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How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/

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

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

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

"Senate Confirms a Judge, but Rancor Remains"

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

"Broad limit on appointments urged"

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

Rank this Week: 8

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: 32

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: 38

ICT for Peacebuilding

Exploring the use of technology for conflict transformation, focusing on the use of information communications technology (ICT) for peacebuilding. From Sanjana Hattotuwa.

http://ict4peace.wordpress.com

May 9
Safety tips and security guidelines for Facebook

Safety tips and security guidelines for Facebook

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

New media and citizen journalism: The case of Groundview

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

Pitfalls of privacy online

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

Rank this Week: 41

SCOTUSblog

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

http://www.scotusblog.com/

May 22
Burnside headed back to the Sixth Circuit?

Burnside headed back to the Sixth Circuit?

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

Petition of the day

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

Greenhouse gas case explained

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

Rank this Week: 56

Structured Settlements 4Real

Provides structured settlement information, provocative commentary, news and opinion about structured settlements and settlement planning. By John Darer.

http://structuredsettlements.typepad.com/structured_settlements_4r/

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

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

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

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

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

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

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

Rank this Week: 91

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 24
Colonial and Postcolonial Constructions of Family Law

Colonial and Postcolonial Constructions of Family Law

Sylvia Wairimu Kang'ara, Beyond Bed And Bread: Making The African State Through Marriage Law Reform -- Constitutive And Transformative Influences of Anglo-American Legal Thought, 9 Hastings Race & Poverty L. J. 353 (2012),…
May 22
Provoked Intimate Femicides: A Privatized Version of “Honour”?

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

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

The Care and Feeding of Sticky Defaults in Information Privacy Law

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

Rank this Week: 118

Expert Witness Blog

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

http://www.expertwitnessblog.com/

May 23
Patent Protection Expert Witnesses & "Patent Trolls"

Patent Protection Expert Witnesses & "Patent Trolls"

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

Petroleum Engineering Expert Witnesses & FERC

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

Physical Therapy Expert Witnesse

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

Rank this Week: 171

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/

May 1
Preliminary Injunction Partially Entered in Trademark Suit

Preliminary Injunction Partially Entered in Trademark Suit

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

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

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

Arguments Disclosed in Summary Judgment are Preserved

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

Rank this Week: 197

Civil Procedure & Federal…

Civil Procedure & Federal Courts Blog

By Professors Robin Effron, Cynthia L. Fountaine, and Adam Steinman

http://lawprofessors.typepad.com/civpro/

May 22
Pereyra and Sunshine on Settlement Rates After Twombly and Iqbal

Pereyra and Sunshine on Settlement Rates After Twombly and Iqbal

Victor Abel Pereyra and Benjamin Sunshine, of University of Illinois College of Law, have posted on SSRN their paper Access-to-Justice v. Efficiency: An Empirical Study of Settlement Rates After Twombly and Iqbal. Abstract: A party’s…
May 17
Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal

Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal

Now available on the Courts Law section of JOTWELL is an essay by Brooke Coleman (Seattle) entitled Celebrating Civil Rulemaking. It reviews a recent article by Lonny Hoffman (Houston), Rulemaking in the Age of Twombly and Iqbal, which will…
May 17
Meyn on Comparing Civil and Criminal Discovery

Meyn on Comparing Civil and Criminal Discovery

Prof. Ion Meyn (Wisconsin) has posted on SSRN a draft of his article Discovery and Darkness: The Information Deficit in Criminal Disputes, which will appear in the Brooklyn Law Review. Here’s the abstract: Scholarship has long recognized a…

Rank this Week: 212

Trial Advocacy Blog

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

http://indexhtml.blogspot.com/

May 23
March/April 2013 Law Library Acquisitions List

March/April 2013 Law Library Acquisitions List

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

Temple Law Professor and Juvenile Lifer Ruling

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

January/February 2013 Law Library Acquisitions List

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

Rank this Week: 239

Southern California Appellate News

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

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

May 22
Bizarro: Egregious juror misconduct

Bizarro: Egregious juror misconduct

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

Certified Chutzph?

