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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Jan 18

    Argument analysis: Six-justice court sympathetic to government in detainee case

    Argument analysis: Six-justice court sympathetic to government in detainee case
    When Acting Solicitor General Ian Gershengorn took the lectern today in Ziglar v. Abbasi, he attempted to paint a portrait of déjà vu all over again. The three consolidated cases before the Supreme Court today were brought by a…
  • Jan 18

    Argument analysis: Is the statutory phrase “crime of violence” in the immigration laws void for vagueness?

    Argument analysis: Is the statutory phrase “crime of violence” in the immigration laws void for vagueness?
    Yesterday, the Supreme Court heard oral argument in Lynch v. Dimaya, a criminal-removal case. The court has taken up several of these in recent years, including Esquivel-Quintana v. Lynch, which the justices will hear next month. Unlike some…
  • Jan 18

    Argument transcript

    Argument transcript
    The transcript in Lee v. Tam is here; the transcript in Ziglar v. Abbasi is here. The post Argument transcripts appeared first on SCOTUSblog.
Rank this Week: 10

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
  • Jan 17

    Programming note

    Programming note
    Programming note: The 2017 Appellate Judges Education Institute Summit will take place in Long Beach, California in November 2017. And tomorrow evening and Thursday morning, the AJEI's Education Committee will meet in Long Beach to plan the…
  • Jan 17

    "Liberal U.S. justices hit debt collector's business practices"

    "Liberal U.S. justices hit debt collector's business practices"
    "Liberal U.S. justices hit debt collector's business practices": Lawrence Hurley of Reuters has this report. You can access at this link the transcript of today's U.S. Supreme Court oral argument in Midland Funding, LLC v. Johnson, No.…
  • Jan 17

    "Did U.S. Supreme Court just boost hopes for N.J. sports betting?"

    "Did U.S. Supreme Court just boost hopes for N.J. sports betting?"
    "Did U.S. Supreme Court just boost hopes for N.J. sports betting?" Brent Johnson of NJ.com has this report. Andrew Chung of Reuters reports that "U.S. top court asks Trump team for New Jersey sports betting views." And David Porter of The…
Rank this Week: 20

Information Governance Engagement…

Information Governance Engagement Area

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

http://infogovernance.blogspot.com/
  • Apr 1

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com
    Effective April 1, 2015, the Information Governance Engagement Area blog will no longer be updated on a regular basis.  New content ranging from news and events to opinions and assertions will now be available exclusively on the…
  • Mar 31

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix
    By John MartinDocuments in file shares, content management systems, and scanned archives are often described as “unstructured.” However, there is typically a high level of structure in and interconnectedness among those documents.…
  • Mar 30

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR
    By John TredennickTechnology assisted review has a transparency problem. Notwithstanding TAR’s proven savings in both time and review costs, many attorneys hesitate to use it because courts require “transparency” in the TAR…
Rank this Week: 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
  • Jan 17

    “And as the fog gets clearer…“ – May on Brexit

    “And as the fog gets clearer…“ – May on Brexit
    In her long-awaited speech on what Brexit actually means for the future application of the acquis communautaire in the United Kingdom, British Prime Minister Theresa May, on 17 January, 2017, stressed that the objective of legal certainty is…
  • Jan 11

    The Book: Corporate Entities at the Market and European Dimension

    The Book: Corporate Entities at the Market and European Dimension
    This book is a collection of papers presented at the 24th traditional conference Corporate Entities at the Market and European Dimensions. The conference was organized on 19-21 May 2016 in Portoroz, Slovenija, by the Institute for Commercial…
  • Jan 9

    Brexit Means Brexit, But What Does Brexit Mean? Seminar Serie

    Brexit Means Brexit, But What Does Brexit Mean? Seminar Serie
    The Centre of European Law at King’s College London is running a series of seminars on the meaning of Brexit and its potential impact on different areas of law. It considers the options for the new legal regime between the UK and…
Rank this Week: 34

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Nov 14

    “A Question of Exceptional Importance”

    “A Question of Exceptional Importance”
    Update (November 14, 2014): Since my earlier post on Bruce Carneil Webster’s case, below (the death penalty case in which Dorsey & Whitney lawyers are fighting for Webster, a mentally retarded man on death row), Webster lost the…
  • Nov 13

