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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • May 26

    Petitions of the day

    Petitions of the day
    The petitions of the day are: National Institute of Family and Life Advocates v. Becerra 16-1140 Issue: Whether the free speech clause or the free exercise clause of the First Amendment prohibits California from compelling…
  • May 26

    Federal government files invitation brief

    Federal government files invitation brief
    In response to requests from the Supreme Court, Acting Solicitor General Jeffrey Wall this week filed 10 briefs expressing the views of the United States. The justices sometimes invite the federal government to weigh in when they are deciding…
  • May 26

    Legal scholarship highlight: Getting to know you – The unifying effects of membership stability

    Legal scholarship highlight: Getting to know you – The unifying effects of membership stability
    Rachael K. Hinkle is an Assistant Professor of Political Science at the University at Buffalo, SUNY. Morgan Hazelton is an Assistant Professor of Political Science and Law (by Courtesy) at St. Louis University. Michael J. Nelson is an…
Rank this Week: 10

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
  • May 26

    "Trump nominee called Kennedy 'judicial prostitute'"

    "Trump nominee called Kennedy 'judicial prostitute'"
    "Trump nominee called Kennedy 'judicial prostitute'": Seung Min Kim of Politico.com has an article that begins, "One of President Donald Trump's judicial nominees wrote nearly a decade ago that Justice Anthony Kennedy was akin to a 'judicial…
  • May 26

    "Will He or Won't He? How Justice Anthony Kennedy's retirement decision became a battle over the judiciary and the Trump presidency."

    "Will He or Won't He? How Justice Anthony Kennedy's retirement decision became a battle over the judiciary and the Trump presidency."
    "Will He or Won't He? How Justice Anthony Kennedy's retirement decision became a battle over the judiciary and the Trump presidency." Dahlia Lithwick has this jurisprudence essay online at Slate.
  • May 26

    15 years of "How Appealing" -- reader mail

    15 years of "How Appealing" -- reader mail
    15 years of "How Appealing" -- reader mail: Today's email is from Peg Durkin, a former Philadelphia attorney who is the head of public services at the UC Davis Mabie Law Library:Congratulations on 15 years! I moved to California 25 years ago…
Rank this Week: 16

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: 31

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: 48

California Punitive Damages

California Punitive Damages

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

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

    Kimberly-Clark sues former subsidiary over $450 million punitive damages award

    Kimberly-Clark sues former subsidiary over $450 million punitive damages award
    Law 360 reports that Kimberly-Clark Corporation has sued former subsidiary Halyard Health, Inc. over a $450 million punitive damages award handed out by a Los Angeles jury earlier this month.  The litigation arises out of a class action…
  • May 5

    Johnson & Johnson gets hit again for punitive damages in Missouri talc litigation

    Johnson & Johnson gets hit again for punitive damages in Missouri talc litigation
    Bloomberg news reports that a jury in St. Louis has awarded $5 million in compensatory damages and $105 million in punitive damages against Johnson & Johnson, in a lawsuit alleging that the company's talcum powder products (Shower to…
  • Apr 27

    Los Angeles jury awards $22 million in punitive damages against medical device company

    Los Angeles jury awards $22 million in punitive damages against medical device company
    The Star Tribune reports that yesterday a Los Angeles jury awarded $2.7 million in compensatory damages and $22 million in punitive damages in an wrongful termination suit against Minnesota-based Cardiovascular Systems, Inc., a medical device…
Rank this Week: 60

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: 88

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: 102

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Apr 26

    Goodyear v. Haeger: The Supreme Court Muddles Sanctions Law Again

    Goodyear v. Haeger: The Supreme Court Muddles Sanctions Law Again
    Earlier this month the Supreme Court decided Goodyear Tire & Rubber Co. v. Haeger et al., a case I wrote about way back in 2012 involving the scope of sanctions (including attorney’s fees) available when a party to a lawsuit…
  • Mar 19

    Is Judge Gorsuch Really Committed To Legal Textualism?