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

2d District Pro tem updates (extensions through July)

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

Rank this Week: 245

Conflict of Laws .net

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

http://conflictoflaws.net

May 24
Science Po PILAGG Workshop Series Final Conference 2013

Science Po PILAGG Workshop Series Final Conference 2013

The Law School of the Paris Institute of Political Science (Sciences Po) will hold the final meeting of its workshop series for this academic year on Private International Law as Global Governance on May 31st, 2013. This day long conference…
May 22
First Issue of 2013’s Rivista di diritto internazionale privato e processuale

First Issue of 2013’s Rivista di diritto internazionale privato e processuale

(I am grateful to Prof. Francesca Villata – University of Milan – for the following presentation of the latest issue of the RDIPP) The first issue of 2013 of the Rivista di diritto internazionale privato e processuale (RDIPP,…
May 20
Liber Amicorum Alegría Borrá

Liber Amicorum Alegría Borrá

On the occasion of the retirement of Prof. Alegría Borrás a collective book entitled “Entre Bruselas y La Haya. Estudios sobre la unificación internacional y regional del Derecho internacional privado. Liber…

Rank this Week: 277

Day on Torts

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

http://www.dayontorts.com/

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

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

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

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

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

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

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

Rank this Week: 308

Information Governance Engagement…

Information Governance Engagement Area

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

http://infogovernance.blogspot.com/

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

Weekly eDiscovery News and Views - May 8, 2013

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

Weekly eDiscovery News and Views - May 1, 2013

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

Weekly eDiscovery News and Views - April 24, 2013

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

Rank this Week: 349

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/

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

Eighth Circuit Raises Specter Of Constitutionality Issues In TCPA Class Action

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

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

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

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

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

Rank this Week: 376

Blawgletter

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

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

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

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

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

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

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

WSJ Equates Filing Empty Seats with Court-Packing

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

Rank this Week: 425

Tort Talk

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

http://www.torttalk.com/

May 24
REGISTER NOW -- LACKAWANNA PRO BONO'S GOLF TOURNAMENT IN TWO WEEKS

REGISTER NOW -- LACKAWANNA PRO BONO'S GOLF TOURNAMENT IN TWO WEEKS
May 23
Judge Minora of Lackawanna County Addresses Standard to Join Additional Defendant

Judge Minora of Lackawanna County Addresses Standard to Join Additional Defendant

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

An Oldie But Goodie

I recently came across another decision from the past in which a trial court addressed the issue of Medicare lien payments possibly holding up the resolution of a civil litigation settlement. In his 2011 decision in the case of Mackrides…

Rank this Week: 487

The Trial Warrior Blog

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

http://thetrialwarrior.com/

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

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

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

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

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

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

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

Rank this Week: 485

Class Action Fairness Act Blog

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

http://www.cafalawblog.com/

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

A Defendant's Subjective Belief Does Not Trigger Removal

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

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

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

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

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

Rank this Week: 498

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/

May 21
Texting While Driving Is Deadly

Texting While Driving Is Deadly

By Brooke Cohen: I’m not sure even where to start writing here. As a mother I was heartbroken to hear the news of the young sixteen-year-old girl named Savannah Nash who died this weekend as she ran her car into a tractor-trailer -- an…
May 20
The Dark Side of Generic Drug

The Dark Side of Generic Drug

Dinesh Thakur was a whistleblower for the generic drug maker, Ranbaxy Laboratories in Gurgaon, India, 20 miles south of New Delhi. Due to his efforts, on May 13 of this year, Ranbaxy pleaded guilty to seven federal criminal counts of selling…
May 15
Transvaginal Mesh and the Wall Street Journal

Transvaginal Mesh and the Wall Street Journal

Author: Brooke Cohen The Wall Street Journal put out a timely article today entitled “Outcomes are Mixed for Pelvic Procedure”. I say timely because the product-liability lawsuits against five manufacturers of transvaginal…

Rank this Week: 518

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/

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

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

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

Defense Verdict in Washington County Malicious Prosecution Trial

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

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

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

Rank this Week: 531

Translation For Lawyers

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

http://www.translationforlawyers.com/

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

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

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

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

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

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

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

Rank this Week: 535

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog

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

Circuit Split: Looking Beyond The Record In Administrative Proceeding

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

Authenticating Recorded Conversation

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

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

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

Rank this Week: 551

the complex litigator

Covers complex litigation and class actions. By H. Scott Leviant.