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.
    Update (November 13, 2014): This endless case might be nearing its end, with the Minnesota Court of Appeals’ dramatic reduction in the trial court’s award of the victorious Plaintiff’s lawyers’ fees. We conclude…
  • Nov 12

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)
    Update (November 12, 2014): It seems with each filing (as described below) the news gets worse for defendant U.S. Sugar Company in this case, which appears to be about the defendant’s misfortune of buying sugar at historic high prices…
Rank this Week: 63

Class Action Fairness Act Blog

Class Action Fairness Act Blog

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

http://www.cafalawblog.com/
Rank this Week: 67

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
  • Jan 5

    Judge cuts $1B award against Johnson & Johnson; plaintiffs hire Ken Starr for appeal

    Judge cuts $1B award against Johnson & Johnson; plaintiffs hire Ken Starr for appeal
    Texas Lawyer reports that a Dallas federal judge has cut last month's $1.04 billion punitive damages award against Johnson & Johnson down to $540 million.  That ruling was expected, as we noted in our prior post about this…
  • Jan 5

    Ohio jury awards $10.5 million in punitive damages against DuPont

    Ohio jury awards $10.5 million in punitive damages against DuPont
    Reuters is reporting that a jury in Ohio has awarded $2 million in compensatory damages and $10.5 million in punitive damages to a man who claimed he developed testicular cancer from exposure to a chemical that leaked from a DuPont…
  • Dec 20

    Are punitive damages available under the ADEA?

    Are punitive damages available under the ADEA?
    The EEOC believes that the the Age Discrimination in Employment Act authorizes punitive damages.  (See Enforcement Guidance on Retaliation and Related Issues.)  Courts often find the EEOC's interpretations of federal employment laws…
Rank this Week: 78

Asset Search Blog

Asset Search Blog

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

http://www.assetsearchblog.com/
  • Aug 21

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.
    The August 5th Bloomberg article “This Company Has Built a Profile on Every American Adult,” brings up IDI,Inc. The article suggests that IDI has built a profile about you on its idiCore database. Private…
  • Jul 25

    Divorce & Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset

    Divorce & Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset
    Plastic surgeon Michael D. Brandner & business owner Goderick Augustus Benjamin were accused of committing federal crimes & hiding assets from their wives. Like Dr. Brandner & Mr. Benjamin, Steven Zinnel was a divorcing…
  • Jul 4

    A Laundry List For An Asset Search

    A Laundry List For An Asset Search
    Governmental authorities follow money trails in order to interdict assets hidden by narco-traffickers; money launderers; Ponzi schemers; tax fraudsters & other determined criminals. During your asset search, you can similarly follow…
Rank this Week: 119

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: 126

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 165

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Jan 12

    Donald Trump And Honest Services Fraud

    Donald Trump And Honest Services Fraud
    LBJ gave up his radio stations. Jimmy Carter gave up his peanut farm. Untangling Donald Trump from his web of companies and interests is a bit more complicated.   Yesterday, a team of lawyers at Morgan Lewis released a “white…
  • Jan 3

    Chantix And The End Of Evidence-Based Pharmaceutical

    Chantix And The End Of Evidence-Based Pharmaceutical
    Last month, the FDA allowed Pfizer to change the warning label for Chantix — a drug prescribed for smoking cessation — so that it no longer has to have a prominent “black box” warning for psychiatric effects. Instead,…
  • Dec 1

    Younger People Are Actually More Supportive Of Democracy

    Younger People Are Actually More Supportive Of Democracy
    Have you seen this horrifying graphic? It’s from a New York Times story, “How Stable Are Democracies? ‘Warning Signs Are Flashing Red.’” The graphic suggests that people were asked whether it was…
Rank this Week: 170

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: 181

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Jan 18

    January Miss. Jury Verdict Reporter Preview

    January Miss. Jury Verdict Reporter Preview
    Here is a preview of the January 2017 issue of the Miss. Jury Verdict Reporter: $16.5 million settlement- Hattiesburg federal court civil rights case; three men wrongfully convicted of murder; served combined 83 years in prison (8/1/16);…
  • Jan 10

    Mississippi Judiciary Website Now Mobile Friendly

    Mississippi Judiciary Website Now Mobile Friendly
    The State of Mississippi Judiciary recently launched a redesigned website. The big difference is the new site is mobile friendly. It looks better on my phone than it does on my monitor. It’s very easy to access and read the hand down…
  • Jan 9

