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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Oct 21

    Puerto Rico ban on same-sex marriage upheld

    Puerto Rico ban on same-sex marriage upheld
    Relying mainly on two legal points that federal courts have repeatedly rejected over the past sixteen months, a federal trial judge in San Juan ruled Tuesday that Puerto Rico’s ban on same-sex marriage survives constitutional…
  • Oct 21

    Petition of the day

    Petition of the day
    The petition of the day is: Sexton v. Panel Processing, Inc. 14-152 Issue: Whether section 510 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1140, prohibits retaliation against an employee who makes…
  • Oct 21

    Wyoming added to same-sex marriage list

    Wyoming added to same-sex marriage list
    With the filing Tuesday of a one-paragraph notice by state officials in a federal courthouse in Casper, Wyoming, and the release of a two-page order by a federal judge, that state became the thirty-second to allow same-sex…
Rank this Week: 10

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
  • 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,…
  • 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,…
  • Sep 4

    Lankacorps Fellows 2014 presentation

    Lankacorps Fellows 2014 presentation
    A presentation made at The Asia Foundation in Colombo to the 2014 cohort of the Foundation’s Lankacorps Fellows. Filed under: ICTs in general
Rank this Week: 23

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/
  • Oct 18

    Top 10 Reasons to Use Visual Classification

    Top 10 Reasons to Use Visual Classification
    By Joe HowieWe are asked on a regular basis why organizations should use visual classification to manage their electronic and paper repositories for various information governance initiatives. Here’s a summary of how we respond:…
  • Oct 17

    Thinking Outside the Box in Information Governance and eDiscovery (Cartoon and Clip)

    Thinking Outside the Box in Information Governance and eDiscovery (Cartoon and Clip)
    The Cartoon and Clip of the Week for October 17, 2014Daily we read, see and hear more and more about technology developments that impact the areas of information governance and electronic discovery. This week’s cartoon and clip…
  • Oct 16

    Measuring Recall in E-Discovery Review: A Tougher Problem Than You Might Realize – Part 1

    Measuring Recall in E-Discovery Review: A Tougher Problem Than You Might Realize – Part 1
    By John TredennickA critical metric in Technology Assisted Review (TAR) is recall, which is the percentage of relevant documents actually found from the collection. One of the most compelling reasons for using TAR is the promise that a review…
Rank this Week: 31

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
  • Oct 21

    OGEL & TDM Call for Papers: Special Issue on Renewable Energy Dispute

    OGEL & TDM Call for Papers: Special Issue on Renewable Energy Dispute
    Oil, Gas, and Energy Law Journal and Transnational Dispute Management invite submissions for a joint Special Issue on Renewable Energy Disputes. Renewable energy production is nothing new: windmills have been used to produce wind-based energy…
  • Oct 19

    Foreign Judgments and Arbitral Awards – A Practical Guide

    Foreign Judgments and Arbitral Awards – A Practical Guide
    This new book by Apostolos Anthimos is a further step to record systematically the existing Greek case law in the field of International Civil Litigation. Following last year’s publication on the Service of Process Abroad the author…
  • Oct 18

    Daimler AG v. Bauman et al. (a comment)

    Daimler AG v. Bauman et al. (a comment)
    Prof. Zamora Cabot (University Jaume I, Castellón, Spain), has just published a new comment on the US Supreme Court decision Daimler in English. He has kindly provided me the link: just click here.
Rank this Week: 38

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
Rank this Week: 44

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 21

    Defendant’s Speculations Will Not Suffice for CAFA Jurisdiction

    Defendant’s Speculations Will Not Suffice for CAFA Jurisdiction
    Woods v. CVS Pharmacy, Inc., 2014 WL 360185 (C.D. Cal. Jan. 30, 2014). A District Court in California remanded an action for failure to establish the amount in controversy holding that a defendant seeking removal of a putative class action…
  • Oct 20

    Plaintiff’s Facially Deficient Claims Cannot Be Considered for Purposes of the CAFA Amount in Controversy Determination

    Plaintiff’s Facially Deficient Claims Cannot Be Considered for Purposes of the CAFA Amount in Controversy Determination
    McDaniel v. Fifth Third Bank, 2014 WL 805508 (M.D. Fla. Feb. 28, 2014). In an action arising out of fraud and misrepresentation, the district court refused to retain subject matter jurisdiction under CAFA finding that it could not consider a…
  • Oct 17

