Trials and Litigation Blogs - Law Blogs, Legal Blogs Directory & Search Engine

SCOTUSblog

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

http://www.scotusblog.com/

May 22
Burnside headed back to the Sixth Circuit?

Burnside headed back to the Sixth Circuit?

Last week in Burnside v. Walters, the Court took the fairly unusual step of granting cert. without having first received a brief from any of the respondents in the case: the case’s online docket indicates that the Court called for…
May 22
Petition of the day

Petition of the day

The petition of the day is:
May 22
Greenhouse gas case explained

Greenhouse gas case explained

UPDATE: The D.C. Circuit Court decision at issue in this case can be read here. The order denying en banc review, together with opinions issued along with that order, can be found here. —————–…

Rank this Week: 21

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/

May 23
"Court hears Hobby Lobby's challenge to part of health-care law"

"Court hears Hobby Lobby's challenge to part of health-care law"

"Court hears Hobby Lobby's challenge to part of health-care law": The Denver Post has this news update. The Oklahoman has a news update headlined "Hobby Lobby argues case before federal judges; Attorneys for the Oklahoma City retailer…
May 23
"Senate Confirms a Judge, but Rancor Remains"

"Senate Confirms a Judge, but Rancor Remains"

"Senate Confirms a Judge, but Rancor Remains": This article will appear in Friday's edition of The New York Times. The Washington Post reports that "Sri Srinivasan confirmed to serve on influential U.S. appeals court for D.C. Circuit." The…
May 23
"Broad limit on appointments urged"

"Broad limit on appointments urged"

"Broad limit on appointments urged": Lyle Denniston has this post at "SCOTUSblog."

Rank this Week: 25

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

May 9
Safety tips and security guidelines for Facebook

Safety tips and security guidelines for Facebook

Given the vituperative pushback of the BBS online against those who participated in the vigil in Colombo a few weeks ago, immediate measures to secure content posted on to web based social media platforms are essential to protect one’s…
May 9
New media and citizen journalism: The case of Groundview

New media and citizen journalism: The case of Groundview

Presented the work I had done with Groundviews to a group of activists from South Asia recently, noting that using social media platforms on the web, combined with mobiles, it is increasingly possible to bear witness to and report on…
Mar 16
Pitfalls of privacy online

Pitfalls of privacy online

The Ceylon Today newspaper quotes me in what is becoming a familiar story – identity theft and the unauthorised use of photos posted to various online social media fora for nefarious activities. Women and Media Collective‘s Sepali…

Rank this Week: 30

Expert Witness Blog

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

http://www.expertwitnessblog.com/

May 23
Patent Protection Expert Witnesses & "Patent Trolls"

Patent Protection Expert Witnesses & "Patent Trolls"

Patent protection expert witnesses may write reports on software patents, invention patents, patentability requirements, license agreements, and correlated matters. In Startups and Patent Trolls, Santa Clara University Assistant Professor of…
May 22
Petroleum Engineering Expert Witnesses & FERC

Petroleum Engineering Expert Witnesses & FERC

Petroleum engineering expert witnesses may consult on petrochemical engineering, horizontal drilling, and enhanced oil recovery. In Competing Views on the Permissible Scope of In-House Expert Witness Discovery at FERC: Without Guidance, FERC…
May 21
Physical Therapy Expert Witnesse

Physical Therapy Expert Witnesse

Physical therapy expert witnesses found here may testify regarding the use of therapeutic exercise, manipulations, massage therapy, body therapy, and bodywork. In Special Considerations in Cases of Trauma, The Ethics of Touch, a book on…

Rank this Week: 130

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: 137

Southern California Appellate News

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

http://socal-appellate.blogspot.com/

May 22
Bizarro: Egregious juror misconduct

Bizarro: Egregious juror misconduct

Check out People v. Pizarro for an especially egregious (the court says "criminal") instance of juror misconduct:, in which naughty Juror No. 9 looked up a prior appellate opinion in the murder case that was being retried.What would Client #9…
May 22
Certified Chutzph?

Certified Chutzph?

Imagine a defendant removing a case from state to federal court, and then asking the federal court of appeals to certify a question to the state supreme court. Further, imagine that the defendant's request for certification came only after an…
May 21
2d District Pro tem updates (extensions through July)

2d District Pro tem updates (extensions through July)

The following are currently sitting on assignment:Judge Edward A. Ferns of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Two until July 31, 2013. Judge Brian M. Hoffstadt of the Los Angeles County Superior…

Rank this Week: 162

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

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

http://jotwell.com/

May 22
Provoked Intimate Femicides: A Privatized Version of “Honour”?

Provoked Intimate Femicides: A Privatized Version of “Honour”?

Pascale Fournier, Pascal McDougall & Anna R. Dekker, Dishonour, Provocation and Culture: Through the Beholder’s Eye?, 16(2) Can. Crim. L. Rev. 161 (2012), available at the University of Ottawa.Isabel GrantIn their…
May 20
The Care and Feeding of Sticky Defaults in Information Privacy Law

The Care and Feeding of Sticky Defaults in Information Privacy Law

Lauren Willis, When Nudges Fail: Slippery Defaults, 80 U. Chi. L. Rev. ___ (forthcoming 2013) available at SSRN.Paul OhmIf Jotwell is meant to surface obscure gems of legal scholarship, which might go unnoticed otherwise, I might be missing…
May 17
The Brave New World of Identification

The Brave New World of Identification

Margaret Hu, Biometric ID Cybersurveillance, 88 Indiana L.J.__ (forthcoming 2013), available at SSRN.Mary FanThe memory seems almost quaint. While waiting with prosecutors in the hallway between indictments, an excellent customs…

Rank this Week: 156

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: 240

Day on Torts

Covers issues relating to tort law, regulations, and trials. Published by John A. Day of Day & Blair.

http://www.dayontorts.com/

May 23
Major Changes to Tennessee Wrongful Death Law - Death of a Spouse

Major Changes to Tennessee Wrongful Death Law - Death of a Spouse

Under the law of wrongful death in Tennessee, the spouse of the decedent typically has the principle right to pursue a wrongful death claim. However, from time to time cases have arisen where the marriage effectively but not legally…
May 18
Tennessee Medical Malpractice Lawsuits Against Governmental Entities and Their Employees and the Notice Statute