    Experts Say Tell Florida It’s 7.6% PERS Investment Return Assumption Is Too High

    Experts Say Tell Florida It’s 7.6% PERS Investment Return Assumption Is Too High
    The Orlando Sentinel reported last week on a report from the State’s actuarial consultant that stated that Florida’s PERS investment return assumption of 7.6% is too high. The actuaries recommended a 7% investment return…
Rank this Week: 265

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
  • Dec 19

    Corridors of Power: Constitutional Power and Architecture

    Corridors of Power: Constitutional Power and Architecture
    Delivered a short presentation today to the Friedrich Naumann Foundation for Freedom office in Colombo on ‘Corridors of Power’, an exhibition I curated with Channa Daswatta and Asanga Welikala that explores Sri Lanka’s…
  • Nov 30

    Fake news in Myanmar: Social Media verification workshop

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

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

    President, PM, Parliament, MFA, Cabinet, Central Bank & News.lk: Searching via Google
    Created a new Google custom search engine (after the reception to the first made yesterday) covering key government websites. Access it here. The search engine indexes everything on: President’s Media Division –…
Rank this Week: 305

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: 321

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: 311

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
Rank this Week: 376

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: 367

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Jan 17

    The Expert Institute Named Best Expert Witness Provider by National Law Journal, Texas Lawyer, and Legal Time

    The Expert Institute Named Best Expert Witness Provider by National Law Journal, Texas Lawyer, and Legal Time
    The Expert Institute continues to win accolades across the country as the premier expert witness provider from leading... Read More The post The Expert Institute Named Best Expert Witness Provider by National Law Journal, Texas Lawyer, and…
  • Jan 17

    Philadelphia Court Upholds $13.7 Million Award in Ethicon Transvaginal Mesh Case

    Philadelphia Court Upholds $13.7 Million Award in Ethicon Transvaginal Mesh Case
    Originally published on Mass Tort Nexus Emphatically rejecting post-trial defense arguments, a Philadelphia Judge upheld a $13.7 million... Read More The post Philadelphia Court Upholds $13.7 Million Award in Ethicon Transvaginal Mesh Case…
  • Jan 17

    Best Practices for Communicating with Your Expert Witne

    Best Practices for Communicating with Your Expert Witne
    Oftentimes, expert witness testimony can make or break a case. But even after the researching and vetting stage... Read More The post Best Practices for Communicating with Your Expert Witness appeared first on The Expert Institute.
Rank this Week: 432

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Jan 18

    Proving Damages in a Conversion Case

    Proving Damages in a Conversion Case
    In Hamilton v. Holderman, No. M2015-02302-COA-R3-CV (Tenn. Ct. App. Oct. 27, 2015), the Tennessee Court of Appeals affirmed a damages award in a conversion case. In the underlying dispute, plaintiffs had rented a furnished house and barn to…
  • Jan 16

    Pro Se Plaintiff Allowed to Proceed with Part of Claim Against Chiropractor

    Pro Se Plaintiff Allowed to Proceed with Part of Claim Against Chiropractor
    In Lacy v. Mitchell, No. M2016-00677-COA-R3-CV (Tenn. Ct. App. Nov. 30, 2016), the trial court dismissed plaintiff’s case, finding that her claim fell under the Health Care Liability Act and that she uncontestedly failed to follow the…
  • Jan 15

    Employer Had No Duty to Prevent Employee From Leaving Store in His Own Car

    Employer Had No Duty to Prevent Employee From Leaving Store in His Own Car
    In Thompson v. Best Buy Stores, L.P., No. E2015-02304-COA-R3-CV (Tenn. Ct. App. Nov. 28, 2016), the Tennessee Court of Appeals affirmed a ruling that an employer had no duty to prevent an employee from leaving the premises in his own car.…
Rank this Week: 457

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Jan 13

    Aerial Photography Expert Witness Allowed

    Aerial Photography Expert Witness Allowed
    Plaintiff sued defendant for negligence involving an accident.  Plaintiff hired an aerial photography expert witness and defendant filed a motion to exclude the witness.  The court allowed the expert witness to testify. Facts:…
  • Jan 11

    Business Valuation Expert Testimony in Patent Case Allowed in Part

    Business Valuation Expert Testimony in Patent Case Allowed in Part
    Plaintiff filed a patent infringement claim against the defendant related to managing malware in their browser.  The plaintiff hired a business valuation expert to calculate damages.  The defendant filed a motion to exclude this…
  • Jan 9