    100 Is The Magic Number For Both Remand As Well As Removal

    100 Is The Magic Number For Both Remand As Well As Removal
    California ex rel. Sherwin v. Office Depot, Inc., 2014 WL 320156 (C.D. Cal. Jan. 29, 2014). Relying on the Supreme Court’s recent decision in Mississippi ex rel. Hood v. AU Optronics Corp, which prohibited the court from exercising…
Rank this Week: 72

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 100

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Oct 21

    Will Someone Explain Why the Minnesota State Court System Cannot Make Civil Filings Public?

    Will Someone Explain Why the Minnesota State Court System Cannot Make Civil Filings Public?
    Update (October 21, 2014): Today Minnesota Lawyer quoted Minnesota Supreme Court Justice Barry Anderson following up on a Minnesota Lawyer post that, in turn, followed up on my Minnesota Litigator post below (link here, behind…
  • Oct 21

    Thinking About Life After Litigation? Bill Dossett’s Nice Ride Should Give You Hope.

    Thinking About Life After Litigation? Bill Dossett’s Nice Ride Should Give You Hope.
    Bill Dossett is the Executive Director of NiceRide Minnesota. But he was not born that way. Bill’s professional evolution should inspire litigators and other lawyers, who, like Bill, have thought about whether there…
  • Oct 20

    The Next Big Wave…

    The Next Big Wave…
    Competitive industries are obsessed with “the next big wave” and civil litigation is no exception. We are all constantly searching for “edge,” the next big thing, the competitive advantage. The next big wave is…
Rank this Week: 110

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/
  • Oct 21

    Touchdown Notre Dame For Master's Structured Settlement Certification (MSSC)

    Touchdown Notre Dame For Master's Structured Settlement Certification (MSSC)
    The Master's Structured Settlement Consultant (MSSC) is an advanced credential earned by qualified structured settlement consultants and settlement planners from NSSTA and the Stayer Center for... This is a content summary only. Please click…
  • Oct 13

    German's "Blitzkrieg Flop" for DRB Capital by "The RaMoans".

    German's "Blitzkrieg Flop" for DRB Capital by "The RaMoans".
    Cash now pushers like DRB Capital do themselves, consumers and the industry no favors by putting out material that is so way off base. This is a content summary only. Please click on the title for the full content which includes a library of…
  • Oct 13

    SFSP Voluntary Group LTD Plan Enhanced Benefits and Reduced Rates!

    SFSP Voluntary Group LTD Plan Enhanced Benefits and Reduced Rates!
    Disability insurance is an important pillar of financial security. Losing your ability to produce earned income is devastating both mentally and physically. Without disability insurance, your... This is a content summary only. Please click…
Rank this Week: 142

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Oct 20

    When Writing, An Ounce Of Empathy Is Worth A Pound Of Grammar

    When Writing, An Ounce Of Empathy Is Worth A Pound Of Grammar
    A lawyer has two jobs. First, the lawyer thinks about how the law might work, good or bad, in their client’s situation, and then tells their client. Second, the lawyer brings others around to ideas about the law that are good for their…
  • Oct 2

    Walmart’s Answer To Tracy Morgan’s Lawsuit Is Worse Than You Think

    Walmart’s Answer To Tracy Morgan’s Lawsuit Is Worse Than You Think
    © Max Kennerly. The original for this post is Walmart’s Answer To Tracy Morgan’s Lawsuit Is Worse Than You Think at Litigation & Trial Lawyer Blog.Back in June, I wrote a short post on the fatal accident involving a…
  • Sep 8

    To Practice Law Is To Be Afraid

    To Practice Law Is To Be Afraid
    © Max Kennerly. The original for this post is To Practice Law Is To Be Afraid at Litigation & Trial Lawyer Blog.When it comes to lawyer “war stories,” I agree with Philip Thomas: “The only stories about a lawyer…
Rank this Week: 162