    Is Judge Gorsuch Really Committed To Legal Textualism?
    Judge Gorsuch’s confirmation hearing for his nomination to the United States Supreme Court begins today. He has been called “an originalist and a textualist,” someone with a “strong commitment to textualism.” He…
  • Mar 7

    Treating Physicians & Non-Retained Expert Witnesses: What Do Parties Have To Disclose Before Trial?

    Treating Physicians & Non-Retained Expert Witnesses: What Do Parties Have To Disclose Before Trial?
          Federal court litigators are of course familiar with Fed.R.Civ.P. 26(a)(2)(B), which requires “a written report” from the witnesses we typically think of as “expert witnesses,” i.e., the witnesses…
Rank this Week: 103

Expert Witness Blog

Expert Witness Blog

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

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

    Pediatrics and Pharmacology Experts Excluded

    Pediatrics and Pharmacology Experts Excluded
    Plaintiff sued defendant for failing to warn of possible effects from taking the drug Depakote.  The plaintiff hired two expert witnesses to prove their case.  These experts were excluded from testifying after a Daubert motion was…
  • May 15

    Urology Expert Witness Partially Allowed

    Urology Expert Witness Partially Allowed
    Plaintiff argues that the defendant infringed on their patent for treatment of BPH by marketing their drug Cialis.  The plaintiff hired a urology expert witness to assist with their case.  The defendant filed a motion to exclude.…
  • May 5

    Securities Expert Witness Allowed in FINRA Dispute

    Securities Expert Witness Allowed in FINRA Dispute
    Plaintiff filed a declaratory judgment with the court related to a securities dispute.  The defendant hire a securities expert to assist in their side of the case.  The plaintiff filed a motion to exclude the expert’s…
Rank this Week: 143

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: 142

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • May 24

    Miss. Supreme Court Reverses and Renders Jefferson County Silica Verdict

    Miss. Supreme Court Reverses and Renders Jefferson County Silica Verdict
    On Thursday the Mississippi Supreme Court reversed and rendered a $13 million judgment in American Optical Corporation v. Rankin. This was a Jefferson County silica case where the date of the judgment was February 24, 2015. The Court reversed…
  • May 22

    May Miss. Jury Verdict Reporter Preview

    May Miss. Jury Verdict Reporter Preview
    Here is a preview of the May 2017 issue of the Miss. Jury Verdict Reporter: $200,000 verdict- Aberdeen federal court excessive force by state trooper case (3/28/17); $265,000 verdict- Aberdeen federal court breach of contract case (4/21/17);…
  • May 17

    More Bad News on PERS

    More Bad News on PERS
    There is more negative coverage this week on public employment retirement systems, such as the Mississippi Public Employees Retirement System: Hidden Debt, Hidden Deficits: 2017 Edition, by Joshua Rauh; and The Unavoidable Pension Crisis, by…
Rank this Week: 172

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: 177

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/
  • May 26

    PJ Turner storie

    PJ Turner storie
    Today's DJ includes My Reflections on Justice Paul Turner, by H&L's Jeremy Rosen, with some anecdotes and reflections. No doubt nearly every SoCal appellate practitioner has stories to share. And now's the time. So raise a glass over this…
  • May 25

    IRAP v. Trump En Banc opinion (intros)

    IRAP v. Trump En Banc opinion (intros)
    Today's IRAP v. Trump 4th Circuit en banc opinion is 205 pages long. Here's a breakdown: The first 11 pages lists the parties and numerous amici.Pages 12-79 is the majority opinion which begins like this:The question for this Court, distilled…
  • May 25

    Supreme Court appealability opinion today & 4th Cir.'s Travel Ban opinion

    Supreme Court appealability opinion today & 4th Cir.'s Travel Ban opinion
    Ok, here's one today on appealability from the Supremes for true appellate nerds only!Dhillon v. John Muir Health begins:As a general rule, a litigant may appeal an adverse ruling only after the trial court renders a final judgment.…
Rank this Week: 193

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: 195

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • May 19

    Court Finds Exit Ramp Roadway Meets Safety Standard

    Court Finds Exit Ramp Roadway Meets Safety Standard
    In Elliott v. State, No. M2016-00392-COA-R3-CV (Tenn. Ct. App. March 13, 2017), the Court of Appeals affirmed the Claims Commission’s finding that plaintiff failed to prove that “the State was negligent in the design,…
  • May 16