    Orthopedic Surgery Expert Witness Testimony Partially Allowed

    Orthopedic Surgery Expert Witness Testimony Partially Allowed
    Plaintiff sued defendant for not providing adequate warning on their knee implant.  Plaintiff hired an orthopedic surgery expert to provide testimony and the defendant filed a motion to exclude. Facts:  This case (Goldin v. Zimmer,…
Rank this Week: 449

The Courtroom Insight Blog

The Courtroom Insight Blog

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

http://blog.courtroominsight.com/
  • Jan 10

    New Software Release Includes Unique Expert Witness Service

    New Software Release Includes Unique Expert Witness Service
    Courtroom Insight is pleased to announce a brand new service and significant new enhancements with the latest release of our knowledge management software. First, we are proud to offer a new expert witness information service that…
  • Dec 6

    People-Finding: Achieving One of KM’s Three “P”

    People-Finding: Achieving One of KM’s Three “P”
    Originally posted on ILTA KM: By Chris Boyd, Senior Director of Professional Services, Wilson Sonsini Goodrich & Rosati Our firm defines KM as “delivering more value to clients by putting the knowledge of all attorneys at the…
  • Nov 15

    Judge Gonzalo Curiel advises President-Elect Trump and Plaintiffs to settle case regarding Trump University

    Judge Gonzalo Curiel advises President-Elect Trump and Plaintiffs to settle case regarding Trump University
    Just two days after President-Elect Trump was voted into the Presidency, the judge presiding over the Trump University fraud case, urged both parties to work towards a settlement deal.  The case against Trump was brought by former…
Rank this Week: 468

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • May 26

    Judge: Still No to Obama Immigration Action

    Judge: Still No to Obama Immigration Action
    A federal judge in Texas early this week refuses to lift an injunction blocking the Obama administration’s immigration policy to defer deportations for illegal immigrants living in the United States. Andrew Hanen, a U.S. district judge,…
  • May 26

    Art Activists: New York City Halted Museum Protest Speech

    Art Activists: New York City Halted Museum Protest Speech
    Several art activists filed a federal suit against New York City and claimed their First Amendment rights were being violated during last year’s Metropolitan Museum of Art protest. The plaintiffs utilized mobile video projectors to show…
  • May 25

    Court of Appeals Allows Reprieve for Tobacco Firms on Package Message

    Court of Appeals Allows Reprieve for Tobacco Firms on Package Message
    The tobacco industry won’t have to include messages on their packaging indicating of them lying to American public, according to a federal court of appeals ruling in Washington, D.C. The federal court of appeals last week ruled that tobacco…
Rank this Week: 503

Delaware eDiscovery Report

Delaware eDiscovery Report

Covers eDiscovery case law, rules, and issues, such confidentiality, sanctions and spoliation. By Morris James LLP.

http://www.delawareediscovery.com/
  • Apr 8

    LegalTech New York 2015 Impression

    LegalTech New York 2015 Impression
    Legal Tech New York 2015 took place in early February and the Morris James eDiscovery team was lucky enough to attend for the third straight year.  The general impression is that the eDiscovery focus has continued to shift away from…
  • Apr 3

    Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 2

    Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 2
    The is the second in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014. The second case is 112359 Factor Fund, LLC and Five Nine Group, LLC v. Flux Carbon Starter Fund, LLC, Mary Carroll, Kevin…
  • Mar 31

    Morris James Launches Data Privacy and Information Governance Group

    Morris James Launches Data Privacy and Information Governance Group
    Morris James LLP has formed a Data Privacy and Information Governance Group. The Data Privacy and Information Governance Group is an interdisciplinary team of corporate and fiduciary duty attorneys, attorneys well-versed in electronic data…
Rank this Week: 507

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/
  • Jan 18

    Effron on Jurisdiction and the Defend Trade Secrets Act

    Effron on Jurisdiction and the Defend Trade Secrets Act
    I have posted my latest article, Trade Secrets, Extraterritoriality, and Jurisdiction to SSRN. Twenty years ago, Congress passed the Economic Espionage Act of 1996 which criminalized trade secret misappropriation and authorized broad domestic…
  • Jan 13

    SCOTUS Cert Grant on Judicial Review of MSPB Decision

    SCOTUS Cert Grant on Judicial Review of MSPB Decision
    Today the U.S. Supreme Court granted certiorari in Perry v. Merit Systems Protection Board, which presents the following question: The Merit Systems Protection Board (MSPB) is authorized to hear challenges by certain federal employees to…
  • Jan 13

