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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Aug 24

    Petition of the day

    Petition of the day
    The petition of the day is: Honeycutt v. United States 16-142 Issue: Whether 21 U.S.C. § 853(a)(1) mandates joint and several liability among co-conspirators for forfeiture of the reasonably foreseeable proceeds of a drug…
  • Aug 23

    Tuesday round-up

    Tuesday round-up
    At Vox, Dylan Matthews contends that the “unfilled vacancy of Antonin Scalia’s seat combined with a Hillary Clinton victory in November could set the Court on a new course.”  At MinnPost, Paul Anderson – a retired…
  • Aug 22

    Petition of the day

    Petition of the day
    The petition of the day is: J & K Admin. Mgmt. Services, Inc. v. Robinson 16-95 Issue: Whether an arbitration clause that does not expressly address the availability of class or collective arbitration is sufficient to defer the…
Rank this Week: 10

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
  • Aug 23

    Legal Publisher in Munich seeks assistant for European Commission co-funded unalex project

    Legal Publisher in Munich seeks assistant for European Commission co-funded unalex project
    Project “unalex – multilingual information for the uniform interpretation of the instruments of judicial cooperation in civil matters” English or German native speaker with law degree and knowledge / experience in…
  • Aug 22

    New Edition: Canadian Textbook on Conflict of Law

    New Edition: Canadian Textbook on Conflict of Law
    Irwin Law has published (August 2016) the second edition of Conflict of Laws by Stephen Pitel (Western University) and Nicholas Rafferty (University of Calgary).  This treatise aims to explain and analyze the rules of the…
  • Aug 11

    Out now: Fundamental Questions of European Private International Law

    Out now: Fundamental Questions of European Private International Law
    Stefan Arnold from the University of Graz has edited a volume on fundamental questions of European Private International Law (Grundfragen des Europäischen Kollisionsrechts, Mohr Siebeck 2016, VII + 167 pages, ISBN 978-3-16-153979-4).…
Rank this Week: 26

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
  • Aug 24

    Programming note

    Programming note
    Programming note: This evening, I will be in Washington, DC watching the Washington Nationals host the Baltimore Orioles, attending the game with a DC-based baseball superfan. As a result, additional posts will appear here on Thursday…
  • Aug 24

    "Victims of attacks in Israel lose U.S. appeal vs Lebanese bank"

    "Victims of attacks in Israel lose U.S. appeal vs Lebanese bank"
    "Victims of attacks in Israel lose U.S. appeal vs Lebanese bank": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
  • Aug 24

    "One sitting judge and two aspiring judges from Kentucky wish to exercise their free-speech rights during this and future judicial elections."

    "One sitting judge and two aspiring judges from Kentucky wish to exercise their free-speech rights during this and future judicial elections."
    "One sitting judge and two aspiring judges from Kentucky wish to exercise their free-speech rights during this and future judicial elections." So begins an opinion that Circuit Judge Jeffrey S. Sutton issued today on behalf of a unanimous…
Rank this Week: 27

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: 29

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: 54

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 59

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: 72

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: 76

Litigation and Trial

Litigation and Trial

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

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

    Why Drug Companies Oppose “Free To Choose” Medicine

    Why Drug Companies Oppose “Free To Choose” Medicine
    Thirty-one states have passed “Right To Try” legislation that, in theory, makes it easier for patients with terminal diagnoses to use drugs that are in the investigational stage but haven’t yet been approved by the FDA. I…
  • Jul 18

    No Sympathy For The Corporate Defendant

    No Sympathy For The Corporate Defendant
    There are a few truisms in civil jury trial practice, one of which is: don’t make an appeal to sympathy. See, e.g., Arnold v. E. Air Lines, Inc., 681 F.2d 186, 196-200 (4th Cir. 1982)(“the blatant, direct appeal for sympathy in…
  • Jul 11

    Pokémon GO Players Need To Send This Email Immediately

    Pokémon GO Players Need To Send This Email Immediately
      Here’s the punchline: if you play Pokémon GO, then, within thirty (30) days of downloading it, you need to send an email to termsofservice@nianticlabs.com with the subject “Arbitration Opt-out Notice” in…
Rank this Week: 110

