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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Jun 24

    Petition of the day

    Petition of the day
    The petition of the day is: Cyan, Inc. v. Beaver County Employees Retirement Fund 15-1439 Issue: Whether state courts lack subject matter jurisdiction over covered class actions that allege only Securities Act of 1933 claim
  • Jun 24

    Symposium: Moving forward from Fisher II

    Symposium: Moving forward from Fisher II
    John Paul Schnapper-Casteras is Special Counsel for Appellate and Supreme Court Advocacy at the NAACP Legal Defense and Educational Fund in Washington, D.C. He participated in an amicus brief on behalf of the Black Student Alliance at the…
  • Jun 24

    Symposium: The beneficial purposes of race

    Symposium: The beneficial purposes of race
    Elise C. Boddie is Professor of Law at Rutgers Law. The second installment of Fisher v. University of Texas at Austin is a sound win for diversity and Grutter v. Bollinger’s legacy. It also may have quietly pushed the frontiers of the…
Rank this Week: 10

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 24

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
Rank this Week: 26

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: 33

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 53

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/
  • Jun 20

    ACI’s 26th National Conference on Consumer Finance Class Actions & Litigation, July 28-29

    ACI’s 26th National Conference on Consumer Finance Class Actions & Litigation, July 28-29
    ACI’s 26th National Conference on Consumer Finance Class Actions & Litigation July 28-29, 2016 The Omni Chicago Hotel Chicago, IL http://www.americanconference.com/2016/681/consumer-finance-class-actions–litigation Consumer…
  • Feb 9

    A Noteworthy Event – March 17-18, 2016

    A Noteworthy Event – March 17-18, 2016
    Retail data breaches continue to evolve and bring new litigation and trends in the Data Breach and Privacy Litigation context. Business to business claims, vendor lawsuits, litigation between issuing banks and retailers post-breach, the…
  • Jan 29

    Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court

    Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court
    Robertson v Exxon Mobil Corp., 2015 WL 9592499 (5th Cir. Dec. 31, 2015). In a personal injury and a property damage action, the Fifth Circuit reversed the district court’s order remanding the action finding that the defendants had by…
Rank this Week: 64

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Jun 22

    June Miss. Jury Verdict Reporter Preview

    June Miss. Jury Verdict Reporter Preview
    Here is a preview of the June 2016 issue of the Miss. Jury Verdict Reporter: $31,095,000 verdict- Rankin County car wreck case (5/17/16); $6,228,000 verdict- Harrison County eminent domain case (5/20/16); $100,000 settlement- Lafayette County…
  • Jun 21

    Is Trump in it to Win it?

    Is Trump in it to Win it?
    This morning Electoral Vote.com mentioned a question that has been on my mind for a few days: is Donald Trump trying to lose? Let’s look at some of Trump’s bizarre moves lately: calling Bernie Sanders crazy as a bedbug; calling…
  • Jun 20

    It’s Tough Out There for Lawyer

    It’s Tough Out There for Lawyer
    The bad news keeps pouring in for lawyers with these latest headlines: Equitized: A look at BigLaw’s Second-class Citizens  (Law360) Law Firms discourage lateral departures with bonus clawbacks and other financial penalties …
Rank this Week: 68

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: 78

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Jun 7

    The Details Of Judge Curiel’s Trump University Order

    The Details Of Judge Curiel’s Trump University Order
    Popehat already explained in general why there’s nothing unusual about Judge Curiel’s rulings in the Trump University case, i.e., that denying summary judgment is the norm. Nonetheless, Kevin Drum recently mused:   I think we…
  • May 30

    Towards A Unified Theory Of Aging And Cancer

    Towards A Unified Theory Of Aging And Cancer
    In my work, I spend a lot of time thinking about cancer. In toxic exposure and pharmaceutical lawsuits, I have to prove, with a bevy of experts, that a given chemical or drug is capable of causing cancer. In medical malpractice cases…
  • May 26

    Hulk Hogan v Gawker Legal FAQ – In Their Lawyers’ Word

    Hulk Hogan v Gawker Legal FAQ – In Their Lawyers’ Word
    In 1787, “Cincinnatus,” a common nom de plume of anti-federalists, wrote to James Wilson: It is an easy step from restraining the press to making it place the worst actions of government in so favorable a light, that we may groan…
Rank this Week: 113