    Acknowledgement Letter Used to Establish Pre-suit Notice

    Acknowledgement Letter Used to Establish Pre-suit Notice
    In Runions v. Jackson-Madison County General Hospital Dist., No. W2016-00901-COA-R9-CV (Tenn. Ct. App. Feb. 7, 2017), the Tennessee Court of Appeals analyzed a case in which pre-suit notice for an HCLA claim was mistakenly sent to the wrong…
  • May 15

    Patient Alleging Rape at Hospital – Pre-suit Notice Not Required

    Patient Alleging Rape at Hospital – Pre-suit Notice Not Required
    In Cordell v. Cleveland Tenn. Hosp., LLC, No. M2016-01466-COA-R3-CV (Tenn. Ct. App. Feb. 27, 2017), the Court of Appeals reversed dismissal in a case filed against a hospital, determining that the complaint did not contain claims covered by…
Rank this Week: 206

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
  • May 21

    The Mission of WILG to Help Injured Worker

    The Mission of WILG to Help Injured Worker
    The Workers' Injury Law & Advocacy Group also known as WILG, is the national non-profit membership organization dedicated to representing the interests of millions of workers and their families who, each year, suffer the consequences of…
  • May 1

    Drone Liability and Litigation

    Drone Liability and Litigation
    An unmanned aerial vehicle (UAV), commonly known as a drone, is an aircraft without a human pilot aboard.  Drones were originally associated by the military, but are now used for other purposes, with estimates of over a million sold by…
  • Apr 9

    Tackling Issues on the Hill

    Tackling Issues on the Hill
    As James M. Early, CSSC, a Senior Advisor at Ringler, becomes the 2017 President of the National Structured Settlement Trade Association (NSSTA), there's work to do on Capitol Hill.  Listen as Jim Early talks with Ringler Radio host,…
Rank this Week: 237

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • May 20

    New Surrogate Breathes New Life Into The Dead Man’s Statute

    New Surrogate Breathes New Life Into The Dead Man’s Statute
    The New York Law Journal has reported that newly appointed Kings County Surrogate John Ingram has barred the testimony of a widow in an action about whether or not she may exercise her spousal right of election in the matter of her late…
  • Apr 7

    The Public Administrator Can Be A Complex Web Of Costly Patronage

    The Public Administrator Can Be A Complex Web Of Costly Patronage
    A recent article in New York’s Daily News reports on the Queens County political machine and  its incredible control over proceedings in that county’s Surrogate’s  Court. It is a primer  on  the…
  • Jan 4

    Computer Generated Images Open Uncharted Territory For The Estates Of Deceased Actor

    Computer Generated Images Open Uncharted Territory For The Estates Of Deceased Actor
    Over the past holiday I treated my 15 year old grandson to a movie. Rogue One was not my choice but he enjoyed it immensely. At the close of the movie, a computer generated image of Carrie Fisher as Princess Leia  appeared on the screen.…
Rank this Week: 241

Jeff Vail

Jeff Vail

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

http://www.jeffvail.net/
  • Feb 6

    Colorado Litigation Report

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

    The Oil Drum

    The Oil Drum
    Sadly, one of my favorite websites (and a website where I was previously a contributing author), www.theoildrum.com, is shutting down (actually converting to an archive, there will just be no new content).  There are a variety of reasons…
  • Dec 27

    Preserving ESI on Twitter

    Preserving ESI on Twitter
    Once litigation is “reasonably anticipated,” parties have an obligation to preserve all potentially relevant material.  That obligation extends to information reasonably under a party’s control, even if it is not…
Rank this Week: 250

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: 261

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: 292

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: 290

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: 325

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 395

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • May 26

    Court May Consider Both Sides’ Conduct in Exceptional Case Analysi

    Court May Consider Both Sides’ Conduct in Exceptional Case Analysi
    Snap-On Inc. v. Robert Bosch LLC, No. 09 C 6914, Slip Op. (N.D. Ill. Apr. 28, 2016) (Shah, J.). Judge Shah denied defendants’ (collectively “Bosch”) 35 USC § 285 motion for attorney’s fees in this patent dispute…
  • May 24