Tennessee Medical Malpractice Lawsuits Against Governmental Entities and Their Employees and the Notice Statute

Tennessee law has a one year statute of limitation in a medical malpractice (now called a health care liability) case. Formal legal notice must be given to health care providers who are going to be sued in the case and this notice must…
Apr 27
Important Medicare Subrogation Decision From the 9th Circuit Court of Appeal

Important Medicare Subrogation Decision From the 9th Circuit Court of Appeal

The 9th Circuit Court of Appeals has ruled that a private Medicare Advantage Organization plan cannot sue a plan participant’s survivors for reimbursement of medical payments out of the proceeds of an automobile insurance…

Rank this Week: 259

Chicago IP Litigation Blog

Covers Northern District of Illinois intellectual property cases. Published by attorney R. David Donoghue.

http://www.chicagoiplitigation.com/

May 1
Preliminary Injunction Partially Entered in Trademark Suit

Preliminary Injunction Partially Entered in Trademark Suit

DR Distributors, LLC v. 21 Century Smoking, Inc., No. 12 C 50324, Slip Op. (N.D. Ill. Mar. 14) (Kapala, J.). Judge Kapala granted the agreed portions of plaintiff’s motion for preliminary injunction in this trademark case involving…
Apr 29
Courtesy Copies of Complaints Required by Local Rule 5.2(f)

Courtesy Copies of Complaints Required by Local Rule 5.2(f)

Eiserman & Assocs., LLC v. Rosen, No. 13 C 1315, Slip Op. (N.D. Ill. Mar. 12, 2013) (Shadur, Sen. J.). Zambezia Film Pty. Ltd. v. Does 1-33, No. 13 C 1323, Slip Op. (N.D. Ill. Mar. 12, 2013) (Shadur, Sen. J.). Zambezia Film Pty. Ltd. v.…
Apr 26
Arguments Disclosed in Summary Judgment are Preserved

Arguments Disclosed in Summary Judgment are Preserved

CBOE v. ISE, No. 07 C 623, Slip Op. (N.D. Ill. Mar. 6, 2013) (Lefkow, J.). Judge Lefkow granted in part plaintiff CBOE’s motion to strike defendant ISE’s expert witness in this patent case, as follows: This case was not governed…

Rank this Week: 249

Trial Advocacy Blog

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

http://indexhtml.blogspot.com/

May 23
March/April 2013 Law Library Acquisitions List

March/April 2013 Law Library Acquisitions List

AbortionAbortion in the United States : a compilation of federal and state laws / edited by Tobe Liebert .Buffalo, NY : William S. Hein, 2013.KF9315 .A3 2013Administrative LawA guide to federal agency rulemaking / Jeffrey S. Lubbers.Lubbers,…
Apr 8
Temple Law Professor and Juvenile Lifer Ruling

Temple Law Professor and Juvenile Lifer Ruling

Professor Sarah Jacobson was quoted in Paula Reed Ward's recent article about Jeffrey Cristina, who was found guilty of second-degree murder and robbery. He was 17 years old and faced a mandatory prison term of life without parole --…
Mar 6
January/February 2013 Law Library Acquisitions List

January/February 2013 Law Library Acquisitions List

Administrative LawRegulation : why and how the state regulates / by Barak Orbach.[New York, NY] : Foundation Press, 2013.KF5402.O73 2013 AntitrustDOJ civil antitrust practice and procedure manual / [editor, Kenneth M. Vorrasi].Chicago, Ill. :…

Rank this Week: 340

California Business Litigation…

California Business Litigation Blog

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

http://www.californiabusinesslitigation.com/

May 23
Federal Judge Decides in Facebook's Favor in Typosquatting Case: Awards $2.8 Million

Federal Judge Decides in Facebook's Favor in Typosquatting Case: Awards $2.8 Million

As technology evolves and society relies more and more on the Internet for work and play, scam artists seem to dream up increasingly creative ways to derive a profit from it. Most regular Internet users have become familiar with the term…
May 17
Retaliation Lawsuit Filed After Social Media Posting

Retaliation Lawsuit Filed After Social Media Posting

Sometimes, social media, employers and workers just shouldn’t mix. At least, that’s the logical conclusion in the case of a lawsuit filed by former employees of Coyote Ugly Saloon. The trouble began when several current and…
May 9
High School Teacher Files an Appeal in Case of Social Media Related Resignation

High School Teacher Files an Appeal in Case of Social Media Related Resignation

A legal quagmire in Georgia over a teacher, her Facebook profile and student access to that profile is deepening. The tale starts at the beginning of the 2009 school year when Ashley Payne, a high school English teacher, befriended a student…

Rank this Week: 361

Court Technology and Trial…

Court Technology and Trial Presentation Blawg

Covers court and trial technology, and trial presentation. By Ted Brooks.

http://trial-technology.blogspot.com/

Apr 9
Managing Exhibits in Trial

Managing Exhibits in Trial

Exhibits are the building blocks of litigation, and if you end up at the short end in the battle of admitted evidence, you lose the trial. Like many sports, coming in second place in trial is not really a good thing. While you may have to…
Mar 25
Using Deposition Video in Trial

Using Deposition Video in Trial

There are several ways in which deposition video designations may be used in trial. The first and perhaps most frequently used technique would be using it for impeachment purposes. When compared with reading back some testimony of a solid…
Feb 13
What’s Up with Trial Technology? CourtLogger, JuryPad, LinkedIn, LegalTech, MyLegal

What’s Up with Trial Technology? CourtLogger, JuryPad, LinkedIn, LegalTech, MyLegal

Here are several recent items of interest to attorneys, paralegals, and other legal professionals. LegalTech 2013 has just wrapped up, and attendees say this year was as good as ever. The Law Technology Newssite is currently filled with…

Rank this Week: 369

Tort Talk

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

http://www.torttalk.com/

May 23
Judge Minora of Lackawanna County Addresses Standard to Join Additional Defendant

Judge Minora of Lackawanna County Addresses Standard to Join Additional Defendant

In his recent decision in the case of Montana v. Oakford Wood Home Owners Assn., No. 2012-CV-236 (C.P. Lacka. Co. 2013 Minora, J.), Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas granted an original Defendant's Motion…
May 23
An Oldie But Goodie