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: 180

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: 208

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: 229

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Aug 11

    Patent Plaintiff’s Lawyer Ray Niro Passes Away

    Patent Plaintiff’s Lawyer Ray Niro Passes Away
    Ray Niro passed away Monday at the age of 73 in Italy. Most readers will know Ray Niro as the original patent plaintiff’s lawyer. Ray was bigger than life, as was his reputation — both good and bad depending upon where you view…
  • Jul 25

    2016 Rocky Mountain IP Conference: Mark Lemely Year in Patent Review

    2016 Rocky Mountain IP Conference: Mark Lemely Year in Patent Review
    I attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. As usual, Mark Lemely reviewed the last year in patent law at the Federal Circuit. Here are some highlights: 101 jurisprudence 42 cases holding…
  • Jul 22

    2016 Rocky Mountain IP Conference: PTAB Year in Review

    2016 Rocky Mountain IP Conference: PTAB Year in Review
    I attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. This panel looked at the PTAB case law and related Federal Circuit decisions over the last year.  Here are the highlights: Institution…
Rank this Week: 241

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: 247

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Aug 24

    Changing Times for Personal Injury Lawyer

    Changing Times for Personal Injury Lawyer
    Earlier today I received this email from a law firm: I was looking at your website and noticed that you handle product liability cases. We (XXXXXX) are a co-counsel/case acquisition firm. There may be some synergy between our two firms…
  • Aug 23

    Plaintiff Permitted to Proceed on Multiple Theories of Liability

    Plaintiff Permitted to Proceed on Multiple Theories of Liability
    In Commercial Painting Co., Inc. v. The Weitz Co., LLC, No. W2013-01989-COA-R3-CV (Tenn. Ct. App. June 20, 2016), the Court of Appeals reversed a trial court’s grant of summary judgment on claims for negligent and intentional…
  • Aug 16

    Liability of Public Hospital Where Allegations Related to Non-Employee Doctor

    Liability of Public Hospital Where Allegations Related to Non-Employee Doctor
    In Gilreath v. Chattanooga-Hamilton County Hosp. Authority, No. E2015-02058-COA-R3-CV (Tenn. Ct. App. June 15, 2016), the Court of Appeals affirmed summary judgment for defendant hospital in a Tennessee health care liability  (formerly…
Rank this Week: 263

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

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

    Executors Should Beware Of Serious Pitfall

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

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

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

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate
    Prior to the commencement of a probate proceeding or an administration proceeding, the attorney for the estate will normally send a waiver consenting to the admission of the will to probate or to the appointment of an administrator to all…
Rank this Week: 258

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/
  • Aug 24

    Supreme Court Is Fodder for Late-Summer Reading

    Supreme Court Is Fodder for Late-Summer Reading
    That the title of Tony Mauro's Law.com article here, about the "new era of Supreme Court literature" we're enjoying right now. Books noted in the article include:Secret JusticeThe Advocate's DaughterGuilty MindsLouis D. Brandeis, American…
  • Aug 24

    Settled Statements statement

    Settled Statements statement
    2/7 publishes an opinion today on settled statements, here, that begins:Litigants in California may exercise their right to appeal without obtaining and transmitting to the Court of Appeal a verbatim transcript of the oral proceedings in…
  • Aug 24

    The Recorder to go 100% digital in September

    The Recorder to go 100% digital in September
    In News about the News:The Recorder's last print issue will be Sept. 26. After that, it's online only! Details here.1. How is The Recorder being reinvented?The Recorder will expand our news and enterprise coverage through our daily digital…
Rank this Week: 333

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

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

    A Look at Filing Statistics for Labor and Employment Cases in Federal Court

    A Look at Filing Statistics for Labor and Employment Cases in Federal Court
    Mississippi Bar Labor and Employment Section Chair Nick Norris recently provided me with the section’s research regarding labor and employment filings in federal court for 2005 – 2014. Here it is: Labor and Employment Section…
  • Aug 23