    Filing Patents Does Not Create Jurisdiction Outside of the E.D. Virginia

    Filing Patents Does Not Create Jurisdiction Outside of the E.D. Virginia
    Torrent Pharma. Ltd. V. Daiichi Sankyo, Inc., No. 16 C 2988, 3956 & 4876, Slip Op. (N.D. Ill. Jul. 25, 2016) (Pallmeyer, J.). Judge Pallmeyer granted declaratory judgment defendants’ Fed. R. Civ. P. 12(b) motion to dismiss for lack…
  • May 22

    Website Information Can be Reliable Evidence for Prior Patent Use

    Website Information Can be Reliable Evidence for Prior Patent Use
    Peerless Indus., Inc. v. Crimson AV LLC, No. 11 C 1768, Slip Op. (N.D. Ill. Mar. 31, 2017) (Lefkow, J.). Judge Lefkow granted in part plaintiff Peerless’ renewed Fed. R. Civ. P. 50(b) motion for judgment as a matter of law as to…
Rank this Week: 374

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/
  • May 24

    Call for Papers: AALS Section on Conflict of Law

    Call for Papers: AALS Section on Conflict of Law
    The AALS Section on Conflict of Laws is inviting papers for its annual program at the AALS Annual Meeting in San Diego (January 3-6, 2018). The full announcement is below: Download Conflicts Section Call for Paper
  • May 24

    Thomas on Wistrich and Rachlinski on Judges and Implicit Bia

    Thomas on Wistrich and Rachlinski on Judges and Implicit Bia
    This week on the Courts Law section of JOTWELL is Suja Thomas’s essay, What Judges Can Do About Implicit Bias. Suja reviews Andrew Wistrich & Jeffrey Rachlinski’s contribution to a new American Bar Association book entitled Ensuring…
  • May 22

    Big Civil Procedure Day at SCOTUS

    Big Civil Procedure Day at SCOTUS
    Today the Supreme Court issued unanimous decisions in two cases we’ve been covering: Water Splash, Inc. v. Menon (service by mail under the Hague Convention) TC Heartland LLC v. Kraft Foods Group Brands LLC (venue in patent cases)
Rank this Week: 370

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 10

    NSSTA 2017 Annual Conference

    NSSTA 2017 Annual Conference
    When Len Blonder was elevated to the role of President of the National Structured Settlement Trade Association (NSSTA) for an unprecedented third time during NSSTA's 2016 Annual Conference, he identified a very clear vision for the structured…
  • Apr 17

    ASNP 2017 Annual Conference

    ASNP 2017 Annual Conference
    For the past 11 years, the Academy of Special Needs Planners (ASNP) annual conferences have consistently improved the educational scope and standards for an expanding professional landscape which, in addition to, and overlapping with, special…
  • Mar 20

    SSP 2017 Annual Conference

    SSP 2017 Annual Conference
    Although the Society of Settlement Planners (SSP) was founded in 2000, the term "settlement planner" is still viewed by many structured settlement stakeholders as an inflated synonym for "plaintiff broker". Current SSP President Joseph Tombs…
Rank this Week: 381

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
  • May 25

    Statutory Employer: A Louisiana Law Primer

    Statutory Employer: A Louisiana Law Primer
    By Matthew C. Meiners Under Louisiana law, workers’ compensation is the exclusive remedy that an employee may assert against his employer or fellow employees for work-related injury, unless he was the victim of an intentional act. That…
  • May 23

    Louisiana Native Scott Angelle to Head the Bureau of Safety and Environmental Enforcement (BSEE)

    Louisiana Native Scott Angelle to Head the Bureau of Safety and Environmental Enforcement (BSEE)
    By Michael J. O’Brien Scott Angelle, a native of Breaux Bridge, Louisiana, has been appointed by the Trump Administration to head the Bureau of Safety and Environmental Enforcement (“BSEE”).  Mr. Angelle first held…
  • May 22

    Successor Liability: Considerations When Structuring Your Acquisition

    Successor Liability: Considerations When Structuring Your Acquisition
    By Matthew C. Meiners In targeting a company for purchase, many buyers prefer to purchase the assets of a company, as opposed to the stock (or other equity) of the company because, as a general rule, the buyer of assets in an asset…
Rank this Week: 462

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
  • Oct 28

    A light-hearted Friday post: what is the standard of music on appeal?