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: 119

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/
  • Jun 19

    Your Asset Search & Trade-Based Money Laundering

    Your Asset Search & Trade-Based Money Laundering
    If your adversary is using a business entity to conceal assets from you, one thing to look for is trade-based money laundering. A June 2006 report by the Financial Action Task Force explains that trade-based laundering schemes can…
  • Jun 7

    Your Search For Assets Hidden Offshore

    Your Search For Assets Hidden Offshore
    When naming offshore havens for opening secret bank accounts, people usually mention Switzerland, the Cayman Islands, Liechtenstein, etc.  Meanwhile, bank accounts in almost any country can be put to work to hide & place assets…
  • May 31

    Divorce & Hidden Money: Revisiting Asset Searches By Letters Rogatory

    Divorce & Hidden Money: Revisiting Asset Searches By Letters Rogatory
    A letter rogatory is an application to a foreign tribunal. It seeks permission to serve process on or gather evidence from a foreign witness. If you are in a divorce in the United States, letters rogatory can usually help you collect evidence…
Rank this Week: 152

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: 176

Ringler Radio - Legal Settlements

Ringler Radio - Legal Settlements

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

http://legaltalknetwork.com/podcasts/ringler-radio
  • Jun 6

    NFL Settlement of Concussion Lawsuits: Part One

    NFL Settlement of Concussion Lawsuits: Part One
    Hear what the estimated 1 billion settlement of a class action lawsuit between the NFL and retired NFL players means for the long-term impact of brain trauma they suffered from during their career. Ringler Radio, host Larry Cohen gets and…
  • May 15

    An Update on Structured Settlement Legislation

    An Update on Structured Settlement Legislation
    There has been major legislative movement making improvements to the Structured Settlement Protection Act across the states, most recently in Florida, Virginia and Wisconsin.  Now, progress is being made to ensure that injured parties…
  • Apr 25

    The Johnson & Johnson Talcum Powder Verdict

    The Johnson & Johnson Talcum Powder Verdict
    A jury in City of St. Louis Circuit Court found Johnson & Johnson liable for injuries resulting from the use of its talc-containing products such as Johnson’s Baby Powder and Shower to Shower body powder for feminine hygiene. On…
Rank this Week: 195

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Feb 1

    Executors Should Beware Of Serious Pitfall

    Executors Should Beware Of Serious Pitfall
    Today’s Wall Street Journal contains a worthwhile but cautionary article about the pitfalls that can face even the most well-meaning executor. As you will see, a lot of the decisions an executor must make need to be made…
  • Jan 31

    David Bowie’s Will Filed In Manhattan Surrogate’s Court — His Estate Valued At 100 Million Dollar

    David Bowie’s Will Filed In Manhattan Surrogate’s Court — His Estate Valued At 100 Million Dollar
    The Will of David Robert Jones was filed earlier this month in New York County Surrogate’s Court giving the value of his estate at 100 million dollars. Not familiar with David Robert Jones? As the New York Times reported, He was far…
  • Jul 20

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate
    Prior to the commencement of a probate proceeding or an administration proceeding, the attorney for the estate will normally send a waiver consenting to the admission of the will to probate or to the appointment of an administrator to all…
Rank this Week: 197

Southern California Appellate News

Southern California Appellate News

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

http://socal-appellate.blogspot.com/
  • Jun 24

    Ninth Circuit Judicial Conference to Convene in Montana

    Ninth Circuit Judicial Conference to Convene in Montana
    The 2016 Ninth Circuit Judicial Conference will be held July 11-14, 2016, in Big Sky, Montana.The conference is authorized by law “for the purpose of considering the business of the courts and advising means of improving…
  • Jun 24

    Cal. Supreme Court Launches Temporary Webcast Archive

    Cal. Supreme Court Launches Temporary Webcast Archive
    Supreme Court Launches Temporary Webcast Archive (Jun 24, 2016) The Supreme Court of California has launched a temporary oral argument webcast archive on its section of the California Courts Newsroom. The archive contains captioned video or…
  • Jun 21

    Speaking of the 5th DCA...

    Speaking of the 5th DCA...
    We previously reported that the 5th DCA would be live streaming oral arguments "soon." We now know that "soon" means .... June 29!The Court of Appeal, Fifth Appellate District will start live streaming of oral arguments effective June…
Rank this Week: 209

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
Rank this Week: 199

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 230

Civil Procedure & Federal Courts…

Civil Procedure & Federal Courts Blog

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

http://lawprofessors.typepad.com/civpro/
  • Jun 22

    Judge Pro on Federal Magistrate Judge

    Judge Pro on Federal Magistrate Judge
    Judge Philip M. Pro (United States District Court for the District of Nevada) has posted on SSRN his article United States Magistrate Judges: Present but Unaccounted For, forthcoming in the Nevada Law Journal. Abstract: The relationship…
  • Jun 21

    Jacobs on Transient Jurisdiction: If Corporations Are People, Why Can't They Play Tag?