An Oldie But Goodie

I recently came across another decision from the past in which a trial court addressed the issue of Medicare lien payments possibly holding up the resolution of a civil litigation settlement. In his 2011 decision in the case of Mackrides…
May 22
District Magistrate Judge James Gibbons Wins Both Primaries for Lackawanna County Court of Common Pleas Judge

District Magistrate Judge James Gibbons Wins Both Primaries for Lackawanna County Court of Common Pleas Judge

District Magisterial Judge James Gibbons, 55, prevailed in both the Democratic and Republican primary elections for the open Lackawanna County Court of Common Pleas Judge position. The spot on the bench opened up when Judge Chester…

Rank this Week: 440

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Denlea, Packman, Carton & Eberz.

http://classactionblog.mdpcelaw.com/

May 23
Top Shelf May Be Bottom Shelf

Top Shelf May Be Bottom Shelf

Restaurants love to tell people that “you get what you pay for.” Sometimes this just isn’t true. New Jersey State authorities just busted thirteen different TGI Fridays locations for allegedly passing off cheap…
Apr 5
Supple Joint Drinks Cannot Rebuild Your Cartilage

Supple Joint Drinks Cannot Rebuild Your Cartilage

Millions of adults in the United States live with arthritis, a disease involving the breakdown of cartilage in joints, or other orthopedic disorders in which cartilage in joints is broken down over time and causes bones in those joints to…
Mar 20
Delivery Drivers Must Be Reimbursed

Delivery Drivers Must Be Reimbursed

Meiselman, Packman, Nealon, Scialabba & Baker P.C. (MPNSB) continues to actively investigate potential class action lawsuits on behalf of delivery drivers for Dominos, Pizza Hut, Papa Johns and other restaurants or businesses.…

Rank this Week: 378

Translation For Lawyers

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

http://www.translationforlawyers.com/

May 22
Swedish Translation Services and Why Many Are Looking North for International Arbitration

Swedish Translation Services and Why Many Are Looking North for International Arbitration

We've blogged about legal translation services in the context of international arbitration in France and India. The need for Swedish legal translation services comes up in the context of international arbitration in Sweden. According to a…
May 21
Professional Technical Translation Helps Get on the Same Page with Engineering Client

Professional Technical Translation Helps Get on the Same Page with Engineering Client

Technology in the world today is making exciting advances at a rapid pace. New and innovative ideas are being shared around the world, with improvements and innovations in many technical fields. One of the key elements to that advancement is…
May 16
The Verdict Is in: Human Translation Still Far Superior to Machine Translation

The Verdict Is in: Human Translation Still Far Superior to Machine Translation

We've compared professional document translation services by professional human translators with the process of challenging computer generated foreign language translations. Machine translation first came into being during the Second World…

Rank this Week: 553

Conflict of Laws .net

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

http://conflictoflaws.net

May 17
Transnational Dispute Management 3 (2013) – Corruption and Arbitration

Transnational Dispute Management 3 (2013) – Corruption and Arbitration

The latest issue of TDM is now available. This special issue on Corruption and Arbitration analyzes new trends and challenges regarding the intersection between allegations of corruption and decisions by arbitral tribunals regarding…
May 16
New Czech Act on Private International Law

New Czech Act on Private International Law

See this post over at Transnational Notes.
May 15
New U.S. Casebook on Conflict of Law

New U.S. Casebook on Conflict of Law

Professor Laura Little (Temple University’s Beasley School of Law) is the author of a new U.S. casebook on the Conflict of Laws published in the Aspen Casebook Series. Although relying essentially on U.S. sources, the casebook contains…

Rank this Week: 552

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

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

http://cpg-retail-litigation.kotchen.com/

Apr 29
Advertisers Expanding Case Against News America to Become a Class Action

Advertisers Expanding Case Against News America to Become a Class Action

An antitrust lawsuit brought by Dial Corporation and Heinz against News America Marketing is being expanded to include as Plaintiffs a proposed class of all domestic entities that purchased in-store promotions from News America. Last…
Dec 27
Dial Corp. Sues News America Marketing for Monopolization and Tying

Dial Corp. Sues News America Marketing for Monopolization and Tying

Last week, Dial Corporation filed suit against News America Marketing for monopolizing the market for in-store advertising and free-standing inserts (“FSIs”) and engaging in unlawful tying in violation of the antitrust laws. In…
Feb 5
Discovery Sanctions Ordered Against Delta Air Line

Discovery Sanctions Ordered Against Delta Air Line

On Friday, the Northern District of Georgia ordered that sanctions be imposed against Delta Air Lines, Inc. (“Delta”) for its discovery misconduct, awarding Plaintiffs certain fees and expenses related to Delta’s failure to timely…

Rank this Week: 507

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/

Apr 17
A Defendant's Subjective Belief Does Not Trigger Removal

A Defendant's Subjective Belief Does Not Trigger Removal

Roth v. CHA Hollywood Medical Center, L.P., 2012 WL 5456406 (C.D. Cal. Nov. 7, 2012). A District Court in California, addressing a motion to remand, was left with serious doubts as to the propriety of the removal because the defendants at no…
Apr 16
Individual Claims Removed Along with Class Claims Retain CAFA Jurisdiction Independent of Any Subsequent Dismissal or Transfer of Class Claim

Individual Claims Removed Along with Class Claims Retain CAFA Jurisdiction Independent of Any Subsequent Dismissal or Transfer of Class Claim

Ellison v. Autozone, Inc., 2012 WL 5177478 (9th Cir. Oct. 19, 2012). In this racial discrimination and state wage laws violation action, the Ninth Circuit reiterated that the federal courts are not deprived of jurisdiction over individual…
Apr 15
If A Defendant Could Be Found Liable For The Plaintiff's Claims, Then He Is A Proper Defendant

If A Defendant Could Be Found Liable For The Plaintiff's Claims, Then He Is A Proper Defendant

Velasquez v. HMS Host USA, Inc., 2012 WL 6049608 (E.D. Cal. Dec. 5, 2012). A District Court in California held that, if one could be found liable for civil penalties under the law asserted by the plaintiffs, then he is a proper…

