeal

    Expired Suspension Moots Construction Company’s Appeal
    Chester Bross Construction Company was the low bidder on a number of Illinois Department of Transportation projects. But instead of awarding Bross the work, the Department suspended Bross from competing for any Department contracts for two…
  • Oct 27

    Write Like Earl Fatha Hines Mosey

    Write Like Earl Fatha Hines Mosey
    Paralyzed by that white screen mocking you? Close your eyes for a few minutes and let this piano massage your brain. Then write your appellate brief like Earl Fatha Hines moseys along the Santa Fe Trail.
  • Oct 25

    Lack Of Notary Dooms Husband’s Notice Of Appeal

    Lack Of Notary Dooms Husband’s Notice Of Appeal
    Anita and Sushil Sheth got divorced. Sushil was custodian on several of the couple’s two children’s financial accounts. Anita asked the trial court to remove Sushil as custodian. The trial court did so, and also denied…
Rank this Week: 670

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Nov 3

    Make Sure Your Vital Information Doesn’t Die When You Do

    Make Sure Your Vital Information Doesn’t Die When You Do
    Twenty years ago, we always told our clients to make an inventory of their important information, give a copy to a child or trusted family member and leave a copy in a secure place for safekeeping. It’s amazing how much has changed in…
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don't really have a good explanation for this. I usually ask at this point which…
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don’t really have a good explanation for this. I usually ask at this point which…
Rank this Week: 1135