    SCOTUS Cert Grant on General Jurisdiction & FELA

    SCOTUS Cert Grant on General Jurisdiction & FELA
    Today the U.S. Supreme Court granted certiorari in BNSF Railway Co. v. Tyrrell, which presents the following question: In Daimler AG v. Bauman, 134 S. Ct. 746 (2014), this Court held that the Due Process Clause forbids a state court...
Rank this Week: 543

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Dec 16

    Moving Parties Arguments May Not be First Made on Reply

    Moving Parties Arguments May Not be First Made on Reply
    Republic Techs. (NA), LLC v. BBK Tobacco & Foods, LLC d/b/a HBI Int’l., No. 16 C 3401, Slip Op. (N.D. Ill. Oct. 26, 2016) (Bucklo, J.). Judge Bucklo denied defendant’s (“HBI”) motion to transfer to the District of…
  • Dec 14

    Negotiated Litigation Reserve Not Protected Work Product

    Negotiated Litigation Reserve Not Protected Work Product
    Lynk Labs, Inc. v. Juno Lighting LLC, No. 15 C 4833, Slip Op. (N.D. Ill. Oct. 21, 2016) (Rowland, Mag. J.). Judge Rowland granted in part defendants’ motion for a protective order preventing production of their Equity Purchase Agreement…
  • Dec 12

    Discovery Mooted by Potential Summary Judgment Decision

    Discovery Mooted by Potential Summary Judgment Decision
    NuCap Indus., Inc. v. Robert Bosch LLC, NO. 15 C 2207, Slip Op. (N.D. Ill. Oct. 19, 2016) (Gottschall, J.). Judge Gottschall overruled plaintiff NuCap’s objections to Magistrate Judge Kim’s decision denying NuCap the right to…
Rank this Week: 614

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: 535

Trial Ad Notes

Trial Ad Notes

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

http://trialadnotes.blogspot.com/
  • Apr 13

    National Academies reports - Growth of Incarceration

    National Academies reports - Growth of Incarceration
    The Growth of Incarceration in the United States: Exploring Causes and Consequences (2014), packed with research and analysis from social scientists and policy experts, is available as a free PDF from the National Academies Press.This…
  • Apr 9

    Evidence-Based Practice in Criminal Defense

    Evidence-Based Practice in Criminal Defense
    This interesting paper was recently posted on SSRN:Jennifer E. Laurin, Gideon by the Numbers: The Emergence of Evidence-Based Practice in Indigent Defense,  Ohio State Journal of Criminal Law, Forthcoming 2015Abstract: A widespread…
  • Apr 3

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded
    Interesting case from New York: Joel Stashenko, Conviction Reversed as Expert Barred from Testifying, N.Y.L.J., April 3, 2015.The case is People v. McCullough, 11-01614 (N.Y. Sup. Ct., App. Div. March 27, 2015), link to court website
Rank this Week: 565

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Sep 2

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)
    SecondCircuitMap.png In mortgage fraud prosecution, government provided oral notice of its intent to introduce self-authenticating business records but failed to provide written notice as required under FRE 902(11); Second…
  • Sep 1

    Celebrating Labor Day

    Celebrating Labor Day
    Flags.JPG The Federal Evidence Blog returns on Tuesday, September 2, 2014. Enjoy the Labor Day holiday. Labor Day is celebrated on the first Monday in September. See 5 U.S.C. § 6103 (federal holidays).
  • Aug 29

    Bursting The Mailbox Rule Presumption

    Bursting The Mailbox Rule Presumption
    Mailbox.jpg Third Circuit considers the operation of the mailbox rule presumption under FRE 301 and the circumstances in which the presumption may be rebutted; circuit distinguishes between strong and weak presumptions;…
Rank this Week: 599

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: 570

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Jan 18

    The Court of Special Appeals Grants the State & Adnan Leave to Appeal

    The Court of Special Appeals Grants the State & Adnan Leave to Appeal
    Today, the Court of Special Appeals of Maryland issued an order that mainly did two things: (1) granted the State leave to appeal the portion of Judge Martin Welch's order granting Adnan Syed a new trial based upon his cell...
  • Jan 10