Rank this Week: 476

The Briefcase

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

http://briefcase8.com

Jan 8
Case Update – Appellate Edition

Case Update – Appellate Edition

Time to take a look at the significant appellate decisions handed down in the past month. The 2nd District tackles the issue of destruction of evidence in State v. Beavers. The defendant had filed a motion to preserve a videotape, but…
Jan 7
Case Update – Supreme Court edition

Case Update – Supreme Court edition

I haven’t done a case update in a month. Usually, I’ll deal with US and Ohio Supreme Court decisions, and then some pertinent Ohio appellate cases. My BFF Lexis, though, informs me that there are about 300+ of the latter to…
Jan 4
An “ordinary” death

An “ordinary” death

Susan Yates had a hard life, and she died bad. She was homeless when Philip Jones met her in early 2007. A couple months later, a jogger found her body lying on a path in a cemetery. She’d been raped and…

Rank this Week: 543

EvidenceProf Blog

By John Marshall Law School Professor Colin Miller, with Contributing Editors and Professors David Leonard, Joelle Moreno, and Myrna Raeder

http://lawprofessors.typepad.com/evidenceprof/

May 23
Uninsurable: Court of Appeals of Rhode Island Finds No Problem With Judge's Sua Sponte Insurance Instruction

Uninsurable: Court of Appeals of Rhode Island Finds No Problem With Judge's Sua Sponte Insurance Instruction

Similar to its federal counterpart, Rhode Island Rule of Evidence 411 provides that Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully.…
May 22
Chutes & Ladders: Court of Appeals of Kentucky Finds Evidence of Ladder Switch Inadmissible Under Rule 407

Chutes & Ladders: Court of Appeals of Kentucky Finds Evidence of Ladder Switch Inadmissible Under Rule 407

Similar to its federal counterpart, Kentucky Rule of Evidence 407 provides that When, after an event, measures are taken which, if taken previously, would have made an injury or harm allegedly caused by the event less likely to occur,…
May 21
Talk About the Life in Massachusetts: Supreme Judicial Court of MA Does Not Adopt Federal Rule of Evidence 608(b)

Talk About the Life in Massachusetts: Supreme Judicial Court of MA Does Not Adopt Federal Rule of Evidence 608(b)

Federal Rule of Evidence 608(b) provides that Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character…

Rank this Week: 658

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/

May 22
Study: Courts Should Not Rely on Rehabilitation that Jurors Can Be Fair

Study: Courts Should Not Rely on Rehabilitation that Jurors Can Be Fair

Here is a study asking Can Jurors Self Diagnose Bias? Two Randomized Controlled Trials.” The study tries to determine whether the common practice of asking jurors who otherwise appear biased if they can be fair works to…
May 20
Defense Verdict in Washington County Malicious Prosecution Trial

Defense Verdict in Washington County Malicious Prosecution Trial

On April 4, 2013 a Washington County Circuit Court jury rendered a defense verdict in White v. Greenville Riverboat, LLC. On May 13, 2009, Plaintiff was playing the card game (21+3) at the Lighthouse Point Casino in Greenville. Sidebar:…
May 16
Jackson Attorney Debra Brown Nominated for U.S. District Judge

Jackson Attorney Debra Brown Nominated for U.S. District Judge

On Thursday President Obama nominated Jackson attorney Debra Brown to fill the vacant judgeship in the Northern District of Mississippi. Here is the press release: WASHINGTON, DC – Today, President Barack Obama nominated Debra M. Brown,…

Rank this Week: 575

The Courtroom Insight Blog

Featuring attorney reviews of expert witnesses, litigation consultants, mediators and arbitrators.

http://courtroominsight.wordpress.com/

May 16
No Additional Money for California Court

No Additional Money for California Court

Judicial branch leaders were left disappointed on Tuesday, after Governor Jerry Brown announced that no additional money would be given to California courts. According to his 2013-14 budget, the surplus of tax revenues (estimated to be $4.5…
May 2
Jodi Arias Trial: Personality Disorder v. PTSD

Jodi Arias Trial: Personality Disorder v. PTSD

CASE: Defendant Jodi Arias faces the death penalty if found guilty of first-degree murder of ex-boyfriend Travis Alexander back in 2008. EXPERT WITNESSES: Psychologists State: Janeen DeMarte: Personality Disorder Defense: Robert Geffner: PTSD…
Apr 24
In Memory of Robert L. Dunn

In Memory of Robert L. Dunn

ROBERT L. DUNN 1938-2013 Our condolences go out to the family of Robert L. Dunn, who died on April 13, 2013 when his car struck a tree along Highway 1 in Northern Sonoma County, California. Mr. Dunn’s untimely death is a great…

Rank this Week: 572

The Trial Warrior Blog

Covers law and justice in Canada. By Antonin I. Pribetic.

http://thetrialwarrior.com/

May 10
Tanya J. Monestier, “(Still) a ‘Real and Substantial’ Mess: The Law of Jurisdiction in Canada”

Tanya J. Monestier, “(Still) a ‘Real and Substantial’ Mess: The Law of Jurisdiction in Canada”

Tanya J. Monestier (Roger Williams University School of Law) has published “(Still) a ‘Real and Substantial’ Mess: The Law of Jurisdiction in Canada”, Fordham International Law Journal, Vol. 36, p. 397, 2013/Roger…
May 3
Howard M. Erichson, “The Chevron-Ecuador Dispute, Forum Non Conveniens, and the Problem of Ex Ante Inadequacy”

Howard M. Erichson, “The Chevron-Ecuador Dispute, Forum Non Conveniens, and the Problem of Ex Ante Inadequacy”

Howard M. Erichson (Fordham University School of Law) has posted “The Chevron-Ecuador Dispute, Forum Non Conveniens, and the Problem of Ex Ante Inadequacy”, Fordham Law Legal Studies Research Paper No. 2245889. Here’s…
May 3
Gervais et al. “Is Profiting from the Online Use of Another’s Property Unjust? The Use of Brand Names as Paid Search Keywords”

Gervais et al. “Is Profiting from the Online Use of Another’s Property Unjust? The Use of Brand Names as Paid Search Keywords”