    Jacobs on Transient Jurisdiction: If Corporations Are People, Why Can't They Play Tag?
    Cody Jacobs (Freedman Fellow, Temple University Beasley School of Law) has published in New Mexico Law Review his article, If Corporations Are People, Why Can't They Play Tag? Abstract: The Supreme Court’s decision in Burnham v. Superior…
  • Jun 21

    Clermont on the Last-in-Time Judgment Rule

    Clermont on the Last-in-Time Judgment Rule
    Professor Kevin M. Clermont (Cornell) has posted to SSRN his article, Limiting the Last-in-Time Judgment Rule. Abstract: A troublesome problem arises when there are two binding but inconsistent judgments: Say the plaintiff loses on a claim…
Rank this Week: 242

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: 244

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Jun 10

    Three-Inch Step From Store to Sidewalk Not a Dangerous Condition

    Three-Inch Step From Store to Sidewalk Not a Dangerous Condition
    In Mooney v. Genuine Parts Co. d/b/a National Automotive Association, Inc., No., W2015-02080-COA-R3-CV (Tenn. Ct. App. May 11, 2016), the Tennessee Court of Appeals affirmed summary judgment for defendant retail store in a premises liability…
  • Jun 6

    Proof of Actual Malice in False Light Case

    Proof of Actual Malice in False Light Case
    A recent Court of Appeals case serves as a reminder of the difficulty of proving actual malice in a false light claim made by a public official. In Eisenstein v. WTVF-TV, No. M2015-00422-COA-R3-CV (Tenn. Ct. App. May 3, 2016), plaintiff was a…
  • Jun 3

    No Reasonable Reliance in Money Washing Scheme

    No Reasonable Reliance in Money Washing Scheme
    In a 40-plus page opinion that reads like a prince-handing-out-gold email scam, the Tennessee Supreme Court affirmed a trial court’s judgment that a plaintiff had not proven intentional misrepresentation because his reliance on the…
Rank this Week: 264

Beyond Structured Settlements

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/
  • May 18

    S2P2J Release 59

    S2P2J Release 59
    Despite historically low interest rates and negative PR (most recently this Washington Post Editorial) resulting from the unconscionable business practices of some secondary market companies, the primary structured settlement market continues…
  • Apr 16

    NSSTA 2016 Annual Conference

    NSSTA 2016 Annual Conference
    Len Blonder is a structured settlement pioneer now beginning an unprecedented third term as President of the National Structured Settlement Trade Association (NSSTA). It may seem counterintuitive, therefore, or perhaps wishful thinking, but…
  • Apr 4

    Patrick Williams Interview

    Patrick Williams Interview
    As the National Structured Settlement Trade Association (NSSTA) prepares for its 2016 Annual Meeting this week in Palm Beach Gardens, Florida, the primary structured settlement market faces many challenges - perhaps none greater than…
Rank this Week: 271

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: 275

The California Blog of Appeal

The California Blog of Appeal

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

http://www.calblogofappeal.com
  • Apr 14

    The 2015 edition of the California Litigation Review is Out

    The 2015 edition of the California Litigation Review is Out
    The 2015 edition of the California Litigation Review hit my mailbox yesterday. It is published by the Litigation Section of the California State Bar and it has some terrific coverage of appeals and writs developments last year . . . and…
  • Apr 13

    Will a death penalty initiative make it easier to obtain Supreme Court review of your civil case?

    Will a death penalty initiative make it easier to obtain Supreme Court review of your civil case?
    Death penalty cases can be automatically appealed to the Supreme Court, but a mere civil litigant has to ask the supreme court — convince it, really — to review its case. The odds are terrible; only about 1 in…
  • Mar 31

    Insight into the Supreme Court’s decisions on whether to hear case

    Insight into the Supreme Court’s decisions on whether to hear case
    The Los Angeles Times has a story today on Justice Goodwin Liu, or, more particularly, on how his two recent lengthy dissents from orders denying review give some insight into what the court’s reasoning was. Usually, an order…
Rank this Week: 323