http://www.thecomplexlitigator.com/post-data/

May 14
On remand after Brinker, Court of Appeal reconsiders prior decision and orders certificaiton in Faulkinbury

On remand after Brinker, Court of Appeal reconsiders prior decision and orders certificaiton in Faulkinbury

The press of obligations at work left little time for my blogging, which I regret. And, I haven't seen anything all that interesting in the class action/complex litigation arena in the last few weeks. That did change last week…
Apr 26
In Genesis Healthcare v. Symczyk, Supreme Court ducks actual mootness issue raised by Rule 68 offer

In Genesis Healthcare v. Symczyk, Supreme Court ducks actual mootness issue raised by Rule 68 offer

Federal Rule of Civil Procedure 68 allows a defendant to pony up the dough to resolve a claim and avoid the expense of litigation so long as the amount to fully resolve the claim can be clearly calculated in full and is offered in full (more…
Apr 26
In Ramirez v. Balboa Thrift and Loan, Court of Appeal directs reconsideration of certification denial in UCL case

In Ramirez v. Balboa Thrift and Loan, Court of Appeal directs reconsideration of certification denial in UCL case

The Rees-Levering Motor Vehicle Sales and Finance Act protects consumers involved in, you guessed it, motor vehicle sales and finance transactions. In Ramirez v. Balboa Thrift and Loan (pub. Ord. April 12, 2013 and published April 22,…

Rank this Week: 629

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/

May 17
Shrug, Concur, and Move On

Shrug, Concur, and Move On

In a famous market manipulation that lead to multiple criminal convictions, the A.R. Baron brokerage engaged in a pump-and-dump scheme to induce customers to purchase the securities of small companies at artificially inflated prices. Among…
May 10
What Next?

What Next?

Based on the Supreme Court's recent decisions, a plaintiff is not required to prove the existence of loss causation (Halliburton) or materiality (Amgen) to certify an investor class. In the Halliburton case, however, the defendants pursued a…
Apr 26
Cornerstone Report On Accounting Case

Cornerstone Report On Accounting Case

Cornerstone Research has issued a study of 2012 securities class actions involving accounting allegations. The notable findings include: (1) The number of accounting filings fell from 78 in 2011 to 45 in 2012. Two factors that contributed to…

Rank this Week: 664

Federal Civil Practice Bulletin

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

http://federalcivilpracticebulletin.blogspot.com/

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

SCOTUS Decides Standard Fire Insurance Co. v. Knowle

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

Kaplow on Multistage Litigation

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

Issacharoff and Miller Post Motion to Dismiss Article on SSRN

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

Rank this Week: 709

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

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

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

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

Advertisers Expanding Case Against News America to Become a Class Action

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

Dial Corp. Sues News America Marketing for Monopolization and Tying

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

Discovery Sanctions Ordered Against Delta Air Line

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

Rank this Week: 737

Juries

Examines interesting and new developments regarding grand juries and trial juries. By Thaddeus Hoffmeister.

http://juries.blogspot.com/

May 24
Jury New

Jury New

USA Today: Jodi Arias Juror #9 exits alone and aloof Connecticut Law Tribune: Juror's Online Research Forces New Trial Emporia Gazette: Judge: Juror committed contempt at murder trial New York Post: Joe Francis 'deeply…
May 17
Prosecutors Want to Run Background Checks on Juror

Prosecutors Want to Run Background Checks on Juror

Prosecutors in the Whitey Bulger trial recently requested that they be permitted to run criminal background checks on prospective jurors. Not surprisingly, Bulger's attorneys are opposing the government's request. …
May 15
MD Judge Prohibits Attorney from Researching Jurors Online

MD Judge Prohibits Attorney from Researching Jurors Online

According to the news story below, a judge in Montgomery County, Maryland has denied a defense attorney's request to research jurors online. Apparently, the judge finds the practice "totally inappropriate." The case in which the…

Rank this Week: 752

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/

May 24
Just a Reminder to Think Before You Hit Send – eDiscovery Best Practice

Just a Reminder to Think Before You Hit Send – eDiscovery Best Practice

With Anthony Weiner’s announcement that he is attempting a political comeback by running for mayor on New York City, it’s worth remembering the “Twittergate” story that ultimately cost his congressional seat in the…
May 23
Google Compelled to Produce Search Terms in Apple v. Samsung – eDiscovery Case Law

