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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Jul 4

    This week at the Court

    This week at the Court
    The Court is in summer recess.
  • Jul 3

    Friday round-up

    Friday round-up
    With the Court now in its summer recess, some coverage and commentary focus on overviews of the Term more generally.  NPR’s Nina Totenberg and this blog’s Tom Goldstein discuss the Term with Robert Siegel, while at the Los…
  • Jul 2

    Review of new Arizona election case narrowed

    Review of new Arizona election case narrowed
    The Supreme Court on Thursday narrowed somewhat its plan to review the work of the independent Arizona agency that drew new election districts for the state legislature after the latest census.  In a new order, the Court said it would…
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
  • Jun 30

    Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2015: Abstract

    Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2015: Abstract
    The latest issue of the “Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)” features the following articles: Holger Jacobs, The necessity of choosing the law applicable to non-contractual claims in international…
  • Jun 28

    The Asian Market for Contract

    The Asian Market for Contract
    In continuation of my previous work on the international attractiveness of contract laws in ICC arbitration, I have posted the draft of a new empirical study focusing on Asia (The Laws of Asian International Business Transactions). It is…
  • Jun 25

    I have been asked by Giacomo Pailli,…

    I have been asked by Giacomo Pailli, Università degli Studi, Florence, to spread the word about this study on the service of documents. Good luck with it! The EU Commission has recently launched a European-wide study on the…
Rank this Week: 18

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 27

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: 44

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: 46

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
  • Jul 1

    Canadian appellate court reduces record-setting $4.5 million punitive damages award

    Canadian appellate court reduces record-setting $4.5 million punitive damages award
    The StarPhoenix of Saskatoon reports that an appellate court in Saskatchewan has reduced an "unprecedented" $5 million damages award in an insurance bad faith case.The plaintiff claimed that two insurance companies unreasonably denied his…
  • Jul 1

    New York jury awards $16 million in punitive damages in sexual harassment case

    New York jury awards $16 million in punitive damages in sexual harassment case
    This story in the New York Daily News reports that a federal jury in Manhattan has awarded $2 million in compensatory damages and $16 million in punitive damages to a plaintiff who claimed that her employer sexually harassed her and then…
  • Jun 8

    San Bernardino jury awards $2 million in punitive damages in murder-for-hire case

    San Bernardino jury awards $2 million in punitive damages in murder-for-hire case
    The Associated Press reported over the weekend that a San Bernardino jury awarded $2 million in punitive damages, on top of $4.5 million in compensatory damages, to a man who claimed that the defendants plotted to murder him.  According…
Rank this Week: 66

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Jun 23

    Ted Frank And The Real Risk Of Class Action

    Ted Frank And The Real Risk Of Class Action
    Tort reformer Ted Frank and I have had our disagreements over the years. (See here and here.) In recent years, he has focused his work on filing objections to class action settlements through the Center for Class Action Fairness. Some of his…
  • May 26

    Your “Motion To Strike” My Witness’ Deposition Testimony Is Denied

    Your “Motion To Strike” My Witness’ Deposition Testimony Is Denied
    As I wrote three years ago, one of the ‘basics’ as a young litigator is to learn how to take a deposition. Depositions are so commonplace in civil litigation — even the smallest of soft-tissue limited-tort car accident cases…
  • Apr 8

    Phi Kappa Psi’s Doubtful Defamation Claim Against Rolling Stone

    Phi Kappa Psi’s Doubtful Defamation Claim Against Rolling Stone
    Rolling Stone’s recent article, “A Rape on Campus,” needs no introduction. (If you really need one, check the extensive Wikipedia article.) On April 5, Rolling Stone formally retracted the article and published an extensive…
Rank this Week: 64

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: 71

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/
  • Jul 3

    U.S. Supreme Court Issues Ruling Favorable To Employers Involved In Disparate-Impact Litigation

    U.S. Supreme Court Issues Ruling Favorable To Employers Involved In Disparate-Impact Litigation
    By Christopher M. Cascino and Gerald L. Maatman, Jr. On June 25, 2015, the U.S. Supreme Court issued a 5 to 4 ruling in Texas Dep’t of Housing & Community Affairs v. Inclusive Communities Project, Inc., No. 13-1371…
  • Jun 30

    Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case

    Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case
    By Gerald L. Maatman Jr. and Howard M. Wexler In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a…
  • Jun 26

    What Employers Can Expect From The SCOTUS Decision On Same-Sex Marriage

    What Employers Can Expect From The SCOTUS Decision On Same-Sex Marriage
    By Gerald L. Maatman, Jr. On June 26, 2015, the U.S. Supreme Court issued its long-awaited decision in Obergefell, et al. v. Hodges, Director, Ohio Department Of Health; Tanco, et al. v. Haslam, Governor Of Tennesee, et al.; DeBoer, et al. v.…
Rank this Week: 84

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/
  • Jul 3

    The Truth is Not Enough to Set Us Free

    The Truth is Not Enough to Set Us Free
    Erik J. Girvan, On Using the Psychological Science of Implicit Bias to Advance Anti-Discrimination Law, (2015), available at SSRN.Marcia L. McCormickLegal scholars in a wide range of areas have used now well-settled developments in cognitive…
  • Jul 1

    What’s Missing in New Zealand?

    What’s Missing in New Zealand?
    David Enoch, Tort Liability and Taking Responsibility in Philosophical Foundations of the Law of Torts (John Oberdiek ed., 2014).Scott Hershovitz“What’s missing in New Zealand?” That’s the question David Enoch poses in…
  • Jun 30

    Exploring the Expressive Dimension of Inheritance Law

    Exploring the Expressive Dimension of Inheritance Law
    Deborah S. Gordon, Letters Non-Testamentary, 62 U. Kan. L. Rev. 585 (2014).Paula MonopoliWe often get so caught up in the nooks and crannies of small corners of the doctrinal universe, examining tiny subsections of the Uniform Probate Code or…
Rank this Week: 86

Asset Search Blog

Asset Search Blog

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

http://www.assetsearchblog.com/
  • Jun 29

    Private Investigators: An Asset Search By Pursuing Interviews & Tip

    Private Investigators: An Asset Search By Pursuing Interviews & Tip
    I do not know how many witnesses Brian interviewed while he was an IRS Special Agent or when he was a high-ranking official at U.S. Treasury’s Financial Crimes Enforcement Network (“FinCEN”).  Nor do I know the number…
  • Jun 22

    Private Investigators: Searching Law Enforcement Databases For Your Personal Information?

    Private Investigators: Searching Law Enforcement Databases For Your Personal Information?
    As “A Surreptitious Search For Money Hidden In Divorce & Other Cases” explains, law enforcement databases may house confidential information about a person’s assets.  Private investigators & the…
  • Jun 15

    Divorce & Hidden Money: Avoiding Mistakes During An Asset Search

    Divorce & Hidden Money: Avoiding Mistakes During An Asset Search
    The instant post analyzes 2 mistakes I occasionally see divorcing spouses make when they consider whether to search for marital assets hidden from them.  It is the 20th post in the “Divorce & Hidden Money” series: A…
Rank this Week: 108

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: 119

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Jul 2

    Pre-Suit Notice Sent Via FedEx Substantially Complied with HCLA

    Pre-Suit Notice Sent Via FedEx Substantially Complied with HCLA
    In Arden v. Kozawa, No. E2013-01598-SC-R11-CV (Tenn. June 30, 2015), the Supreme Court addressed the issue of whether a plaintiff in a medical malpractice ( now known as a “health care liability” ) lawsuit can send pre-suit notice…
  • Jul 1

    The Probable Cause Defense to Malicious Prosecution Claim

    The Probable Cause Defense to Malicious Prosecution Claim
    A recent Court of Appeals decision serves as a good refresher on the elements and defenses in a malicious prosecution case. In Preston v. Blalock, No. M2014-01739-COA-R3-CV (Tenn. Ct. App. May 29, 2015), tenant’s plastic surgery…
  • Jun 26