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: 317

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: 355

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Jun 24

    Industrial Psychologists and Workplace Injury

    Industrial Psychologists and Workplace Injury
    Bob Rose and Robyn Porterfield Workplace injury is a serious problem with many costs including the cost of well-being and even loss or life. The causes and prevention of injury is a complex issue with many factors including adequately…
  • Jun 17

    Pathologist Expert Witness Testimony Partially Allowed

    Pathologist Expert Witness Testimony Partially Allowed
    Plaintiff hired pathology expert witness to opine on pain and suffering in a products liability case.  Defendant filed a motion to exclude the testimony.  The court granted in the motion in part and denied the motion in part.…
  • Jun 15

    Biomedical Engineering Expert Witness Testimony Not Allowed

    Biomedical Engineering Expert Witness Testimony Not Allowed
    Plaintiff sued Defendant related to unfair and deceptive business practices related to exercise equipment.  The defendant filed a motion to exclude the testimony of the plaintiff’s biomedical engineering expert witness.  The…
Rank this Week: 368

Texas Causes of Action Blawg

Texas Causes of Action Blawg

Features caselaw updates and cites on causes of actions and affirmative defenses culled from Texas appeals court opinions. By Wolfgang Demino.

http://causeofactionelements.blogspot.com/
  • Mar 2

    Laches explained (equitable remedy)

    Laches explained (equitable remedy)
    WHAT IS LACHES AND WHEN CAN IT BE INVOKED? "[L]aches is an equitable remedy that prevents a plaintiff from asserting a claim due to a lapse of time."Bluebonnet Sav. Bank, F.S.B. v. Grayridge Apartment Homes, Inc., 907 S.W.2d 904,…
  • Feb 4

    Right to an offset is an affirmative defense

    Right to an offset is an affirmative defense
      RIGHT TO OFFSET: WHO HAS BURDEN TO PLEAD AND PROVE IT? The right to an offset is an affirmative defense, and the burden of pleading offset and of proving facts necessary to support it are on the party making the…
  • Sep 22

    OAG v Weatherspoon (Tex 2015) Texas Supreme Court keeps whittling away at Whistleblower protection

    OAG v Weatherspoon (Tex 2015) Texas Supreme Court keeps whittling away at Whistleblower protection
    Supreme Court Justices continue to dismantle the Texas Whistleblower Act  Comment on Office of the Attorney General v Ginger Weatherspoon, No. 14-0582 (Tex. Sep. 18, 2015)  Here we go again. In an opinion handed down last…
Rank this Week: 417

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: 403

Juries

Juries

Discusses jury-related issues.

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

    The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury

    The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury
    Renee Lettow Lerner The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury Abstract: Many Americans insisted on their traditional rights as Englishmen in the conflict with Britain before and after declaring independence.…
  • Jun 16

    The Eighth Amendment's Lost Jurors: Death Qualification and Evolving Standards of Decency

    The Eighth Amendment's Lost Jurors: Death Qualification and Evolving Standards of Decency
    Aliza Plener Cover Abstract: The Supreme Court’s inquiry into the constitutionality of the death penalty has overlooked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are…
  • Jun 13

    SCT to Allow Judges to Recall Jurors (Dietz v. Bouldin)

    SCT to Allow Judges to Recall Jurors (Dietz v. Bouldin)
    In Dietz v. Bouldin, the SCT in a 6-2 opinion held that "[a] federal district court has a limited inherent power to rescind a jury discharge order and recall a jury in a civil case for further deliberations after identifying...
Rank this Week: 527

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: 538

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: 503

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/
  • Jun 23

    See It Through the Jury's Eyes: A Trial Consultant Does Jury Duty

    See It Through the Jury's Eyes: A Trial Consultant Does Jury Duty
    Interview of Dr. Shelley Spiecker (by Dr. Ken Broda-Bahm): My colleague, Dr. Shelley Spiecker, is one of the sharpest and most experienced trial consultants in the country. So, it was with some surprise that she recently found herself on a…
  • Jun 20

    Ask Questions to Gain Trust

    Ask Questions to Gain Trust
    By Dr. Ken Broda-Bahm: When you first meet someone, the process of coming to like and trust them is a delicate one. The received wisdom in communication is that this first-impression determination of trust is based mostly on nonverbal…
  • Jun 16

    Make Concentration Contagiou

    Make Concentration Contagiou
    By Dr. Ken Broda-Bahm: Modern life and communications tend to put up quite a few barriers to concentration. It's easy to be distracted. Let’s say you are putting together an important memo when some other alternate possibilities creep into…
Rank this Week: 624