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

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

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

Last week’s blog post covered class action litigation – that is, a case that is filed on behalf of a group (or class) of members who have a common grievance or have suffered a common injury. One lawsuit is filed and there is one…

Rank this Week: 769

EDiscoveryMap

Covers cross-border ediscovery issues. By Monique Altheim.

http://ediscoverymap.com

May 17
Ediscovery, Data Privacy and Social Media Weekly Update

Ediscovery, Data Privacy and Social Media Weekly Update

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

Ediscovery, Data Privacy and Social Media Weekly Update

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

Ediscovery, Data Privacy and Social Media Weekly Update

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

Rank this Week: 773

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 14
Future of Elder and Special Needs Law - 1

Future of Elder and Special Needs Law - 1

"You cannot connect the dots looking forward. You can only connect them looking backwards. So you have to trust that the dots will connect in the future." - Steve Jobs Despite the challenges of predicting the future, the Spring 2013...
May 9
SEC Bulletin Addresses Structured Settlement Transfer

SEC Bulletin Addresses Structured Settlement Transfer

The Securities and Exchange Commission (SEC) Office of Investor Education and Advocacy has issued an Investor Bulletin titled "Pension or Settlement Income Streams: What You Need to Know Before Buying or Selling Them". Although the SEC…
May 6
NAELA 2013 Annual Meeting

NAELA 2013 Annual Meeting

The National Academy of Elder Law Attorneys (NAELA) celebrated its 25th anniversary last week in Atlanta - commemorating its past achievements, analyzing current legal and demographic issues and preparing for future growth and development.…

Rank this Week: 829

Ontario Rules of Civil Procedure…

Ontario Rules of Civil Procedure Blog

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

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

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

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

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

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

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

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

Rank this Week: 867

California Punitive Damages

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

http://calpunitives.blogspot.com/

May 13
Court of Appeal affirms $40,000 in punitive damages after reversing $3.8 million in compensatory damages (Corenbaum v. Lampkin)

Court of Appeal affirms $40,000 in punitive damages after reversing $3.8 million in compensatory damages (Corenbaum v. Lampkin)

Our report on this case is a bit tardy, because I was traveling abroad when the decision was issued. The main issue in this case has nothing to do with punitive damages, but it merits a brief mention here because the court’s…
Apr 24
$4.8M punitive damages award reversed for lack of evidence that corporate management participated in wrongdoing (Martinez v. Rite Aid)

$4.8M punitive damages award reversed for lack of evidence that corporate management participated in wrongdoing (Martinez v. Rite Aid)

In October 2010 we reported about this $4.8 million punitive damages award against Rite Aid in a disability discrimination case. Yesterday, the California Court of Appeal (Second Appellate District, Division Seven) vacated that award in…
Apr 23
Supreme Court of India affirms $18.4 million punitive damages award

Supreme Court of India affirms $18.4 million punitive damages award

An editorial in Business Standard reports on a case in which the Supreme Court of India has affirmed a punitive damages award of "Rs 100 crone" in a contamination case against the operator of a copper smelting plant. That works out to $18.4…

Rank this Week: 897

Litigation and Trial - Max…

Litigation and Trial - Max Kennerly

Covers topics related to civil litigation. Published by Maxwell S. Kennerly, Esq. of the Beasley Law Firm, LLC.

http://www.litigationandtrial.com/

May 23
A Litigator Reviews John Grisham’s The Litigator

A Litigator Reviews John Grisham’s The Litigator

© Max Kennerly. The original for this post is A Litigator Reviews John Grisham’s The Litigators at Litigation & Trial Lawyer Blog.A few months ago I was talking with a retired lawyer with a mass tort claim that fit squarely…
May 15
Never Trust A Vampire Squid: Merger Clauses & Fraudulent Inducement

Never Trust A Vampire Squid: Merger Clauses & Fraudulent Inducement

© Max Kennerly. The original for this post is Never Trust A Vampire Squid: Merger Clauses & Fraudulent Inducement at Litigation & Trial Lawyer Blog.Rolling Stone’s Matt Taibbi described Goldman Sachs as “a great…
May 14
Software Patents Are “The Plaything Of The Judges”

Software Patents Are “The Plaything Of The Judges”

© Max Kennerly. The original for this post is Software Patents Are “The Plaything Of The Judges” at Litigation & Trial Lawyer Blog.Last week, a bunch of banks won a major federal appellate court victory. That’s no…

Rank this Week: 923

EvidenceProf Blog

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

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

May 24
I'll Admit It: Is Rule 608(b) Evidence "Admissible"?