    A light-hearted Friday post: what is the standard of music on appeal?
    I wrote last year about In re Christopher B., case no. C077467 (3rd Dist. Sept. 28, 2015), a cautionary tale about a trial court’s “clarification” of its order (read: “void modification for lack of…
  • Sep 20

    Appellate judge Alex Kozinski addresses the dangers of unsettled science in the courtroom

    Appellate judge Alex Kozinski addresses the dangers of unsettled science in the courtroom
    Or, as the headline over Judge Kozinski’s opinion piece in today’s Wall Street Journal calls it, “voodoo science.” And what this justice on the Ninth Circuit Court of Appeals (a federal appellate court)…
  • Sep 16

    Will appeals lawyers be replaced by computers?

    Will appeals lawyers be replaced by computers?
    Technology has been displacing low-wage and less-skilled workers for a long time. Is it time for white collar professionals – including lawyers – to fear they are next? At  The American Interest blog: “Venture…
Rank this Week: 440

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • May 26

    The Court of Appeals of Maryland's Landmark Ruling on Postconviction DNA Testing

    The Court of Appeals of Maryland's Landmark Ruling on Postconviction DNA Testing
    Two days ago, the Court of Appeals of Maryland issued a landmark opinion on the issue of what it takes for a convicted defendants to get postconviction DNA testing. Simply put, Maryland's highest court made it much easier for convicted...
  • May 25

    Article of Interest: "Restoring Justice: Purging Evil From Federal Rule of Evidence 609," by Judge Timothy Rice

    Article of Interest: "Restoring Justice: Purging Evil From Federal Rule of Evidence 609," by Judge Timothy Rice
    The Honorable Timothy R. Rice, United States Magistrate Judge for the Eastern District of Pennsylvania, sent me a copy of his forthcoming article, "Restoring Justice: Purging Evil From Federal Rule of Evidence 609." (forthcoming…
  • May 20

    The Disinterested Alibi Witness and the Adnan Syed Appeal

    The Disinterested Alibi Witness and the Adnan Syed Appeal
    In its its Reply Brief of Appellee/Cross-Appellant in the Adnan Syed case, the defense makes an important point about Asia McClain that bears upon prejudice, i.e., whether Cristina Gutierrez's failure to contact/call her as an alibi witness…
Rank this Week: 520

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

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

http://jotwell.com/
  • May 26

    Unevenly Cooked: Raw Materials and Fair Use

    Unevenly Cooked: Raw Materials and Fair Use
    Andrew Gilden, Raw Materials and the Creative Process, 104 Geo. L.J. 355 (2016).Christopher J. BuccafuscoOver the past decade or two, intellectual property scholars have learned to pay attention to the rhetoric that people use when arguing…
  • May 25

    Studying Specific Performance

    Studying Specific Performance
    Yonathan A. Arbel, Contract Remedies in Action: Specific Performance, 118 W. Va. L. Rev. 100 (2015), available at SSRN.Caprice RobertsParties that have a right to the very thing promised in a contract may opt not to have it delivered by the…
  • May 25

    Unpacking the Shortcomings of the Vaccine Injury Compensation Program

    Unpacking the Shortcomings of the Vaccine Injury Compensation Program
    Nora Freeman Engstrom, A Dose of Reality for Specialized Courts: Lessons from the VICP, 163 U. Penn. L. Rev. 1631 (2015).Efthimios ParasidisThe National Childhood Vaccine Injury Act of 1986 established the Vaccine Injury Compensation Program…
Rank this Week: 524

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: 509

Chicago Trial Attorney Blog

Chicago Trial Attorney Blog

Covers business, contracts, and nursing home negligence litigation. By Philip J. Berenz.