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: 598

DRI Today

DRI Today

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

http://forthedefense.org/Default.aspx
  • Jun 16

    Insured’s False Statements Lead to No Coverage

    Insured’s False Statements Lead to No Coverage
    An insurer does not have to provide coverage when the insured’s business operation and use of the premises was not in accordance with that listed on the insurance application. In Nationwide Mutual Fire Insurance Co. v. Almco Ltd., a…
  • Jun 6

    Selecting Client

    Selecting Client
    I am not above revisiting a topic.  It can be like jury work where you need to tell them three times and then show them the visual of the same.  So, I say again you should be selecting which clients you will represent with conscious…
  • Apr 15

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated
    The California Court of Appeal for the Fourth District recently held in Underwriters of Interest Subscribing Policy Number A15274001 v. ProBuilders Specialty Insurance Company that the statute of limitation on the insurer’s equitable…
Rank this Week: 709

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: 747

The Trial Warrior Blog

The Trial Warrior Blog

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

http://thetrialwarrior.com/
  • Dec 8

    Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction

    Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction
    If you’re an Ontario litigator and thought suing your client for fees in Small Claims Court based upon a written retainer agreement was an option, then take a read of Justice Nordheimer’s decision in Jane Conte Professional…
  • Dec 8

    Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction

    Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction
    If you’re an Ontario litigator and thought suing your client for fees in Small Claims Court based upon a written retainer agreement was an option, then take a read of Justice Nordheimer’s decision in Jane Conte Professional…
  • Jan 29

    So Long, Farewell

    So Long, Farewell
    Following my initial reaction, I have had some more time to reflect on the recent decisions of the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 and  Bruno Appliance and Furniture,…
Rank this Week: 725

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: 696

Hawaii Attorney Blog

Hawaii Attorney Blog

Covers Hawaii civil procedure and trial practice, commercial litigation, hawaii real estate litigation, mediation and arbitration, and personal injury. By Philip Brown.

http://legalblog.hawaii-attorney.net/
  • Dec 12

    Philip R. Brown Named One of Hawaii’s Best Lawyers in Honolulu Magazine

    Philip R. Brown Named One of Hawaii’s Best Lawyers in Honolulu Magazine
    Philip R. Brown of the Law Offices of Philip R. Brown has once again been named to Honolulu Magazine’s Annual Best Lawyers in Hawaii.  This is the Fourth consecutive year that Mr. Brown has been listed among Hawaii’s best…
  • Dec 3

    Keep the North Shore Country Files Suit To Halt Expansion Of Turtle Bay Resort

    Keep the North Shore Country Files Suit To Halt Expansion Of Turtle Bay Resort
    On December 2, 2013, firm client Keep the North Shore Country (“KNSC”) filed a lawsuit asking the Circuit Court to require Turtle Bay Resort, LLC (“Turtle Bay”) to properly study the environmental impacts of its…
  • Nov 15

    Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney-Part 2

    Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney-Part 2
    As we wrote in our previous blog (found here), the procedure in U.S. District Court pro hac vice admission is different than in Hawaii State Court since, generally, the mainland attorney seeking pro hac vice admission is already admitted to a…
Rank this Week: 662

Legally Speaking Ohio

Legally Speaking Ohio

Provides commentary and analysis on cases going in front of the Supreme Court of Ohio. By Marianna Bettman.

http://www.legallyspeakingohio.com
Rank this Week: 917

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
  • Jun 24

    To Demur or Not to Demur?

    To Demur or Not to Demur?
    A demurrer can be an excellent tool to challenge the legal sufficiency of allegations in an opponent’s pleadings. In deciding whether to demur to a complaint, defense counsel should consider not only whether a demurrable defect appears…
  • Jun 22

    What to Tell Your Client When the Court Date’s Set

    What to Tell Your Client When the Court Date’s Set
    When a date is set for trial or a hearing at which your client needs to appear, don’t just pick up the phone—write your client a letter. This letter has two purposes: it informs your client of the date and it requests that he or…
  • Jun 20

    Using a Retirement Plan to Start a Busine

    Using a Retirement Plan to Start a Busine
    Ever wanted to start a business using a retirement plan? There’s a way to roll over plan benefits into a new business without paying taxes and penalties, but you have to be careful. Two recent cases illustrate how not to do it. In…
Rank this Week: 820