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: 173

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: 179

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: 183

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/
  • Oct 21

    Forfeiture v. Sound Analysi

    Forfeiture v. Sound Analysi
    Here's footnote 5 of an opinion published here, issued after a rehearing petition in an anti-SLAPP appeal:This issue of first impression was first raised in defendants’ petition for rehearing. Ordinarily we might treat it as…
  • Oct 20

    Appellate Panel Must Have 3 Judge

    Appellate Panel Must Have 3 Judge
    Today's MetNews reports on Johnson v. Appellate Division in Court of Appeal Rejects Use of Two-Judge Appellate Panel in Superior Court. Code of Civil Procedure 77(b) provides that in each superior court appellate division, "no more than…
  • Oct 14

    2d DCA pro tem update

    2d DCA pro tem update
    Assigned JudgesThe following are currently sitting on assignment:Judge Rita Miller of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until November 30, 2014 Judge Lee Edmon of the Los Angeles Superior Court, will…
Rank this Week: 198

Asset Search Blog

Asset Search Blog

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

http://www.assetsearchblog.com/
  • Oct 6

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

    Divorce & Hidden Money: Helga Glock’s Search For Gaston Glock’s Asset
    This is the ninth post in the “Divorce & Hidden Money” series.  By failing to disclose any offshore assets, one divorcing spouse may cheat the other out of child support, alimony or other court awards.  A spouse…
  • Aug 21

    Recovering Assets By Identifying & Immobilizing Them

    Recovering Assets By Identifying & Immobilizing Them
    Identifying and immobilizing assets in a timely fashion can be paramount to asset recovery cases ranging from an ultra- high net worth divorce to a forced collection proceeding against a debtor. The abstract about “Suspending Suspicious…
  • Jul 22

    Recovering Illicit Assets Via Switzerland’s Mutual Legal Assistance Unit

    Recovering Illicit Assets Via Switzerland’s Mutual Legal Assistance Unit
    Mr. Pascal Gossin is the head of Switzerland’s Mutual Legal Assistance Unit, (hereinafter “the Unit”), which is part of the Federal Office of Justice.  Mr. Gossin was a fellow speaker at the Carmelite Chambers…
Rank this Week: 201

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: 229

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Oct 21

    Trivial Defect Doctrine Applied in Lycoming County Trip and Fall Case to Deny MSJ

    Trivial Defect Doctrine Applied in Lycoming County Trip and Fall Case to Deny MSJ
    In the case of Walker v. Community Action Realty, Inc., No. 13-00,418 (C.P. Lycoming Co. Oct. 13, 2014 Gray, J.), Judge Richard A. Gray of the Lycoming County Court of Common Pleas recently denied a Defendant’s Motion for Summary…
  • Oct 20

    CLE: Personal Injury Practicum in Philadelphia (November 6, 2014)

    CLE: Personal Injury Practicum in Philadelphia (November 6, 2014)
    As requested, I am posting the below ad for the Personal Injury Practicum set to take place on Thursday, November 6, 2014 in Philadelphia, PA. (I am not participating, just posting as a favor as requested).  If you have difficulty…
  • Oct 20

    Speaking at PBI Auto Law Update CLE Seminar on 10/31/14 in Mechanicsburg, PA

    Speaking at PBI Auto Law Update CLE Seminar on 10/31/14 in Mechanicsburg, PA
    I will be presenting on the topic of "The Latest in Bad Faith" at the PBI's 21st Annual Auto Law Update CLE Seminar set to take place on October 21, 2014.  The program begins at noon.If interested in registering to attend the live…
Rank this Week: 238

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Oct 20

    $2.5 Million Verdict in Asbestos Drilling Mud Case, But only 10% Fault to Defendant

    $2.5 Million Verdict in Asbestos Drilling Mud Case, But only 10% Fault to Defendant
    It’s pretty borderline whether I have enough information to post about this verdict, but what the heck. There was an asbestos drilling mud trial over the last couple of weeks before Circuit Judge Lamar Pickard in Jefferson County. The…
  • Oct 15

    October Miss. Jury Verdict Reporter Preview

    October Miss. Jury Verdict Reporter Preview
    Here is a preview of the verdicts detailed in the September issue of the Mississippi Jury Verdict Reporter: $500,000 verdict- Hinds County slip-and-fall case discussed here (9/10/14); $200,000 verdict (but plaintiff 50% fault)-…
  • Oct 13

    Congratulations on your big win! By the way, you’re fired.