    Details Slowly Emerge in Hinds County Million-Plus Med-Mal Verdict

    Details Slowly Emerge in Hinds County Million-Plus Med-Mal Verdict
    I received a report last week of a $1.3 million verdict in Hinds County in a medical malpractice case. I have been hampered in putting together a report on the verdict because the Complaint predates electronic filing in Hinds County and the…
  • Aug 19

    Jury Acquits Mikal Watts in BP Oil Spill Fraud Trial

    Jury Acquits Mikal Watts in BP Oil Spill Fraud Trial
    On Thursday a federal court jury in Gulfport acquitted Texas lawyer Mikal Watts and two other employees of his law firm on fraud charges related to BP oil spill claims. The jury convicted two defendants who made up fictitious claimants and…
Rank this Week: 328

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: 318

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • May 26

    Judge: Still No to Obama Immigration Action

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

    Art Activists: New York City Halted Museum Protest Speech

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

    Court of Appeals Allows Reprieve for Tobacco Firms on Package Message

    Court of Appeals Allows Reprieve for Tobacco Firms on Package Message
    The tobacco industry won’t have to include messages on their packaging indicating of them lying to American public, according to a federal court of appeals ruling in Washington, D.C. The federal court of appeals last week ruled that tobacco…
Rank this Week: 337

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Jul 26

    Timing of orders for interim costs payment

    Timing of orders for interim costs payment
    I have previously commented on the issue of the timing of orders for interim costs payments. CPR 44.2(8) reads: “Where the court orders a party to pay costs subject to detailed assessment, it will order that party to pay a reasonable…
  • Jul 24

    Offers in detailed assessment proceeding

    Offers in detailed assessment proceeding
    On Day One of Contract Law they teach you that if a party makes an offer (“Offer A”) and the other party rejects the offer, the rejection of the offer means Offer A is no longer open for acceptance in the future. They also teach…
  • Jul 21

    Law Costs Firm of the Year – Gibbs Wyatt Stone

    Law Costs Firm of the Year – Gibbs Wyatt Stone
    I am delighted to announce that Gibbs Wyatt Stone has won the prestigious ‘Law Costs Firm of the Year’ award. I have to confess that this did not come as a complete surprise.  Readers may recall we had previously been awarded…
Rank this Week: 412

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: 413

Blawgletter

Blawgletter

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

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

    Join The Contingency

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

    Blawgletter® Has Moved!

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

    DNA and Pricing Patents Fall to Mayo and Alice

    DNA and Pricing Patents Fall to Mayo and Alice
    Unpatentable subject matter A pair of Federal Circuit opinions last week rejected patents involving patent-ineligible subject matter. What does that include, you ask? As Blawgletter noted last year in "You Still Can't Patent Ideas":…
Rank this Week: 428

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/
  • Aug 24

    Second Circuit Opinion on the Alien Tort Statute: Licci v. Lebanese Canadian Bank

    Second Circuit Opinion on the Alien Tort Statute: Licci v. Lebanese Canadian Bank
    Today the U.S. Court of Appeals for the Second Circuit handed down another post-Kiobel decision on the Alien Tort Statute (ATS). Licci v. Lebanese Canadian Bank involves claims against a Lebanese bank alleging that they provided international…
  • Aug 23

    Call for Papers: New Voices in Conflict of Law

    Call for Papers: New Voices in Conflict of Law
    I recently received a Call for Papers from the AALS Section on Conflict of Laws, which will be holding a program entitled New Voices in Conflict of Laws at the AALS annual meeting in January 2017. Here’s the submission procedure:...
  • Aug 23

    Sant’Ambrogio & Zimmerman on the Agency Class Action

    Sant’Ambrogio & Zimmerman on the Agency Class Action
    Michael Sant'Ambrogio and Adam Zimmerman have posted on SSRN a draft of their article, Inside the Agency Class Action, which will be published in the Yale Law Journal. Here’s the abstract: Federal agencies in the United States hear almost…
Rank this Week: 471

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Aug 24

    Psychopathy Personality Inventory—Revised (PPI-R) Scale 

    Psychopathy Personality Inventory—Revised (PPI-R) Scale 
    We wrote about this scale in our last post when researchers (trying to convince the reader there is such a thing as a good psychopath for you to hire) used it in a study of German adults. The PPI-R is apparently a measure of psychopathy that…
  • Aug 22

    Listen up, HR folks! There are ‘good’ psychopaths for you to hire!