Daniel J. Gervais (Vanderbilt University – Law School), Martin L. Holmes (Parker Poe Adams & Bernstein L.L.P.), Paul W. Kruse (Bone McAllester Norton PLLC), Glenn Perdue (Kraft Analytics, LLC) and Caprice L.…

Rank this Week: 674

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. Published by Rob Robinson.

http://infogovernance.blogspot.com/

May 8
Weekly eDiscovery News and Views - May 8, 2013

Weekly eDiscovery News and Views - May 8, 2013

Compiled from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and…
May 1
Weekly eDiscovery News and Views - May 1, 2013

Weekly eDiscovery News and Views - May 1, 2013

Compiled from online public domain resources, provided for your review/use is this week's update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and announcements. Follow…
Apr 24
Weekly eDiscovery News and Views - April 24, 2013

Weekly eDiscovery News and Views - April 24, 2013

Compiled from online public domain resources, provided for your review/use is this week's update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and announcements. Follow…

Rank this Week: 646

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/

Apr 30
Legal Resource

Legal Resource

Here are some excellent personal injury lawyers: Lawyer Internet Marketing criminal defense attorney Los Angeles Houston personal injury attorney Seattle personal injury attorney personal injury lawyer Albuquerque
Apr 26
North Dakota Abortion Restriction

North Dakota Abortion Restriction

The governor of North Dakota signed a controversial bill on April 16 that prohibits abortions after 20 weeks of pregnancy. The United States Supreme Court determined in Roe v. Wade that had a woman had the right to a legal abortion until as…
Apr 26
Supreme Court Listen to Arguments in Gay Marriage Case

Supreme Court Listen to Arguments in Gay Marriage Case

As the Supreme Court considered the case for gay marriage at the end of March, most experts agree that the while national laws might not change in 2013, it’s just a matter of time until the court legalizes gay marriage. In the meantime, the…

Rank this Week: 693

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

Apr 24
When it comes to the anti-SLAPP statute, there’s no such thing as “just a little” criminal extortion

When it comes to the anti-SLAPP statute, there’s no such thing as “just a little” criminal extortion

The courts’ application of California’s “anti-SLAPP statute” — Code of Civil Procedure section 425.16 — has been heavily criticized as being too broad. Section 425.16 authorizes a “special motion to…
Apr 8
Even disobedience of trial courts in other states can get your California appeal dismissed

Even disobedience of trial courts in other states can get your California appeal dismissed

Last Thursday’s decision in Stoltenberg v. Ampton Investments Inc., case no. B235731 (2d. Dist. April 5, 2013) demonstrates the hazards of being unable to stay enforcement of a money judgment against you while your appeal is pending . .…
Mar 21
What is the appellate “doghouse,” and why should you care?

What is the appellate “doghouse,” and why should you care?

No, I’m not talking about that imaginary place that your client puts you in if you lose the case. I’m talking about the mysterious “doghouse” references one sees when looking at the online docket of a California…

Rank this Week: 581

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog

May 23
Circuit Split: Looking Beyond The Record In Administrative Proceeding

Circuit Split: Looking Beyond The Record In Administrative Proceeding

U.S.ICELogo.svg_.png The Ninth Circuit joins the Third, Fourth and Eleventh Circuits in rejecting an Immigration Judge's look outside the record to determine if an acknowledged conviction was one "involving moral turpitude"…
May 21
Authenticating Recorded Conversation

Authenticating Recorded Conversation

SeventhCircuitSeal.png Seventh Circuit highlights two options to authenticating recorded conversations and voice identification, in a case where the recordings were obtained by a cooperating witness and provided to law…
May 21
Assessing Lay Witness “Helpfulness” To A Jury Of Defendant’s Peer

Assessing Lay Witness “Helpfulness” To A Jury Of Defendant’s Peer

Reel-to-reel_1.JPG In conspiracy to distribute cocaine trial, admitting law enforcement lay testimony identifying the defendant’s voice as helpful to “this particular jury, sitting in Massachusetts”…

Rank this Week: 796

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/

May 23
Good Faith Would Not Defeat False Opinion Claim Under Securities Act, Sixth Circuit Hold

Good Faith Would Not Defeat False Opinion Claim Under Securities Act, Sixth Circuit Hold

The Sixth Circuit split with the Second and Ninth Circuits today on what a plaintiff must plead under section 11 of the Securities Act of 1933 in cases that involve opinions, views, and other "soft" info. The panel looked at...
May 21
Using Amateur Athlete's Avatar in Video Game Could Violate Right of Publicity, Third Circuit Rule

Using Amateur Athlete's Avatar in Video Game Could Violate Right of Publicity, Third Circuit Rule

Electronic Arts, Inc., makes video games, including the NCAA Football series. EA put an avatar of Ryan Hart, an ex-quarterback at Rutgers, in the series. Hart sued EA for "violating his right of publicity as recognized under New Jersey…
May 20
WSJ Equates Filing Empty Seats with Court-Packing

WSJ Equates Filing Empty Seats with Court-Packing

About 76 years ago, President Franklin D. Roosevelt hatched a plan for bending to his will a recalcitrant and obstructive (by his lights) U.S. Supreme Court. The Court at the time consisted of seven Republican appointees and two Democratic…

Rank this Week: 762

Dispute Resolution in Germany

Covers litigation, arbitration and mediation in Germany. By Peter Bert.

http://www.disputeresolutiongermany.com/

May 23
Don’t Mention the War – On England, Germany and Football

Don’t Mention the War – On England, Germany and Football

Occasionally on this blog, we mention football (and here and here). And occasionally, we mention Monthy Python. The old English cliches about German krauts, however, appear to be fading away, thanks to a strange combination of…
May 22
Human Rights, Flattr and amnesty international

Human Rights, Flattr and amnesty international

Dispute Resolution Germany is supporting amnesty international. You may have noticed that there is a new “flattr” button on the website. If you “flattr” on Dispute Resolution Germany, I will…
May 16
Porsche Hedge Fund Litigation: New York, Braunschweig – Now It’s Stuttgart Again

Porsche Hedge Fund Litigation: New York, Braunschweig – Now It’s Stuttgart Again

We had reported earlier that Porsche had struck a deal with some of the New York hedgde fund claimants to discontinue their US actions. In return, Porsche had agreed not to invoke the statute of limitation if the actions were ……