    Congratulations on your big win! By the way, you’re fired.
    The ABA Journal headline told the story: Litigation success brings layoffs for 17 attorneys at law firm representing Halliburton Yep. One of the sad facts of Defense law: you can work yourself out of a job.  From the article about Godwin…
Rank this Week: 245

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Oct 20

    Uber Tech Challenges Court Ruling

    Uber Tech Challenges Court Ruling
    Uber Technologies Inc. is fighting a court ruling in France in what seems to be one of the quickest growing services in France, intensifying a legal battle despite the firm’s broad clashes within Europe. A criminal court in Paris ruled last…
  • Oct 20

    Facebook Suing Attorneys for Fraud Contribution

    Facebook Suing Attorneys for Fraud Contribution
    Facebook CEO Mark Zuckerberg filed a lawsuit against Paul Ceglia’s attorneys, saying they assisted their client on a defraud attempt against the world’s largest social network as well as its founder. A number of lawyers have represented…
  • Oct 13

    Obama Further Tightens Net Rule

    Obama Further Tightens Net Rule
    Tom Wheeler, a Chairman of the Federal Communications Commission, is in a very narrow spot as he writes rules on how broadband firms can handle their own traffic. In the previous week, President Barack Obama, wanted to make the spot even…
Rank this Week: 267

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Oct 20

    Plaintiff May Not Dismiss Claims in Response to Summary Judgment Motion

    Plaintiff May Not Dismiss Claims in Response to Summary Judgment Motion
    Beasley v. John Wiley & Sons, Inc., No. 12 C 8715, Slip Op. (N.D. Ill. Sep. 9, 2014) (St. Eve, J.). Judge St. Eve, after previously deferring ruling to allow the parties to work out procedural disputes, granted defendant John Wiley &…
  • Oct 17

    Patent Exhaustion Applies Despite License Restriction

    Patent Exhaustion Applies Despite License Restriction
    Cascades Computer Innovation, LLC v. Samsung Elecs. Co., Nos. 11 C 4574 & 11 C 6235, Slip Op. (N.D. Ill. Sep. 14, 2014) (Kennelly, J.). Judge Kennelly granted in part defendants Samsung’s and HTC’s motions for summary judgment…
  • Oct 15

    Related Party Bound to Agreement’s Arbitration Clause

    Related Party Bound to Agreement’s Arbitration Clause
    FarmedHere, LLC v. Just Greens, LLC d/b/a AeroFarm Systems, LLC, No. 14 C 370, Slip Op. (N.D. Ill. June 16, 2014) (Holderman, Sen. J.). Judge Holderman granted defendant AeroFarm’s Fed. R. Civ. P. 12(b)(3) motion to dismiss plaintiff…
Rank this Week: 277

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: 292

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Oct 21

    Orders on Motions for Summary Judgment - Rubber-Stamping Not Allowed

    Orders on Motions for Summary Judgment - Rubber-Stamping Not Allowed
                This summer the Tennessee Supreme Court offered guidance on what a trial court must do when granting or denying a motion for summary judgment under Tenn. R. Civ. P. 56.04. Despite…
  • Oct 20

    Strip Club Murderer Loses Appeal

    Strip Club Murderer Loses Appeal
    The case of Jernigan v. Hunter, No. M2013-01860-COA-R3-CV (Tenn. Ct. App. Sept. 30, 2014) begins in January 2006, when John Jernigan was stabbed and beaten to death by two men, a father and son, inside a Nashville strip club. Father pleaded…
  • Oct 16

    NEJM Study on Defensive Medicine

    NEJM Study on Defensive Medicine
    From the American Association for Justice: The New England Journal of Medicine published a new study on the effects of tort reform on emergency room department treatments. The researchers examined Medicare emergency room fee-for-service…
Rank this Week: 306

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/
  • Oct 16

    Cases on Tap for Tomorrow’s SCOTUS Conference: Are Cert Grants Coming on Pleading and Personal Jurisdiction?