I'll Admit It: Is Rule 608(b) Evidence "Admissible"?

Federal Rule of Evidence 608(b) provides that Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character…
May 23
Uninsurable: Court of Appeals of Rhode Island Finds No Problem With Judge's Sua Sponte Insurance Instruction

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

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

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

Similar to its federal counterpart, Kentucky Rule of Evidence 407 provides that When, after an event, measures are taken which, if taken previously, would have made an injury or harm allegedly caused by the event less likely to occur,…

Rank this Week: 956

Delaware Business Litigation…

Delaware Business Litigation Report

Offers case summaries of Delaware court decisions in business-related litigation. By Morris James.

http://www.delawarebusinesslitigation.com/

May 21
Court Of Chancery Upholds Caremark Complaint

Court Of Chancery Upholds Caremark Complaint

In re China Agritech Inc. Shareholder Derivative Litigation, C.A. 7163-VCL (May 21, 2013) One of the harder aspects of practicing Delaware corporate law is dealing with all the decisions. This is an excellent summary of current Delaware…
May 17
Court Of Chancery Explains Exculpation Clause

Court Of Chancery Explains Exculpation Clause

Anvil Holding Corporation v. Iron Acquisition Corporation, C.A. 7975-VCP (May 17, 2013) Many acquisition agreements contain provisions that are intended to limit the buyer's remedies. This decision explains what language to use to…
May 16
Is the Court of Chancery Reforming Merger Litigation?

Is the Court of Chancery Reforming Merger Litigation?

Authored by Edward M. McNally This article was originally published in the Delaware Business Court Insider | May 15, 2013 There is an uproar going on about the practice of filing suit over every merger announced for a publicly…

Rank this Week: 967

California Business Litigation…

California Business Litigation Blog

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

http://www.californiabusinesslitigation.com/

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

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

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

Retaliation Lawsuit Filed After Social Media Posting

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

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

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

Rank this Week: 985

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/

May 18
Experiences of the Self-Represented

Experiences of the Self-Represented

It's tough enough to handle litigation when you're a lawyer, but it's incredibly stressful and daunting when you don't.CBC's Day Six has a 15-minute story on self-represented litigants (May 18, 2013). It begins with a moving interview of…
May 9
Lawyers Who Defend Accused Terrorist

Lawyers Who Defend Accused Terrorist

What's it like to defend a high-profile terrorism defendant? See: Ron Scherer, Lawyers who defend terror suspects have thankless task. Why do they do it?, Christian Science Monitor, April 30, 2013. Tamar Rebecca Birckhead, To Defend a…
Apr 4
Convicting the Innocent

Convicting the Innocent

You've heard of people who were shown by DNA evidence to be innocent of the crimes they were imprisoned for. How can that happen? What can we learn from it?Prof. Brandon Garrett (with the help of a team of research assistants) found out all…

Rank this Week: 976

At Counsel Table

Covers the craft and business of the courtroom lawyer. By Alex Craigie.

http://atcounseltable.wordpress.com

May 22
Preparing Your Witness For A “Reptile” Deposition

Preparing Your Witness For A “Reptile” Deposition

In my last post, I attempted to describe what has come to be known as the Reptile technique of discovery and trial presentation, as advocated in the book, Reptile: the 2009 Manual of the Plaintiff’s Revolution. Again, the goal with…
May 20
Beware The “Reptile” Lawyer

Beware The “Reptile” Lawyer

For many, the words “lawyer” and “reptile” are probably synonymous. Since 2009, however, some lawyers have sought to transform the courtroom into a reptilian battleground. That year, attorney Don Keenan and jury…
May 13
Want Clients? Look To Those Who Care About You Most

Want Clients? Look To Those Who Care About You Most

One of the first things a business development coach will tell you is to identify people whom you believe can help you in your quest to build a practice. If you’re like me, this might cause you to look around and compile a list of…