Rank this Week: 988

New Jersey Attorney Law Review…

New Jersey Attorney Law Review Blog

Reviews published and unpublished civil law decisions of importance issued by the New Jersey Appellate Division and New Jersey Supreme Court. By Glenn Reiser.

http://newjerseylawreview.blogspot.com/

May 23
Home Improvement Contracts: The Nuts and Bolts of New Jersey's Regulatory Requirement

Home Improvement Contracts: The Nuts and Bolts of New Jersey's Regulatory Requirement

New Jersey has strict rules when it comes to home improvement contracts in excess of $500, the overriding purpose of which is to protect consumers from unscrupulous contractors. The New Jersey Administrative Code §…
May 21
New Jersey Appeals Court Spares Eviction of 89-Year Old Blind Man

New Jersey Appeals Court Spares Eviction of 89-Year Old Blind Man

In an unpublished decision issued on May 21, 2013, a New Jersey appeals court held that a landlord was not entitled to evict his residential tenant, an 89-year old blind man with diabetes, because of the tenant's refusal to sign a new…
May 16
What is Wrong With Our Judicial System?

What is Wrong With Our Judicial System?

I couldn't find a better example to illustrate the problem with our judicial system. In a recently unpublished decision of the New Jersey Appellate Division, Hernandez v. North Jersey Neurosurgical Associates, Superior…

Rank this Week: 840

Electronic Discovery Law

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

http://www.ediscoverylaw.com/

May 23
U.S. International Trade Commission Adopts e-Discovery Rule

U.S. International Trade Commission Adopts e-Discovery Rule

The U.S. International Trade Commission has adopted “final rules related to its e-discovery practices.” “The new rules will be effective 30 days after publication in the Federal Register and are applicable to…
May 22
Case Update: For Spoliation, Court Orders $250,000,000 "to be applied as a credit against Rambus's [$349 million] judgment against SK hynix"

Case Update: For Spoliation, Court Orders $250,000,000 "to be applied as a credit against Rambus's [$349 million] judgment against SK hynix"

SK Hynix, Inc. v. Rambus, Inc., No. C-00-20905 RMW, 2013 WL 1915865 (N.D. Cal. May 8, 2013) In this ongoing patent infringement action, a major question has been whether Rambus’s destruction of documents constituted…
May 17
For Good Cause Shown, Plaintiffs No Longer Required to Utilize Predictive Coding

For Good Cause Shown, Plaintiffs No Longer Required to Utilize Predictive Coding

EORHB, Inc. v. HOA Holdings, LLC, No. 7409-VCL, 2013 WL 1960621 (Del. Ch. May 6, 2013) Previously, the court ordered the parties to “retain a single discovery vendor to be used by both sides” and to “conduct document review…

Rank this Week: 976

For the Defense

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

http://forthedefense.org/ftd.aspx

May 23
Ethics in the Virtual Office

Ethics in the Virtual Office

Attorneys who practice out of the “virtual” office are becoming more common. Perhaps it is the overhead costs deterring some from shelling out for a physical address, or the ease with which one can practice entirely online, or…
May 20
Employers Challenging the Authority of NLRB

Employers Challenging the Authority of NLRB

With the DC Circuit having invalidated President Obama’s recess appointments to the National Labor Relations Board, employers are finding increasingly more ways to challenge the Board’s authority to act. The Court’s decision…
May 17
Thoughts on the Supreme Court’s Long Awaited Decision Regarding Patent Exhaustion: Monsanto V. Bowman, -- S.CT. -- (2013)

Thoughts on the Supreme Court’s Long Awaited Decision Regarding Patent Exhaustion: Monsanto V. Bowman, -- S.CT. -- (2013)

In a unanimous decision, the Supreme Court affirmed both the lower court and Federal Circuit decisions rejecting Bowman’s patent exhaustion defense relating to his harvesting of second generation soybean seeds featuring Monsanto’s…

Rank this Week: 810

Lawsuit Reform Watch

Covers civil justice reform issues in New Jersey. By the New Jersey Lawsuit Reform Alliance.

http://www.lawsuitreformwatch.org/

May 23
NJLRA Executive Director Marcus Rayner testifies before the NJ Supreme Court

NJLRA Executive Director Marcus Rayner testifies before the NJ Supreme Court

Rayner NJLRA executive director Marcus Rayner testified before the state’s highest court on Tuesday, May 21st. Rayner asked the justices to consider amending the state’s Rules of Evidence to ensure that evidence permitted in New Jersey…
May 22
Chief Justice Rabner announces effort to expedite civil, criminal proceedings in NJ

Chief Justice Rabner announces effort to expedite civil, criminal proceedings in NJ

Litigation costs are high - for everyone. Read about NJ Supreme Court Chief Justice Stuart Rabner's effort to overhaul New Jersey's civil and criminal justice systems, recently outlined at a State Bar Association event: Rizzo/The Star-Ledger.
May 17
Download media coverage of A-2878, the so-called 'Facebook bill'

Download media coverage of A-2878, the so-called 'Facebook bill'

Download Facebook bill coverage Bill text Conditinal Veto Press Release

Rank this Week: 960

eDiscovery Daily Blog

Provides eDiscovery news, analysis and educational tips. By Trial Solutions.

http://www.ediscoverydaily.com/

May 23
Google Compelled to Produce Search Terms in Apple v. Samsung – eDiscovery Case Law

Google Compelled to Produce Search Terms in Apple v. Samsung – eDiscovery Case Law

In Apple v. Samsung, California Magistrate Judge Paul S. Grewal granted Apple’s motion to compel third party Google to produce the search terms and custodians used to respond to discovery requests and ordered the parties to “meet…
May 22
Litigation 101 for eDiscovery Tech Professionals: Multi-district Litigation (MDL)

Litigation 101 for eDiscovery Tech Professionals: Multi-district Litigation (MDL)

Last week’s blog post covered class action litigation – that is, a case that is filed on behalf of a group (or class) of members who have a common grievance or have suffered a common injury. One lawsuit is filed and there is one…
May 21
Welcome to LegalTech West Coast 2013! – eDiscovery Trend