    Listen up, HR folks! There are ‘good’ psychopaths for you to hire!
    While those of you who have worked with (or lived with) functional psychopaths before may want to scream “Danger, Will Robinson!” — an international group of researchers (studying German research participants) have…
  • Aug 19

    Psychopaths brains work differently—at least when  they are criminal psychopath

    Psychopaths brains work differently—at least when  they are criminal psychopath
    This will shock you, or maybe relieve you: Psychopaths are different from the rest of us. Here’s another article saying there are measurable differences in how the brains of how criminal psychopaths work (and look) when compared to…
Rank this Week: 469

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
Rank this Week: 470

Workplace Class Action Blog

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/
Rank this Week: 461

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
  • Aug 24

    The Big Switch: Answers to Questions about Changing Practice Area

    The Big Switch: Answers to Questions about Changing Practice Area
    The following is a guest blog post by Laura Boysen-Aragon, a former practicing attorney and now a legal recruiter at Solutus Legal Search, LLC. This blog entry is the second of a two-part series, in response to questions submitted by our…
  • Aug 22

    Getting a Gun Violence Restraining Order

    Getting a Gun Violence Restraining Order
    According to an alarming 2014 FBI study, nearly 68% of homicides involved the use of firearms, with over a quarter of victims killed by a family member. From these numbers alone, it’s clear to see the urgency of a…
  • Aug 19

    What’s Confidential Among Co-Clients?

    What’s Confidential Among Co-Clients?
    Whenever you represent multiple clients on the same subject matter, there are confidentiality issues that can come up—and trip you up. An attorney has a duty not to disclose a client’s confidential communications or secrets. Bus…
Rank this Week: 598

The Florida Jury Selection Blog

The Florida Jury Selection Blog

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

http://www.juryblog.com
  • May 12

    “I don’t believe in the jury system”

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

    Fundamental Error to Restrict Lawyer’s Questions During Voir Dire

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

    How to Save a Potentially Contaminated Jury Panel

    How to Save a Potentially Contaminated Jury Panel
    During jury selection in a civil trial a prospective juror stated in open court that he was familiar with one of the defendant’s expert medical witnesses. The juror said the expert had “kind of screwed-up my dad’s…
Rank this Week: 580

Trial Ad Notes

Trial Ad Notes

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

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

    National Academies reports - Growth of Incarceration

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

    Evidence-Based Practice in Criminal Defense

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

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded
    Interesting case from New York: Joel Stashenko, Conviction Reversed as Expert Barred from Testifying, N.Y.L.J., April 3, 2015.The case is People v. McCullough, 11-01614 (N.Y. Sup. Ct., App. Div. March 27, 2015), link to court website
Rank this Week: 648

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Aug 23

    Judge Nealon of Lackawanna County Again Reviews Validity of Punitive Damages Claims in Asbestos Litigation

    Judge Nealon of Lackawanna County Again Reviews Validity of Punitive Damages Claims in Asbestos Litigation
    In his recent decision in the asbestos litigation case of Horst v. Union Carbide Corp., No. 2015-CV-1903 (C.P. Lacka. Co. July 26, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas reviewed Motions for…
  • Aug 17

    Corrected Link for Gowton v. State Farm

    Corrected Link for Gowton v. State Farm
    Here is a corrected LINK to the Gowton v. State Farm Fire & Casualty Company, No. 2:15-CV-01164-CB (W.D. Pa. June 29, 2016 Bissoon, J.) bad faith decision referenced on Tort Talk yesterday.I apologize for any confusion caused.
  • Aug 17