    Cases on Tap for Tomorrow’s SCOTUS Conference: Are Cert Grants Coming on Pleading and Personal Jurisdiction?
    A couple of cases on the calendar for tomorrow's Supreme Court conference are worth a quick mention. Both appear on SCOTUSblog’s "relist" list. (That they had already been calendared for previous conferences and avoided a quick…
  • Oct 15

    Epstein on Black & Spriggs on the Depreciation of U.S. Supreme Court Precedent

    Epstein on Black & Spriggs on the Depreciation of U.S. Supreme Court Precedent
    Over on the Courts Law section of JOTWELL is an essay by Lee Epstein entitled The Depreciation of Precedent. It reviews an article by Ryan Black and James Spriggs that was recently published in the Journal of Empirical Legal Studies.
  • Oct 14

    The Advisory Committee's Gargantuan New Agenda

    The Advisory Committee's Gargantuan New Agenda
    Far from resting on its laurels after pushing through the latest round of defense-oriented amendments to the FRCP, the Advisory Committee on Civil Rules continues its assault. This time, among many other things, it's tackling class actions…
Rank this Week: 319

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/
  • Oct 21

    Evaluating the Efficacy of Nonmonetary Tax Penaltie

    Evaluating the Efficacy of Nonmonetary Tax Penaltie
    Joshua D. Blank, Collateral Compliance, 162 U. Pa. L. Rev. 719 (2014).Kristin HickmanMonetary penalties for noncompliance are a routine feature of the tax laws. The tax literature includes extensive debate over different ways of structuring…
  • Oct 20

    Green Go! – The Military’s Sustainability Mission

    Green Go! – The Military’s Sustainability Mission
    ­­Sarah E. Light, The Military-Environmental Complex, 55 B.C. L. Rev. 879 (2014).Felix Mormann“Green Go!” The U.S. battle cry in the Mexican-American War that, according to some etymologists, earned Americans their…
  • Oct 17

    On the Rise of Lawyers in Lobbying in India

    On the Rise of Lawyers in Lobbying in India
    Bhargavi Zageri, Notes from the Field: How India's Corporate Law Firms are Influencing Her Legal, Policy and Regulatory Frameworks, HLS Program on the Legal Profession Research Paper No.2014-19, 2014, available at SSRN.Nick…
Rank this Week: 340

Workplace Class Action Blog

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/
Rank this Week: 398

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: 409

Angel Reyes Blog

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/
  • Jul 30

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?
      Most of us have experienced the anxiety and frustration of a computer, smartphone, iPad or other device malfunctioning. But what would we do if our lives depended on an electronic device performing perfectly?    
  • Jul 9

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit
      This past Monday, a New York federal judge denied Big Pharma’s Merck & Co Inc.’s attempt to avoid paying $285,000 to plaintiff in a multi-district lawsuit based on the fact that the bone drug Fosamax causes jaw…
  • Jul 8

    Monster Overdose: Are Energy Drinks Killing Teens?

    Monster Overdose: Are Energy Drinks Killing Teens?
    Alex Morris died suddenly this year from cardiac arrest at the age of 19. He habitually drank two cans of Monster Energy® drinks each day for two years. His mother Paula believes energy drinks were the cause and immediately filed a…
Rank this Week: 408

The Appellate Gourmet (c)

The Appellate Gourmet (c)

Covers the many flavors of appellate issues and law. By Dorothy Easley.

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 453

Beyond Structured Settlements

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/
  • Oct 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…
  • Oct 1

    ASNP Settlement Planning Webinar Series - 1

    ASNP Settlement Planning Webinar Series - 1
    The Academy of Special Needs Planners' (ASNP) 12-part "Settlement Planning" webinar series , which begins today, offers an important educational opportunity to learn more about this evolving profession. Evaluated in advance, based upon its…
  • Sep 29

    Fall 2014 Educational Resource

    Fall 2014 Educational Resource
    During this transitional era for both settlement planning and the primary and secondary structured settlement markets, participating professionals are fortunate to have multiple educational opportunities this Fall to update and expand their…
Rank this Week: 456

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • 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…
  • Aug 23

    Power Of Attorney Not Always Easy To Use

    Power Of Attorney Not Always Easy To Use
    An article in today's New York Times sheds some interesting light on powers of attorney and their sometimes unforeseen drawbacks. Your lawblogger thinks it is well worth a look.
Rank this Week: 485

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/
  • 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…
  • Jun 20