http://www.counseloroffices.net/
  • Apr 20

    Piercing Corporate Veils / Alter Ego - Business Litigation

    Piercing Corporate Veils / Alter Ego - Business Litigation
    "Piercing a corporate veil" means an individual can be personally liable in certain situations. Courts apply this equitable remedy to avoid improper use of corporate laws meant to shield innocent shareholders and to promote justice. The…
  • Apr 20

    Nursing Home Abuse & Neglect - Growing Elderly Population

    Nursing Home Abuse & Neglect - Growing Elderly Population
    Our elderly population is clearly growing which directly correlates to more of our loved ones in nursing homes or similar facilities. Often an elderly person - our loved ones - are like children who need care and help with the most basic…
  • Apr 1

    Workers Compensation War!

    Workers Compensation War!
    Shockingly, States are trying to "dismantle" the workers compensation system. Little do you pay attention to such laws until you get hurt at work and start the downward financial (and health) spiral because some insurance company won't pay…
Rank this Week: 526

Northern District of California…

Northern District of California Blog

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

http://www.ndcalblog.com/
  • Oct 7

    Question 5 - The Angry Decedent Strikes Again Will

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

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

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

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

    Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)
    Question Four is a pretty standard contracts and remedies question.  I score this one as a curveball because you have to untangle the contract mess in order to get to the remedies question.  I provided a pair of pretty good strategies for…
Rank this Week: 576

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • May 25

    Sepsis: Controversies and Risk

    Sepsis: Controversies and Risk
    As the physicians say it happens in hectic fever, that in the beginning of the malady it is... Read More The post Sepsis: Controversies and Risks appeared first on The Expert Institute.
  • May 23

    Blockchain’s Incumbent Patent War: a Rite of Passage

    Blockchain’s Incumbent Patent War: a Rite of Passage
    Are banks afraid of blockchain?  The answer really depends on who is being asked.  But some of the... Read More The post Blockchain’s Incumbent Patent War: a Rite of Passage appeared first on The Expert Institute.
  • May 23

    6 Keys to Using Graphics During Expert Witness Testimony

    6 Keys to Using Graphics During Expert Witness Testimony
    In our increasingly technology-driven world, it is no surprise that people process information differently in comparison to prior... Read More The post 6 Keys to Using Graphics During Expert Witness Testimony appeared first on The Expert…
Rank this Week: 643

Sui Generis--a New York law blog

Sui Generis--a New York law blog

Offers commentary on civil rights issues, recent decisions and other areas of interest to New York civil litigators and criminal practitioners. By Nicole L. Black.

http://nylawblog.typepad.com/suigeneris/
  • May 24

    Judges weigh in on researching jurors online

    Judges weigh in on researching jurors online
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Judges Weigh In On Researching Jurors Online Now that social media is simply part of our day-to-day lives, it’s no surprise that…
  • May 15

    ABA Issues New Opinion On Secure Online Communication With Client

    ABA Issues New Opinion On Secure Online Communication With Client
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** In 1999, the American Bar Association issued Formal Opinion 99-413, which permitted lawyers to use email to communicate with clients. In that…
  • Apr 28

    When worlds collide – A tweet constitutes an assault

    When worlds collide – A tweet constitutes an assault
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** When Worlds Collide: A Tweet Constitutes An Assault Sometimes a tweet is just a tweet in the online world, and other times it can amount to an…
Rank this Week: 716

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/
  • May 18

    What a Great “Hot Seat Operator” Can Add to a Trial Team

    What a Great “Hot Seat Operator” Can Add to a Trial Team
    by Tony KlapperManaging Director, Litigation ConsultingA2L Consulting In these pages, we have discussed from time to time the role of the “hot seat operator” or “trial tech,” the person who is tasked at trial with…
  • May 11

    The Top 10 Free Litigation Best-Practice Resources of 2017

    The Top 10 Free Litigation Best-Practice Resources of 2017
    by Ken LopezFounder/CEOA2L Consulting Every month, 1,000-2,000 free e-books and webinars are downloaded and viewed on A2L Consulting's web site. These free resources are likely the single best place on the Internet to learn how the best…
  • May 9