    Allegedly Low Settlement Offer, In and Of Itself, Insufficient to Support Bad Faith Claim

    Allegedly Low Settlement Offer, In and Of Itself, Insufficient to Support Bad Faith Claim
    In Gowton v. State Farm Fire & Casualty Company, No. 2:15-CV-01164-CB (W.D. Pa. June 29, 2016 Bissoon, J.), the court dismissed the Plaintiff's Complaint after finding that the Plaintiff's conclusory allegation that the carrier refused to…
Rank this Week: 670

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
  • Aug 22

    Asbestos Litigation and Our Veteran

    Asbestos Litigation and Our Veteran
    There are approximately 25 million veterans from all wars and all branches of service in the U.S., some at risk of developing mesothelioma or another fatal asbestos disease as a result of asbestos exposure. Veterans comprise 30% of all known…
  • Jul 17

    Mediation and Personal Injury Case

    Mediation and Personal Injury Case
    Personal injury cases should end in settlement, but often times there is no resolution, leading to frustration for those in the mediation. In this edition of Ringler Radio, host Larry Cohen joins co-host and colleague, Manny Valdez, Sr. and…
  • Jul 6

    The NFL Concussion Lawsuit Settlement: Part Two

    The NFL Concussion Lawsuit Settlement: Part Two
    In Part Two of this two part series on Ringler Radio, host Larry Cohen joins Attorney Daniel S. Chamberlain, as Dan gives the latest update on the NFL Concussion Lawsuit Settlement. Don't miss it!
Rank this Week: 707

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/
  • Jun 25

    PFAC 2016 Annual Conference

    PFAC 2016 Annual Conference
    Fiduciary standards, as they relate to product suitability specifically, and to business practices generally, can be expected to become more significant factors in product sales for the traditional structured settlement market as it continues…
  • May 18

    S2P2J Release 59

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

    NSSTA 2016 Annual Conference

    NSSTA 2016 Annual Conference
    Len Blonder is a structured settlement pioneer now beginning an unprecedented third term as President of the National Structured Settlement Trade Association (NSSTA). It may seem counterintuitive, therefore, or perhaps wishful thinking, but…
Rank this Week: 702

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Aug 22

    Must the judge read the jury instructions to the jurors? (People v. Gary Traver)

    Must the judge read the jury instructions to the jurors? (People v. Gary Traver)
    The answer to that question appears to be "yes" at least in Michigan. I say appears because an appellate court this month, in People v. Gary Traver, overturned a defendant's firearm convictions because the judge not only gave…
  • Aug 17

    Upcoming Conference: Trial by Jury of Patent Case

    Upcoming Conference: Trial by Jury of Patent Case
    We hope you can join us on Friday, September 30th, in NYC for a conference bringing together distinguished federal jurists, academics, and practitioners to discuss current issues and trends in how patent jury trials are conducted. The…
  • Aug 16

    Narrative, Theatre and the Disruptive Potential of Jury Directions for Rape Trial

    Narrative, Theatre and the Disruptive Potential of Jury Directions for Rape Trial
    Kirsty Duncanson Emma Henderson Narrative, Theatre and the Disruptive Potential of Jury Directions for Rape Trials Abstract: The Australian state of Victoria has, over the past thirty years, introduced and made numerous reforms to a set of…
Rank this Week: 803

The Law of Evidence

The Law of Evidence

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

http://jesselangelevidence.blogspot.com
  • Jul 20

    Relevance | Problem 1

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

    Introduction to Relevance

    Introduction to Relevance
    Black’s Law Definition:“Relevant” evidence logically connects to — and tends to prove or disprove — a matter at issue. It has appreciable probative value. That is, it rationally tends to persuade of the…
  • Jul 11

    Impeachment | Problem 33

    Impeachment | Problem 33
    P sues D for defamation. To prove that the defamatory statement was made, P calls W1 who testifies that he was in a group of P’s business colleagues when D told the group that P was a “con man.” During its case-in-chief, D…
Rank this Week: 791