    Ethics of Advising Marijuana Users and Businesse

    Ethics of Advising Marijuana Users and Businesse
    Under RPC 1.2(d), a "lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal . . ."  Does this cover lawyers advising clients under Washington's new marijuana law, when possession is…
  • May 21

    Perceptions of Justice—Olympia, June 9

    Perceptions of Justice—Olympia, June 9
    The Washington State Minority and Justice Commission presents a half-day program, Perceptions of Justice, reviewing a report on Washingtonians' perceptions of how they are treated by the police and the courts.June 9, 2014, 8:45 a.m.-noonOB2…
Rank this Week: 497

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Oct 20

    Morality in everyday life for the religious and the nonreligiou

    Morality in everyday life for the religious and the nonreligiou
    The researchers recruited a sample of 1,252 adults ranging in age from 18 to 68 years of age who reside in the US and Canada. Each participant completed measures of religiosity and political ideation prior to participation in the actual…
  • Oct 17

    The “life cycle effect”: To raise your income, do not become a mother! 

    The “life cycle effect”: To raise your income, do not become a mother! 
    Or if you already are a mother, do not have any more children. On the other hand, if you are a man, have as many children as you would like. And preferably with a woman who doesn’t mind taking a dramatic payroll hit at work. With…
  • Oct 15

    The Libertarian Orientation Scale: Who’s the (real) Libertarian?

    The Libertarian Orientation Scale: Who’s the (real) Libertarian?
    After years of not having a way to measure those who consistently respond in a Libertarian direction, the Public Religion Research Institute (PRRI) has offered us a new scale to do just that. We posted on Monday about their survey of…
Rank this Week: 523

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…
  • Oct 16

    Company Ordered to Produce Records Related to Subsidiarie

    Company Ordered to Produce Records Related to Subsidiarie
    Authored By Thomas E. Hanson, Jr. This article was originally published in the Delaware Business Court Insider | October 16, 2014 In Oklahoma Firefighters Pension & Retirement System v. Citigroup, C.A. No. 9587-ML…
Rank this Week: 552

Expert Witness Blog

Expert Witness Blog

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

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

    Expert Witness Marketing Consultant Rosalie Hamilton On Expert Pay

    Expert Witness Marketing Consultant Rosalie Hamilton On Expert Pay
    In her special report EXPERT PAY DISCUSSION, Rosalie Hamilton, the leading authority on expert witness marketing and founder of Expert Communications, writes: You May Enjoy Your Work, But Don't Work for the Fun of It — Make Sure You…
  • Oct 12

    Medical Malpractice Expert Witness On Legal Medical Causation Part 1

    Medical Malpractice Expert Witness On Legal Medical Causation Part 1
    In CHIROPRACTIC / MEDICAL MALPRACTICE CAUSATION AND THE DEGENERATIVE SPINE, medical malpractice expert witness Richard K. Skala, DC, writes:Proving or disproving Legal Medical Causation is based on testimony by expert witnesses regarding the…
  • Oct 9

    Economic Damages Expert Witness On Future Earnings Part 1

    Economic Damages Expert Witness On Future Earnings Part 1
    In Personal Injury Litigation - the Difference Between Future Earnings and Future Earning Capacity, economic damages expert witness Ronald T. Luke, JD, PhD and Mary L. Hoane, CPA/CFF, MBA write:This paper discusses one of many issues that…
Rank this Week: 538

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: 563

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
Rank this Week: 602

Jeff Vail

Jeff Vail

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

http://www.jeffvail.net/
  • Feb 6

    Colorado Litigation Report

    Colorado Litigation Report
    Take a look at the Colorado Litigation Report, a site with very useful, short summaries of Colorado appellate opinions (best of all, published on a very regular basis, unlike this blog of late...  but soon to change).
  • Jul 19

    The Oil Drum

    The Oil Drum
    Sadly, one of my favorite websites (and a website where I was previously a contributing author), www.theoildrum.com, is shutting down (actually converting to an archive, there will just be no new content).  There are a variety of reasons…
  • 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…
Rank this Week: 620

Northern District of California…

Northern District of California Blog

Covers court orders in primarily civil cases from the U.S. District Court for the Northern District of California. By Michael O'Brien.