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 873

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Jun 21

    Primary Care Medicine: Responsibilities and Common Causes of Malpractice

    Primary Care Medicine: Responsibilities and Common Causes of Malpractice
    I love being a family doctor. That being said, even when I was doggedly studying the sciences in... Read More The post Primary Care Medicine: Responsibilities and Common Causes of Malpractice appeared first on The Expert Institute.
  • Jun 21

    Cross-Examining Expert Witnesses: Foundational Attack

    Cross-Examining Expert Witnesses: Foundational Attack
    When it comes to cross-examining the opposing expert witness at trial, keep in mind what the late Muhammad... Read More The post Cross-Examining Expert Witnesses: Foundational Attacks appeared first on The Expert Institute.
  • Jun 14

    Trump University Lawsuit: New Documents Depict Real Estate Course as a Scam

    Trump University Lawsuit: New Documents Depict Real Estate Course as a Scam
    Donald Trump’s controversial run as a presidential candidate has renewed public interest in the multiple lawsuits against the... Read More The post Trump University Lawsuit: New Documents Depict Real Estate Course as a Scam appeared…
Rank this Week: 787

The Florida Jury Selection Blog

The Florida Jury Selection Blog

Covers voir dire, cause challenges, juror concealment, non-verbal behavior, and peremptory challenges. By Robert W. Kelley.

http://www.juryblog.com
  • May 12

    “I don’t believe in the jury system”

    “I don’t believe in the jury system”
    During jury selection in a car accident case, a prospective juror told counsel she “didn’t believe in the jury system” because of an experience her brother had in a criminal case two years earlier. She said she thought she…
  • Apr 9

    Fundamental Error to Restrict Lawyer’s Questions During Voir Dire

    Fundamental Error to Restrict Lawyer’s Questions During Voir Dire
    A trial judge is Vero Beach was reversed last week for restricting defense counsel’s questions during jury selection. The defense lawyer in the case had been forced by the judge into going to trial without his client being…
  • Jan 30

    How to Save a Potentially Contaminated Jury Panel

    How to Save a Potentially Contaminated Jury Panel
    During jury selection in a civil trial a prospective juror stated in open court that he was familiar with one of the defendant’s expert medical witnesses. The juror said the expert had “kind of screwed-up my dad’s…
Rank this Week: 897

Expert Witness Guru's Blog

Expert Witness Guru's Blog

Covers rulings, news and marketing strategies for expert witnesses.

http://expertwitnessguru.com/blog/
  • Apr 20

    Fall protection expert witness helps car hauler survive summary judgment

    Fall protection expert witness helps car hauler survive summary judgment
    A fall protection expert witness recently came to the rescue of a car hauler suing a truck manufacturer for negligence and helped him survive summary judgment. Although the expert did not have any formal education on fall protection, the…
  • Feb 24

    Product design expert witness allowed to testify on “ultimate issue” of infringement

    Product design expert witness allowed to testify on “ultimate issue” of infringement
    In this patent infringement suit regarding the design of a particular inner garment (Branovations, Inc. v. Ontel Products Corp.) the Florida district court ruled that simplicity of technology may negate need for expert testimony, but does not…
  • Feb 23

    Prosecution for pedicure – infectious disease expert witness testifie

    Prosecution for pedicure – infectious disease expert witness testifie
    An infectious disease expert witness was recently called on board in Hoff v. Steiner Transocean, Ltd. to testify about the source of infection on the Plaintiff’s feet, which, Plaintiff asserted, was caused by a pedicure he had on a…
Rank this Week: 801

Austin Personal Injury Blog

Austin Personal Injury Blog

Litigation and injury news, cases and commentary. By Perlmutter & Schuelke, LLP.

http://www.civtrial.com/blog/
  • Jun 12

    Do Personal Injury Lawyers Make A Difference?

    Do Personal Injury Lawyers Make A Difference?
    One of my favorite things is disbursements — giving clients their checks from settlements or judgments. Today, I’m making disbursements in a settlement of a car wreck case, and the case is an example of how personal injury lawyers can…
  • Jun 12

    Eagle Ford Shale and Trucking Accident

    Eagle Ford Shale and Trucking Accident
    The past two weekends, I’ve had to make working trips to the Texas coast (and I didn’t even see the beach on either trip).  The one thing that struck me on the drives was the increase in traffic, especially trucking traffic.
  • Jun 11

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie
    Austin’s annual Republic of Texas (ROT) Rally has come and gone, and again we’ve had too many motorcycle fatalities.   This year, three motorcyclists were killed during the weekend. In the first incident, a rider crashed into a…
Rank this Week: 788