The California Blog of Appeal

The California Blog of Appeal

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

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

    The 2015 edition of the California Litigation Review is Out

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

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

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

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

    Insight into the Supreme Court’s decisions on whether to hear case
    The Los Angeles Times has a story today on Justice Goodwin Liu, or, more particularly, on how his two recent lengthy dissents from orders denying review give some insight into what the court’s reasoning was. Usually, an order…
Rank this Week: 798

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/
  • Aug 19

    Led Zeppelin Wins Lawsuit; Can’t Collect Legal Fee

    Led Zeppelin Wins Lawsuit; Can’t Collect Legal Fee
    Judge R. Gary Klausner has ruled that Led Zeppelin may not collect almost $800,000 in defense fees from the plaintiffs in a recent copyright lawsuit. Earlier, the copyright infringement case was settled in the band’s favor. The lawsuit…
  • Aug 11

    We are Always Looking for One or Two More Good Clients . . . Even When Business is Great

    We are Always Looking for One or Two More Good Clients . . . Even When Business is Great
    One of the questions people ask me frequently is about whether we are accepting new clients. While the short answer is “Yes”, here is some additional information which many people find interesting . . .
  • Aug 5

    Snapchat Sued Under Illinois Law

    Snapchat Sued Under Illinois Law
    Most people think Snapchat is just a fun messaging app. They use it to send photos and videos that self-destruct seconds after being viewed. Snapchat also features an app that makes it possible to creatively alter photographs. Known as…
Rank this Week: 883

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: 830

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/
  • Aug 22

    Jotwell 2016 Summer Break

    Jotwell 2016 Summer Break
    Jotwell is taking a short summer break. Posting will resume on Tuesday, September 5. However, even while we’re on break, we’ll be accepting submissions, editing them, and preparing a new section that we plan to be launching very…
  • Aug 19

    When Physical Harm Is Threatened but Not Realized: Who Should Pay?

    When Physical Harm Is Threatened but Not Realized: Who Should Pay?
    Donal Nolan, Preventive Damages, 132 Law Q. Rev. 68 (2016), available by subscription at Westlaw.Ellen BublickThe recent Restatement Third of Torts divides U.S. tort law into separate categories of harm. Liability for physical injury is…
  • Aug 18

    Understanding Unconstitutional Amendments: Reflections on Comparative Constitutional Doctrine and Method

    Understanding Unconstitutional Amendments: Reflections on Comparative Constitutional Doctrine and Method
    Rosalind Dixon & David Landau, Transnational Constitutionalism and a Limited Doctrine of Unconstitutional Constitutional Amendment, 13 Int’l J. Const. L. 606 (2015).Hoi KongRosalind Dixon and David Landau’s Transnational…
Rank this Week: 922

Litigation & Dispute Resolution…

Litigation & Dispute Resolution Blog

Covers case law and current events relevant to civil litigation in Canada. By Davis LLP.

http://www.davis.ca/en/blog/litigation/
Rank this Week: 973

Trial Advocacy Blog

Trial Advocacy Blog

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

http://indexhtml.blogspot.com/
  • Mar 11

    Temple Law alum vies for vacant Montana Supreme Court seat

    Temple Law alum vies for vacant Montana Supreme Court seat
    Copyright 2014 Great Falls TribuneAll Rights ReservedGreat Falls Tribune (Montana)March 9, 2014 Sunday1 EditionSECTION: A; Pg. 1LENGTH: 1677 wordsHEADLINE: 15 vie for vacant state Supreme Court seatBYLINE: By, John S.…
  • Nov 21

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law
    Once classmates, now law partners, attorneys Samuel H. Pond and Jerry M. Lehocky have found a way to give back to the institution that launched their highly successful careers in law. The two partners at Philadelphia-based Pond Lehocky Stern…
  • Nov 14

    August/September 2013 Law Library Acquisition

    August/September 2013 Law Library Acquisition
    Administrative LawFederal administrative law / by Gary Lawson.Lawson, Gary, 1958-St. Paul, Minn. : West, c2013.TZ2 L445 2013 Administrative Law Developments in Administrative Law and Regulatory Practice, 2012 / edited by Jeffery S. …
Rank this Week: 967