    The Allen Charge Project: Kansa

    The Allen Charge Project: Kansa
    The key Kansas case on the Allen Charge is State v. Salts, 200 P.3d 464 (Kan. 2009). In Salts, Alan Salts was charged with indecent liberties with a child. Before jury deliberations, the judge gave the jury the following instructions:...
  • Jan 6

    The Allen Charge Project: Iowa

    The Allen Charge Project: Iowa
    They key Iowa case on the Allen Charge is State v. Campbell, 294 N.W.2d 803 (Iowa 1980). In Campbell, Charles Campbell, Jr. was charged with operating a motor vehicle while under the influence of alcoholic beverage. After the jury had...
Rank this Week: 756

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/
  • Jan 18

    Goodwin Liu Makes Case for Liberal Dissent

    Goodwin Liu Makes Case for Liberal Dissent
    That's the title of an article in today's Recorder here, which begins:Goodwin Liu thinks it's OK to disagree with the U.S. Supreme Court—and he's not exactly shy about it.At a conference at University of California, Hastings Law School,…
  • Jan 18

    An arresting morning at SCOTUS yesterday

    An arresting morning at SCOTUS yesterday
    NLJ reports (w/a slide show): Supreme Court Protest Ends in 18 ArrestsEighteen protesters were arrested on the steps of the U.S. Supreme Court on Tuesday morning after displaying a large "STOP EXECUTIONS!" banner calling for an end to…
  • Jan 17

    Justice Liu studies Asian-Americans in the law

    Justice Liu studies Asian-Americans in the law
    The AP reports: Few Asian-Americans hold top legal jobs, new study says, referencing a study by Justice Liu. (Once a professor, always a professor?)When Goodwin Liu joined the seven-member California Supreme Court in 2011, he became its…
Rank this Week: 652

CEB blog

CEB blog

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

http://blog.ceb.com
  • Jan 18

    Chart: Compare Summary Judgment to Other Motion

    Chart: Compare Summary Judgment to Other Motion
    When considering whether to move for summary judgment or summary adjudication, always assess whether there are better procedures available for narrowing the issues or terminating the litigation. Keep the following chart handy to help you…
  • Jan 13

    Say It Early and Often

    Say It Early and Often
    The most important concept to remember in organizing your statements to the jury, whether during opening statement or closing argument, is the “rule of primacy”: Jurors tend to believe what they hear first and most frequently.…
  • Jan 11

    Watch Out for Probationary Employees Getting Implied Contract Right

    Watch Out for Probationary Employees Getting Implied Contract Right
    Employers often set up an “introductory” or “probationary” period for initial evaluation of new employees. There’s often a performance evaluation at the end of this period, and employers may believe they have…
Rank this Week: 650

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/
  • Jan 18

    Business Lobbying Goes Global

    Business Lobbying Goes Global
    Melissa J. Durkee, Astroturf Activism, 69 Stanford L. Rev. (forthcoming 2017), available at SSRN.Verity WinshipCitizens for Sensible Control of Acid Rain. Consumers for World Trade. The American Forest and Paper Association. The Turkish…
  • Jan 17

    Rethinking Remedie

    Rethinking Remedie
    Nicholas Bagley, Remedial Restraint in Administrative Law, Columbia Law Review (forthcoming 2017), available via SSRN.Kathryn WattsWe have all heard the saying that you “don’t need a sledgehammer to kill a gnat.” Yet, when…
  • Jan 16

    Jim Crow’s Unwritten Code

    Jim Crow’s Unwritten Code
    Stephen A. Berrey, The Jim Crow Routine: Everyday Performances of Race, Civil Rights, and Segregation in Mississippi (2015).Anders WalkerIn The Jim Crow Routine, historian Stephen Berrey brings fresh eyes to the intricate set of legal rules…
Rank this Week: 673

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 706

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/
  • Jan 16

    SSP President Responds to AIG Class Action Lawsuit

    SSP President Responds to AIG Class Action Lawsuit
    Based upon the history of the Society of Settlement Planners (SSP), and the role of Richard Risk (an SSP founder and member) as one of the plaintiff attorneys, structured settlement industry participants might assume that SSP, as an…
  • Oct 9

    NAMSAP 2016 Annual Conference

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

    S2P2J Release 60

    S2P2J Release 60
    The United States structured settlement market has been in existence for almost 40 years and continues to expand its scope, complexity and importance within the context of personal injury settlement planning. Since it was first published in…
Rank this Week: 655

New York Business Litigation…

New York Business Litigation Lawyer Blog

Covers litigation, foreclosures, and business law. By The Silber Law Firm LLC.