Rank this Week: 993

Dispute Resolution in Germany

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

http://www.disputeresolutiongermany.com/

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

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

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

Human Rights, Flattr and amnesty international

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

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

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

Rank this Week: 1004

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/

May 24
Jury New

Jury New

USA Today: Jodi Arias Juror #9 exits alone and aloof Connecticut Law Tribune: Juror's Online Research Forces New Trial Emporia Gazette: Judge: Juror committed contempt at murder trial New York Post: Joe Francis 'deeply regrets' explosive rant…
May 17
Motion to Investigate Juror

Motion to Investigate Juror

Prosecutors in the Whitey Bulger trial recently requested that they be permitted to run criminal background checks on prospective jurors. Not surprisingly, Bulger's attorneys are opposing the government's request. Bulger's attorneys claim…
May 15
MD Judge Prohibits Attorney from Researching Jurors Online

MD Judge Prohibits Attorney from Researching Jurors Online

According to the news story below, a judge in Montgomery County, Maryland has denied a defense attorney's request to research jurors online. Apparently, the judge finds the practice "totally inappropriate." The case in which the…

Rank this Week: 1015

For the Defense

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

http://forthedefense.org/ftd.aspx

May 23
Ethics in the Virtual Office

Ethics in the Virtual Office

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

Employers Challenging the Authority of NLRB

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

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

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

Rank this Week: 1035

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/

May 20
Fraud on the court, Engle-class decision, Jordanian law, and sage-rubbed roasted free range chicken, tomato-rosemary rissoto

Fraud on the court, Engle-class decision, Jordanian law, and sage-rubbed roasted free range chicken, tomato-rosemary rissoto

Bankruptcy -- Voidable transfers -- Fraud -- Cash dividend transferred to shareholder in amount equal to shareholder's income tax attributable to his share of debtor's S-corporation taxable income was not avoidable -- Debtor received…
May 16
Criminal charges dropped against Florida teen iniitially charged with adult felony after she mixed household chemicals in water bottle that exploded on school grounds.

Criminal charges dropped against Florida teen iniitially charged with adult felony after she mixed household chemicals in water bottle that exploded on school grounds.

"All criminal charges have been dropped against a Florida teen who initially faced an adult felony case after she mixed household chemicals in a water bottle and it exploded on school grounds. Kiera Wilmot, 16, has said the incident was a…
Apr 22
Certiorari, offers of judgment, prevailing parties, mortgage foreclosure, and herbed Southern biscuits with goat cheese rolled in lavender-bee pollen-tupelo honey, and homemade strawberry jam and fig preserve

Certiorari, offers of judgment, prevailing parties, mortgage foreclosure, and herbed Southern biscuits with goat cheese rolled in lavender-bee pollen-tupelo honey, and homemade strawberry jam and fig preserve

Appeals -- Certiorari -- No basis for certiorari review regarding grant of motion for protective order as to interrogatories and order declaring plaintiff a “vexatious litigant” -- Jurisdiction -- Appeal of dismissal for failure…

Rank this Week: 1036

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
Surrogate Refuses To Nullify Testator's Choice Of Fiduciary

Surrogate Refuses To Nullify Testator's Choice Of Fiduciary

The New York Law Journal has reported a decision of Nassau County Surrogate Edward McCarty III in the matter of the Will of Barboni, 2013-373014(April 25) which upheld the nomination of an executor whose two children both contested the…
May 12
Summary Judgment Granted To Void Trust For Lack Of Capacity

Summary Judgment Granted To Void Trust For Lack Of Capacity

Richmond County Surrogate Robert J. Gigante has ruled that a trust executed by an 88 year old decedent 61 days before her death was void for lack of mental capacity in the Matter of the Estate of Muriel Donaldson reported at 956 NYS2d…
Apr 4
Adjournment Of 1404 Examination Extends Time To File Objection

Adjournment Of 1404 Examination Extends Time To File Objection

The Supreme Court's Appellate Division has affirmed an order issued by Nassau County Surrogate Edward McCarty in the Matter of Palma A. Pascale 102 AD 3rd 796 which granted objectant's motion to compel production of certain documents…

Rank this Week: 1045

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