    5 Things You Lose When You Don’t Have a Litigation Graphic Artist on Site

    5 Things You Lose When You Don’t Have a Litigation Graphic Artist on Site
    by Tony KlapperManaging Director, Litigation ConsultingA2L Consulting War rooms at trial are very intense, high-pressure places. Obviously, the lawyers in the trial team are going to make the war room their “office” for the…
Rank this Week: 720

TortDeform

TortDeform

A civil justice defense blog. By the Drum Major Institute for Public Policy.

http://www.tortdeform.com/
  • May 20

    The Politics Behind Tort Reform

    The Politics Behind Tort Reform
    Hello, and welcome back after that fifteen-month intermission. I've been too busy helping people to blog about the forces that want to prevent me from helping people. To dip my toe back in the blogging water, I thought I'd give a…
  • Feb 17

    The value of a human life and damage cap

    The value of a human life and damage cap
    Even if we go with the Bush-era figure of $6.8 million, you’re far above the often-proposed cap of $250,000 for noneconomic damages.  I’m morally opposed to ANY damage cap because I don’t believe that you can set a flat rate on every…
  • Feb 9

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective
    Which is a greater tragedy: A child dying at the hands of an incompetent doctor, or a toy company ripping off the design of a doll from another toy company?  Brian Wilson discusses how out-of-whack our priorities are regarding…
Rank this Week: 658

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
  • May 26

    5 Steps to Responding to a Deposition Notice

    5 Steps to Responding to a Deposition Notice
    After receiving a deposition notice or subpoena, counsel should to take a careful look at the documents served and make decisions about how to proceed. To organize the process, follow these five steps. Analyze the documents that were served.…
  • May 24

    What CA Employers Need to Know About Using Foreign Labor Contractor

    What CA Employers Need to Know About Using Foreign Labor Contractor
    To combat the trafficking and exploitation of foreign workers, the California Legislature enacted SB 477 in 2014 to strengthen regulations on “foreign labor contractors” who recruit foreign workers to relocate to California. See…
  • May 22

    5 Ways to Deal with the Family Home in Divorce

    5 Ways to Deal with the Family Home in Divorce
    When dealing with a family home that’s entirely or substantially part of the parties’ community property, the facts of the situation will lead to taking one of the following five approaches in the divorce agreement. Interspousal…
Rank this Week: 920

Appellate Advocacy Blog

Appellate Advocacy Blog

Edited by David R. Cleveland, Kendall D. Isaac, Tonya Kowalski, Elizabeth Berenguer Megale and Randall L. Hodgkinson.

http://lawprofessors.typepad.com/appellate_advocacy/
  • May 26

    Appellate Advocacy Blog Weekly Roundup May 26 2017

    Appellate Advocacy Blog Weekly Roundup May 26 2017
    As we do every Friday, the Appellate Advocacy Blog presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be...
  • May 23

    #TwitterTuesday--Legal Writing

    #TwitterTuesday--Legal Writing
    Every appellate practitioner should want to improve his legal writing. Here are a few Twitter accounts to follow that provide helpful legal writing tips: Follow the University of Virginia Law Writing program (@UVALawWriting) for program news…
  • May 16

    #TwitterTuesday--Even More Judges Who Tweet

    #TwitterTuesday--Even More Judges Who Tweet
    I am a little late today with #TwitterTuesday. My blogging has been a little slow the past few weeks, as my husband and I are preparing to move to Tucson, Arizona, where I will be taking a position as the...
Rank this Week: 796

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/
  • May 25

    Following U.S. Supreme Court Review, Ninth Circuit Remands EEOC Subpoena Case

    Following U.S. Supreme Court Review, Ninth Circuit Remands EEOC Subpoena Case
    By Gerald L. Maatman, Jr., Christopher J. DeGroff and Alex W. Karasik Seyfarth Synopsis: After the U.S. Supreme Court clarified in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), that the scope of review for employers…
  • May 23

    New Study Of EEOC Enforcement: Demystifying EEOC Determination, Conciliation & Litigation Timeline