Welcome to LegalTech West Coast 2013! – eDiscovery Trend

Today is the start of LegalTech® West Coast 2013 (LTWC) and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. Today, we will provide a description of some of the sessions related to…

Rank this Week: 832

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/

May 22
Eighth Circuit Raises Specter Of Constitutionality Issues In TCPA Class Action

Eighth Circuit Raises Specter Of Constitutionality Issues In TCPA Class Action

By Jennifer A. Riley and Jason P. Stiehl In a much-anticipated decision involving the Telephone Consumer Protection Act (“TCPA”), the Eighth Circuit in Nack v. Walburg, Case No. 11-1460 (8th Cir. May 21, 2012), reversed a…
May 16
"Historic" Verdict In EEOC v. Hill Country Farms Reduced To $1.6 Million But Litigation Continues As EEOC Seeks Injunctive Relief Against Defunct Company

"Historic" Verdict In EEOC v. Hill Country Farms Reduced To $1.6 Million But Litigation Continues As EEOC Seeks Injunctive Relief Against Defunct Company

By Christopher DeGroff, Reema Kapur, and Gerald L. Maatman, Jr. We previously reported that the United States Equal Employment Opportunity Commission (EEOC) secured a verdict of $240 million in its lawsuit against Hill Country Farms last…
May 15
Second Circuit Pronounces New View Of The Importance Of Statistical Evidence In Firefighter Hiring Litigation In United States and The Vulcan Society, Inc., et al. v. City Of New York, et al.

Second Circuit Pronounces New View Of The Importance Of Statistical Evidence In Firefighter Hiring Litigation In United States and The Vulcan Society, Inc., et al. v. City Of New York, et al.

By Rebecca Bjork and Gerald L. Maatman, Jr. Employers who face Title VII discrimination lawsuits in the Second Circuit now have some pretty explicit guidance on how to rebut a plaintiff’s attempt to state a prima facie case of pattern…

Rank this Week: 821

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

May 22
Immigration Issues Dos and Don’ts for Job Interview

Immigration Issues Dos and Don’ts for Job Interview

There are many subjects that require care when conducting a job interview. Immigration is definitely one of them. Given the increased awareness and sensitivity to immigration status issues, employers need to watch their questions. Although…
May 20
Keep an Eye Toward an Appeal

Keep an Eye Toward an Appeal

Trying a case is hard enough, but throughout trial you should also keep in the back of your mind the need to preserve the record for appeal. Why is it so important to pay attention to the record during trial? It all comes down to a major…
May 17
Second Bite at the Apple: How Unregistered Domestic Partners (and Other Cotenants) Can Still Avoid Property Tax Reassessment

Second Bite at the Apple: How Unregistered Domestic Partners (and Other Cotenants) Can Still Avoid Property Tax Reassessment

Do you own a house with someone and don’t want to register as domestic partners, but you still want an exclusion from a change in ownership for property tax purposes when you die? Now you can. Here’s how it works. Under Rev &…

Rank this Week: 932

EDiscoveryMap

Covers cross-border ediscovery issues. By Monique Altheim.

http://ediscoverymap.com

May 17
Ediscovery, Data Privacy and Social Media Weekly Update

Ediscovery, Data Privacy and Social Media Weekly Update

Whose Social Media Account Is It, Anyway? http://zite.to/15T07mL via @zite Facebook remains top social network, Google+, 2nd, and YouTube, 3rd http://zite.to/10CGG8X via @zite Frederik Borgesius ‏@FBorgesius16…
May 10
Ediscovery, Data Privacy and Social Media Weekly Update

Ediscovery, Data Privacy and Social Media Weekly Update

US Charges Eight in $45 Million Cybercrime Scheme – This will be one for the books… and Hollywoood spinoffs…. http://ow.ly/2wM5RZ Ediscovery and DataProtection Daily is out!…
May 3
Ediscovery, Data Privacy and Social Media Weekly Update

Ediscovery, Data Privacy and Social Media Weekly Update

Facebook’s New Trusted Contacts: Can You Really Trust Your Friends? http://zite.to/165b57U via @zite The Public/Private Surveillance Partnership http://zite.to/112cxad via@zite Reddit revises its privacy policy and…

Rank this Week: 880

ClassActionBlawg.com

Features class action news, commentary, and analysis. By Paul Karlsgodt.

http://classactionblawg.com

May 14
Class Action CLE Recap – Insights on the 2012-13 Supreme Court Term from the Bench and Both Sides of the Bar

Class Action CLE Recap – Insights on the 2012-13 Supreme Court Term from the Bench and Both Sides of the Bar

The Class Actions, Mass Torts and Derivative Suits Subcommittee of the Colorado Bar Association, now ably chaired by my BakerHostetler partner, Casie Collignon, held its first CLE luncheon of the year this past…
May 10
Where’s Your Class Action Insurance Policy?

Where’s Your Class Action Insurance Policy?

An article posted by my colleagues Judy Selby and Zack Rosenberg in the BakerHostetler Class Action Lawsuit Defense Blog raises some important issues for any company that could find itself the target of a class action lawsuit. With the…
Apr 24
Will Recent Supreme Court Decision “Clap Off” the Lights on Data Breach Class Actions?

Will Recent Supreme Court Decision “Clap Off” the Lights on Data Breach Class Actions?

Data breach cases are popular targets for class actions these days because a single incident of hacking or theft can expose the sensitive personal or financial information of millions of people at a time. …

Rank this Week: 834

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/

May 7
Attorney Fee

Attorney Fee

Money (Photo credit: 401(K) 2013) A frequent misunderstanding about civil lawsuits that I encounter is about the payment of attorneys fees and costs. A sizeable number of potential clients assume that they can ask for the other party to…
Apr 17
Timber Trespass--Time to Sue

Timber Trespass--Time to Sue

(Photo credit: Wikipedia) Lately I have had a few calls about the wrongful cutting of timber, so I thought I would update on the state of the law in North Carolina when your timber is illegally harvested. Basically, as I...
Apr 5
Medical Provider Lien

Medical Provider Lien

A lot of times it is easier as an attorney to obtain a personal injury or medical malpractice settlement from a defendant or an insurance company that it is to actually give that money to a client. One of the...