http://www.thesilberlawfirm.com/
  • Dec 30

    New Science Concerning Shaken Baby Syndrome Supports Defendant’s Motion to Vacate Conviction

    New Science Concerning Shaken Baby Syndrome Supports Defendant’s Motion to Vacate Conviction
    While we don’t have a criminal practice, this recently decided case is interesting in how science can change, impacting prior court decisions.  This same concept was found regarding fire science, in a prior posts found here and…
  • Nov 14

    Insurance Policy Does Not Cover Trademark Infringement

    Insurance Policy Does Not Cover Trademark Infringement
    A supplier was found liable for selling counterfeit Fendi handbags, and after two separate lawsuits was obligated to Fendi and a retailer to whom those fake bags were sold for substantial damages. In an attempt to avoid paying those damages,…
  • Jul 18

    Cybersquatting/Domain Name Dispute Requires Proof Even on Default

    Cybersquatting/Domain Name Dispute Requires Proof Even on Default
    This article nicely points out the folly of an insufficient showing of proof in a domain dispute proceeding, even if the respondent defaults.  And worse, the claimant gets one shot—if the claim is denied there is no…
Rank this Week: 636

e-Lessons Learned

e-Lessons Learned

Covers e-discovery issues by focusing on mistakes made by counsel, employers and employees.

http://ellblog.com
Rank this Week: 679

The Law of Evidence

The Law of Evidence

Discusses evidentiary rules, objection practices, and court rulings. By Jesse Langel.

http://jesselangelevidence.blogspot.com
  • Oct 17

    Relevance | Problem 2

    Relevance | Problem 2
    Plaintiff sues Defendant, an owner of a newspaper, for libel after releasing an article that accused Plaintiff of committing a string of robberies on New York City’s Upper East Side. To prove that Plaintiff committed those robberies,…
  • Jul 20

    Relevance | Problem 1

    Relevance | Problem 1
    In our last blog, we saw some basic definitions of relevance. Relevant evidence is evidence that tends to prove or disprove a material fact in the case. For this problem, we revisit the relevance of “character” evidence. In…
  • Jul 16

    Introduction to Relevance

    Introduction to Relevance
    Black’s Law Definition:“Relevant” evidence logically connects to — and tends to prove or disprove — a matter at issue. It has appreciable probative value. That is, it rationally tends to persuade of the…
Rank this Week: 709

Vegas Litigator Blog

Vegas Litigator Blog

Focuses on litigation and related issues of interest. By Donald C. Kudler.

http://vegaslitigator.com/blog
  • Aug 2

    One Good Change Deserves (Needs) Another

    One Good Change Deserves (Needs) Another
    In 2015, the Nevada Legislature raised Nevada Justice Courts’ Jurisdictional limit from $10,000.00 to $15,000.00 effective on January 1, 2017. This statute requires any cases filed until December 31, 2016 seeking damages up to…
  • Oct 30

    Las Vegas Car Accident Lawyer, Donald Kudler, is interviewed by Lawsuit Legal

    Las Vegas Car Accident Lawyer, Donald Kudler, is interviewed by Lawsuit Legal
    Las Vegas Car Accident Lawyer, Donald Kudler, was interviewed by Lawsuit Legal as part of their Power Lawyers series. Read Donald Kudler’s Lawsuit Legal interview by clicking here. [[ This is a content summary only. Visit my website for…
  • Apr 16

    Comparative Negligence in Nevada: Equal Fault Does Not Bar Recovery

    Comparative Negligence in Nevada: Equal Fault Does Not Bar Recovery
    I have a case where my client had backed out of parking space, stopped and started to proceed when another driver backed out and hit her car.  It is our position, of course, that the other driver is 100% at fault for the accident as our…
Rank this Week: 693

Blawgletter

Blawgletter

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

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

    Join The Contingency

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

    Blawgletter® Has Moved!