Wines and Information Management…

Wines and Information Management (WIM)

In-house counsel blawg on e-disovery, the impact of IT on the law and vice versa, information/knowledge management and wines. By Dominic Jaar.

http://dominicjaar.blogspot.com/
Rank this Week: 990

Expert Witness Blog

Expert Witness Blog

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

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

    Exclusion of Neuropsychology Expert Testimony Affirmed by New Hampshire Supreme Court

    Exclusion of Neuropsychology Expert Testimony Affirmed by New Hampshire Supreme Court
    Expert witness was challenged on the type of tests used to assess neuropsychological deficits after plaintiffs were exposed to lead paint. Facts:  This case (Osman v. Lin – Supreme Court of New Hampshire – August 23rd, 2016)…
  • Aug 22

    Forensic Engineers’ Expert Testimony on Alleged Hair Dryer Failure Allowed.

    Forensic Engineers’ Expert Testimony on Alleged Hair Dryer Failure Allowed.
    Two forensic engineers were hired to offer their opinions on the alleged failure of a hair dryer.  Both motions to exclude their testimony were denied. Facts:  This case (Czuchaj v. Conair Corp – United States District Court…
  • Aug 19

    Slip, Trip & Fall Expert Witness Testimony Affirmed By Ninth Circuit

    Slip, Trip & Fall Expert Witness Testimony Affirmed By Ninth Circuit
    Appeals court affirms opinion of the district court excluding the expert opinion hired by plaintiffs. Facts:  This case (Alsip v. Wal- Mart Stores E., LP – United States Court of Appeals for the Eleventh Circuit – August…
Rank this Week: 1127

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Aug 24

    What Can The Far Side and a Jigsaw Puzzle Teach Us About Guilt Beyond a Reasonable Doubt?

    What Can The Far Side and a Jigsaw Puzzle Teach Us About Guilt Beyond a Reasonable Doubt?
    Here's a hypothetical I just created to teach my Criminal Law students about proper and improper prosecutorial descriptions of the concept of guilt beyond a reasonable doubt: Hypothetical Jamario Hill is charged with first-degree burglary.…
  • Aug 22

    A First Take on the State's Conditional Application for Limited Remand

    A First Take on the State's Conditional Application for Limited Remand
    From the State's Conditional Application for Limited Remand Today, the Maryland Attorney General filed a "Conditional Application for Limited Remand." That application is based upon the allegation that Asia McClain told two sisters…
  • Aug 22

    Consider Supporting the Petition Asking Mike Pence to Pardon Keith Cooper

    Consider Supporting the Petition Asking Mike Pence to Pardon Keith Cooper
    Back in January, I posted an entry about Kristine Guerra's "Stolen Freedom," a series of stories that examined "the issue of wrongful imprisonment and shares the stories of people who have suffered this injustice." The…
Rank this Week: 1077

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Aug 23

    Expert Evidence and Daubert Challenges in Talcum Powder Litigation

    Expert Evidence and Daubert Challenges in Talcum Powder Litigation
    Berg v. Johnson & Johnson Consumer Cos.  was one of the first lawsuits in which products containing talcum... Read More The post Expert Evidence and Daubert Challenges in Talcum Powder Litigation appeared first on The Expert…
  • Aug 23

    Expert Perspectives – Applying Video Evidence in Accident Reconstruction

    Expert Perspectives – Applying Video Evidence in Accident Reconstruction
    This article presents how the application of security and on-board vehicle camera videos may be applied to traffic... Read More The post Expert Perspectives – Applying Video Evidence in Accident Reconstruction appeared first on The…
  • Aug 16

    Using Demonstrative Exhibits with Expert Witnesses – Tips and Best Practice

    Using Demonstrative Exhibits with Expert Witnesses – Tips and Best Practice
    Today’s jurors consume information differently than they have in the past. With the rise of the internet and... Read More The post Using Demonstrative Exhibits with Expert Witnesses – Tips and Best Practices appeared first on The…
Rank this Week: 1008