Rank this Week: 889

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/

Mar 19
SCOTUS Decides Standard Fire Insurance Co. v. Knowle

SCOTUS Decides Standard Fire Insurance Co. v. Knowle

From BNA's Supreme Court Today:Standard Fire Insurance Co. v. Knowles, No. 11-1450: A would-be class plaintiff's stipulation that he and the class he seeks to represent will not seek damages greater than $5 million total, which is the…
Dec 4
Kaplow on Multistage Litigation

Kaplow on Multistage Litigation

Professor Louis Kaplow (Harvard) has posted an article entitled Multistage Litigation on SSRN. Here is the abstract:Legal proceedings often involve multiple stages: U.S. civil litigation allows motions to dismiss and for summary…
Nov 27
Issacharoff and Miller Post Motion to Dismiss Article on SSRN

Issacharoff and Miller Post Motion to Dismiss Article on SSRN

Professors Samuel Issacharoff and Geoffrey Miller (both of NYU) have just posted an article entitled An Information-Forcing Approach to the Motion to Dismiss on SSRN. Here is the abstract:

Rank this Week: 910

Jeff Vail

Covers litigation checklists, litigation knowledge management, strategy, and the future of litigation.

http://www.jeffvail.net/

Dec 27
Preserving ESI on Twitter

Preserving ESI on Twitter

Once litigation is “reasonably anticipated,” parties have an obligation to preserve all potentially relevant material. That obligation extends to information reasonably under a party’s control, even if it is not…
Dec 1
E-Discovery White Paper

E-Discovery White Paper

Our new E-Discovery white paper is available now: E-Discovery White PaperEntitled "Avoiding E-Discovery Nightmares: Simple Steps for Small Businesses," this paper discusses key steps small businesses should consider to prepare for…
Dec 1
Colorado State E-Discovery Law

Colorado State E-Discovery Law

In 2009, the Colorado Supreme Court rules committee rejected incorporating either the Federal or proposed Uniform E-Discovery Rules into the Colorado Rules. See…

Rank this Week: 736

Ontario Rules of Civil Procedure…

Ontario Rules of Civil Procedure Blog

Covers how the new Ontario Rules of Civil Procedure are being interpreted and applied in recent cases. By Fraser Milner Casgrain LLP.

Nov 24
George Weston Limited v. Domtar Inc.; 1318214 Ontario Limited v. Sobeys Capital Incorporated, 2012 ONSC 5001, (S.C.J.) (Rule 20 – summary judgment)

George Weston Limited v. Domtar Inc.; 1318214 Ontario Limited v. Sobeys Capital Incorporated, 2012 ONSC 5001, (S.C.J.) (Rule 20 – summary judgment)

Judgment Released: September 3, 2012 Link to Judgment Following the Ontario Court of Appeal’s decision in Combined Air Mechanical Services Inc. (summarized on this Blog), in two separate cases, the Court dealt with a motion to strike a…
Nov 24
Precious Metal Capital Corp. v. Smith, 2012 ONCA 298 (Rule 20 – summary judgment)

Precious Metal Capital Corp. v. Smith, 2012 ONCA 298 (Rule 20 – summary judgment)

Judgment Released: May 8, 2012 Link to Judgment The Ontario Court of Appeal dealt with an appeal where summary judgment had been granted by the Court below, prior to the release of Combined Air. The OCA noted that the Court in Combined…
Nov 24
2186080 Ontario Inc. v. 1009558 Ontario Limited, 2012 ONSC 2593 (Div. Ct.) (Rule 1.04 – proportionality)

2186080 Ontario Inc. v. 1009558 Ontario Limited, 2012 ONSC 2593 (Div. Ct.) (Rule 1.04 – proportionality)

Judgment Released: April 30, 2012 Link to Judgment The Divisional Court denied leave to appeal the decision of a Superior Court decision where the Judge denied a motion for a further and better affidavit of documents. The Superior Court…

Rank this Week: 801

Western Canada Business Litigation…

Western Canada Business Litigation Blog

Covers issues emerging in the legal and business communities. By Lawson Lundell LLP.

http://www.westerncanadabusinesslitigationblog.com/

May 23
"Relief from Forfeiture" under the Civil Forfeiture Act

"Relief from Forfeiture" under the Civil Forfeiture Act

Posted by Peter RobertsEarlier this year, I blogged about the civil forfeiture case of B.C. (Director of Civil Forfeiture) v. Wolff. That appellate decision set guidelines for the trial courts on what and how to consider the…
May 21
How should a Strata Deal with the Owner from Hell? - Part 3

How should a Strata Deal with the Owner from Hell? - Part 3

Posted by Peter RobertsIn my January 2012 and July 2012 blog posts, I discussed the ongoing saga of the Jordisons, arguably the epitome of strata owners from hell. For a period of years, the Jordisons continually behaved…
May 1
Is it a Fixture or is it a Chattel?

Is it a Fixture or is it a Chattel?

Posted by Peter RobertsLandlords, tenants and law students all wrestle over what it means to be a fixture as opposed to a chattel. It matters to landlords because, at the end of a tenancy, fixtures can become their property and enhance…

Rank this Week: 1561

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/

May 23
"Secondary Market Annuity" / "InForce Structured Annuity" Disclosure

"Secondary Market Annuity" / "InForce Structured Annuity" Disclosure

The financial products that are referred to as Secondary Market Annuities and Inforce Annuities ARE NOT ANNUITIES and a company that markets such products to investors admits that in this excerpt... This is a content summary only. Please…
May 22
Targets of Settlement Purchasing Companies: It's All "Relative"

Targets of Settlement Purchasing Companies: It's All "Relative"

Settlement purchasers are known for ad buys in so-called "unemployment TV" This is a content summary only. Please click on the title for the full content, If you find yourself on FAEMM community, back out and type in www.…
May 20
Genex Capital "Operative" Spammed Answers.com to Try To Penalize JG Wentworth

Genex Capital "Operative" Spammed Answers.com to Try To Penalize JG Wentworth

Vancouver based Genex Capital must have it out for JG Wentworth to pull this stunt after another website it uses for lead generation promotes Genex officer hosted complaint pages against J.G.... This is a content summary only. Please click on…

Rank this Week: 1096

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