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

    DNA and Pricing Patents Fall to Mayo and Alice

    DNA and Pricing Patents Fall to Mayo and Alice
    Unpatentable subject matter A pair of Federal Circuit opinions last week rejected patents involving patent-ineligible subject matter. What does that include, you ask? As Blawgletter noted last year in "You Still Can't Patent Ideas":…
Rank this Week: 649

Litigation Consulting Report

Litigation Consulting Report

Covers trial presentation theory, trial graphics designs, trial technician recommendations and jury research methodologies. By A2L Consulting.

http://www.a2lc.com/blog/
  • Jan 17

    Three Top Trial Lawyers Tell Us Why Storytelling Is So Important

    Three Top Trial Lawyers Tell Us Why Storytelling Is So Important
    by Ken LopezFounder/CEOA2L Consulting
  • Jan 9

    How to Use Litigation Graphics in Antitrust Case

    How to Use Litigation Graphics in Antitrust Case
    by Tony KlapperManaging Director, Litigation ConsultingA2L Consulting At first glance, antitrust cases seem like unlikely venues for the successful use of litigation graphics. Antitrust law has the reputation for being arcane, abstract and…
  • Jan 3

    7 Habits of Great Trial Team

    7 Habits of Great Trial Team
    by Tony KlapperManaging Director, Litigation ConsultingA2L Consulting Ken Lopez, the CEO of A2L Consulting, and I were talking the other day about some good books to read for the holiday season.  I suggested a current best-seller,…
Rank this Week: 830

Litigation PostScript

Litigation PostScript

Provides information and practical tips on legal persuasion spanning pretrial and trial phases, for jury, bench and arbitration settings. By Persuasion Strategies.

http://www.litigationps.com/litigation_postscript_per/
  • Jan 16

    Don't Trust Power Pose

    Don't Trust Power Pose
    By Dr. Ken Broda-Bahm: If you would like more confidence, and if you've seen Amy Cuddy's widely-viewed TED talk, then maybe you've tried the "power pose." Legs apart, head straight and tall, hands on hips or arms raised above your…
  • Jan 12

    Be a Persuasive Expert, at Both the Core and the Periphery

    Be a Persuasive Expert, at Both the Core and the Periphery
    By Dr. Ken Broda-Bahm: In a research article now available The Jury Expert (Valez, Neal & Kovera, 2016), three experts in trial psychology provide an overview of the research on persuasion relating to expert witness testimony. For experts…
  • Jan 9

    Frame Your Arguments for Mediation

    Frame Your Arguments for Mediation
    By Dr. Ken Broda-Bahm: You're working your way through discovery. Your arguments and themes for trial are taking shape. By the time you're in front of the jury, you'll know what to say. But first there's a mediation. Now you need to refashion…
Rank this Week: 787

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Jan 15

    Costs Lawyer work

    Costs Lawyer work
    My annual Costs Lawyer Practising Application form needed to be completed before the end of 2016. As usual, this contained a section asking about the source of instructions during the previous year (solicitor, non-solicitor, legal aid,…
  • Jan 12

    Personal injury reforms challenged

    Personal injury reforms challenged
    Independent economists have criticised the government’s planned personal injury reforms on the basis the reforms would benefit insurers at the expense of consumers and taxpayers. The term “independent” is perhaps relative…
  • Jan 3

    Are additional liabilities subject to new proportionality test?

    Are additional liabilities subject to new proportionality test?
    The run up to Christmas brought us a number of interesting costs developments. A decision from Master Rowley in the Senior Courts Costs Office throws new confusion onto the issue of proportionality.  In King v Basildon & Thurrock…
Rank this Week: 994

Whistleblower Qui Tam Lawyer Blog

Whistleblower Qui Tam Lawyer Blog

Provides updates and commentary on whistleblower cases. By McCabe Rabin, P.A.

http://www.whistleblowerquitamlawyerblog.com/
  • Jan 3

    Billing for Medically Unnecessary Service

    Billing for Medically Unnecessary Service
     In the world of False Claims Act qui tam cases, the concept of medical necessity is a very big issue. This is because Medicare requires, as a condition of coverage, that services delivered to a patient be “reasonable and necessary…
  • Dec 19

    Feds Recover $4.7 Billion from False Claims Act Cases in 2016

    Feds Recover $4.7 Billion from False Claims Act Cases in 2016
      The Department of Justice recently announced its tally of total recoveries for 2016 under the False Claims Act.   The government recovered an astonishing $4.7 billion during this time. The DOJ press release shows the…
  • Dec 9

    Why are Qui Tam Cases Filed Under Seal?

    Why are Qui Tam Cases Filed Under Seal?
    Anyone reading this blog probably knows that we represent whistleblowers who file so-called “qui tam” cases under the False Claims Act.  The term “qui tam” is a Latin term derived from the longer and ancient legal…
Rank this Week: 1028