http://www.ndcalblog.com/
  • Oct 7

    Question 5 - The Angry Decedent Strikes Again Will

    Question 5 - The Angry Decedent Strikes Again Will
    This question I would rate as a fastball.  There are a lot of issues to fly through, but they are the same issues tested in virtually every Wills question since 1980.  If you studied the California Probate Code (CPC) you probably did fine.…
  • Oct 7

    Question 3: Can I get a witness? (California Evidence) California Bar Exam

    Question 3: Can I get a witness? (California Evidence) California Bar Exam
    This is the first of three criminal questions on this test, the most in recent memory since criminal subjects are rarely tested compared to torts and constitutional law.  This question is probably to calibrate the testing group…
  • Oct 7

    Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)

    Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)
    Question Four is a pretty standard contracts and remedies question.  I score this one as a curveball because you have to untangle the contract mess in order to get to the remedies question.  I provided a pair of pretty good strategies for…
Rank this Week: 623

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 647

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Oct 21

    Jury Issues Continue to Plague Goodman Trial

    Jury Issues Continue to Plague Goodman Trial
    The latest mishap involved a sequestered juror who brought a laptop into his hotel room. The juror claims that he only checked sports scores; however, the judge seemed somewhat dubious of that explanation. Regardless of why the juror accessed…
  • Oct 20

    The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial

    The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial
    Renee Lettow Lerner Abstract (to read the entire article go here): The Federal Bill of Rights and state constitutions rely heavily on procedural protections, especially jury rights. Supporters of these rights at the founding praised the jury…
  • Oct 16

    Jury Simulation Goal

    Jury Simulation Goal
    Jonathan Koehler John B. Meixner Abstract (to read the entire article go here): What are the goals that researchers who conduct jury simulations have or should have? Drawing on Pennington and Hastie (1981), we identify three primary goals:…
Rank this Week: 688

Federal Civil Practice Bulletin

Federal Civil Practice Bulletin

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

http://federalcivilpracticebulletin.blogspot.com/
Rank this Week: 670

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: 713

Greedy Trial Lawyer

Greedy Trial Lawyer

The philosophical ruminations of an experienced trial lawyer who knows who he is and what he does and makes no apologies.

http://www.greedytriallawyer.com/
  • Sep 22

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  • Oct 3

    Justice Clarence Thomas, Seething Black Conservative Hero Tells Us How Bad It Has Been

    Justice Clarence Thomas, Seething Black Conservative Hero Tells Us How Bad It Has Been
    There have been more than a few voices expressing, in various ways, discomfort, surprise or puzzlement over the tone and substance of the Clarence Thomas media blitz publicizing the Justice's newly published book. A good example: Is…
  • Oct 2

    Now Isiah Thomas Is In A Hostile Environment

    Now Isiah Thomas Is In A Hostile Environment
    Some years ago I had the delightful experience of a jury note after 2 days of deliberation which asked the judge, "Do we fill out the amount of the damages if we agree the doctor was at fault?" Obviously, the doctor and his defense attorney…
Rank this Week: 723

DRI Today

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx
Rank this Week: 797

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
  • Oct 20

    October Case Law Pop Quiz Answers! - eDiscovery Case Law

    October Case Law Pop Quiz Answers! - eDiscovery Case Law
    Yesterday, we gave you a pop quiz for the eDiscovery case law that we’ve covered since the beginning of August. If you’re reading the blog each day, these questions should be easy! Let's see how you did. Here are the…
  • Oct 19

    October Case Law Pop Quiz! - eDiscovery Case Law

    October Case Law Pop Quiz! - eDiscovery Case Law
    We enjoyed the eDiscovery case law pop quiz that we did back in August so much, that we decided it’s time for another one – this one is customized to the case law that we’ve covered since the beginning of August. If…
  • Oct 16

    Battle Continues between Attorneys and Client over Attorneys’ Failure to Review Documents - eDiscovery Case Law

    Battle Continues between Attorneys and Client over Attorneys’ Failure to Review Documents - eDiscovery Case Law
    In Price Waicukauski & Riley v. Murray, Indiana District Judge William T. Lawrence granted the plaintiff’s request for summary judgment for failure to pay attorney’s fees of over $125,000, and refused to issue summary judgment…
Rank this Week: 865