    New Study Of EEOC Enforcement: Demystifying EEOC Determination, Conciliation & Litigation Timeline
    By Gerald L. Maatman, Jr., Andrew Scroggins and Christopher DeGroff Seyfarth Synopsis: An in-depth analysis by Seyfarth Shaw sheds new light on how quickly the EEOC moves matters from letter of determination, through conciliation, to…
  • May 22

    The EEOC Shoots At A Fish In The Proverbial Staffing Firm Barrel

    The EEOC Shoots At A Fish In The Proverbial Staffing Firm Barrel
    By David J. Rowland and Andrew L. Scroggins Seyfarth Synopsis:  In a case filed May 8 in federal court in New Jersey, the EEOC sued an IT staffing firm for age discrimination on behalf of a candidate seeking placement into an position…
Rank this Week: 780

The Courtroom Insight Blog

The Courtroom Insight Blog

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

http://blog.courtroominsight.com/
  • May 22

    Mississippi man convicted of first transgender hate crime

    Mississippi man convicted of first transgender hate crime
    In the first conviction under the Matthew Shepard, James Byrd Jr. Hate Crimes Prevention Act, a Mississippi man was sentenced to 49 years in prison along with a $20,000 fine. Joshua Vallum murdered Mercedes Williamson in May 2015 after…
  • Apr 13

    Multi-State Bar Exam Scores Hit A New Low

    Multi-State Bar Exam Scores Hit A New Low
    In February 2017, the average score of the Multi-State Bar Exam (MBE) declined by another point.  “The exam is a six-hour, 200-question multiple-choice examination developed by NCBE and administered by user jurisdictions as…
  • Mar 17

    Flawed Testimony and Unreliable Results Render Kellyanne Conway’s Work Useless to Whole Food

    Flawed Testimony and Unreliable Results Render Kellyanne Conway’s Work Useless to Whole Food
    Kellyanne Conway began her career as a professional pollster in 1988, interning for Ronald Regan’s pollster, Dick Wirthlin.  Later in 1995, she founded her own company, The Polling Company/WomenTrend.  She is now known to most…
Rank this Week: 788

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • May 17

    Personal Injury Small Claims, Portals and Fixed Cost

    Personal Injury Small Claims, Portals and Fixed Cost
    Kerry Underwood’s Personal Injury Small Claims, Portals and Fixed Costs has now been published and is available to order here. Running to over 1,300 pages over three volumes, you certainly get your money’s worth (a steal at…
  • May 14

    Interim costs payment

    Interim costs payment
    This blog has previously looked at the interrelationship between interim payments on account of costs and interim costs certificates. Gordon Exall’s Civil Litigation Brief blog recently had a post on this issue that I struggle to…
  • May 2

    Whiplash injuries to increase in severity

    Whiplash injuries to increase in severity
    Over the weekend, the Guardian published an article titled: “Whiplash: the myth that funds a £20bn gravy train”, challenging the medical basis for such claims and highlighting the fact that in Greece and Lithuania, where…
Rank this Week: 853

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 790

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
  • Apr 24

    Florida Supreme Court Revises Standard Juror Questionnaire

    Florida Supreme Court Revises Standard Juror Questionnaire
    Earlier this year the Florida Supreme Court approved changes to the standard Juror Questionnaire, Form 1.983. There are currently only two standard juror questionnaires approved for use in civil trials by the Florida Supreme Court –…
  • Nov 29

    Court Lifts Limits on Alternate Jurors in Civil Trial

    Court Lifts Limits on Alternate Jurors in Civil Trial
    The Florida Rules of Civil Procedure have been amended by the Florida Supreme Court to remove the limit on the number of alternate jurors in civil trials. Effective January 1, 2017, Rule 1.431 has been amended to read “The court may…
  • Oct 31

    Juror’s Mid-Trial Tweets Not Enough for New Trial

    Juror’s Mid-Trial Tweets Not Enough for New Trial
    This month, in a case of first impression in Florida, the Fourth District Court of Appeal held that statements posted by a juror on social media during trial were insufficiently prejudicial to require a new trial. The juror posted a series of…
Rank this Week: 933

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: 826