    Defect in Contstruction Does Not Stop Statute of Repose From Starting to Run

    Defect in Contstruction Does Not Stop Statute of Repose From Starting to Run
    In Tennessee, the construction statute of repose begins to run when a project reaches substantial completion, which is when it can be used for its intended purpose. A flaw in the project will not prevent it from being substantially complete…
Rank this Week: 138

Class Action Blog

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Packman, Nealon, Scialabba & Baker P.C.

http://classactionblog.mpnsb.com/
  • Mar 26

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)
    The Court conditionally certified Meiselman Packman Nealon Scialabba & Baker P.C.’s federal lawsuit against PJPA, LLC a Papa John’s Pizza franchisee in Pennsylvania, New Jersey and Delaware.  As a result of the…
  • Mar 14

    McDonald’s And Other Food Chains May Be Underpaying Employee

    McDonald’s And Other Food Chains May Be Underpaying Employee
    Many fast food restaurants require their employees to purchase uniforms and/or clean their uniforms at their own costs.  However, employees should be reimbursed for the cost of purchasing and cleaning their uniforms.  In a recent…
  • Mar 10

    Tom’s Natural Toothpaste May Not Actually Be Natural

    Tom’s Natural Toothpaste May Not Actually Be Natural
    Consumers in the U.S. rely on labels that say “natural” when purchasing products such as toothpastes.  Consumers are even willing to pay extra money to buy products that are labeled “natural”.  Unfortunately,…
Rank this Week: 166

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/
  • Jul 5

    NAELA Journal - Recent ACA Article

    NAELA Journal - Recent ACA Article
    With last week's Supreme Court decision in King v. Burwell, upholding tax credits for individuals purchasing health insurance through the federal insurance exchange in addition to state insurance exchanges, the Patient Protection and…
  • Jun 17

    NSSTA Marketing Surveys - Senior Claims Executives 3

    NSSTA Marketing Surveys - Senior Claims Executives 3
    Senior claims executives of property and casualty insurance companies have represented one of the most important advocate groups supporting structured settlements since the concept was first introduced in the late 1970s. During 2014, the…
  • Jun 17

    NSSTA Marketing Surveys - Senior Claims Executives 2

    NSSTA Marketing Surveys - Senior Claims Executives 2
    The National Structured Settlement Trade Association (NSSTA) has established a new NSSTA "Industry Growth Initiative," "designed to identify opportunities to expand the use of structured settlements and bring those opportunities to the…
Rank this Week: 191

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: 183

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Jul 3

    NJ Senate Approves Bill to Create Crime-Fraud Exception to Marital Privilege

    NJ Senate Approves Bill to Create Crime-Fraud Exception to Marital Privilege
    I've done a couple of posts about State v. Terry, 2014 WL 3579653 (N.J. 2014) 68 A.3d 177 (N.J.Super.A.D. 2013) (here and here). In Terry, the Supreme Court of New Jersey proposed a crime-fraud exception to the marital privilege. The...
  • Jul 2

    What Are the Odds That Jay Was at Woodlawn at 3:00 P.M. on January 13th?

    What Are the Odds That Jay Was at Woodlawn at 3:00 P.M. on January 13th?
    Yesterday, I posted about Jay's statement to Detevtives Ritz and MacGillivary during his pre-interview that Jeff G. drove him to Woodlawn High School at 3:00 P.M. on January 13, 1999, whereupon he met Stephanie in the parking lot. Obviously,…
  • Jul 1

    Delving More Into Jeff G.'s Importance to the Adnan Syed Trial/Appeal

    Delving More Into Jeff G.'s Importance to the Adnan Syed Trial/Appeal
    On Monday's Addendum Episode of the Undisclosed Podcast, we delved more into Jay's statement that Jeff G. drove him to Woodlawn High School on January 13, 1999, where he saw his girlfriend Stephanie. Specifically, we talked about the notes…
Rank this Week: 252

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/
  • Jul 1

    Post-Obergefell Update from Alabama: Federal Injunction Now in Effect

    Post-Obergefell Update from Alabama: Federal Injunction Now in Effect
    In the wake of last week’s U.S. Supreme Court decision in Obergefell, federal judge Callie Granade issued an order today confirming that her earlier classwide preliminary injunction in the Strawser case is “now in effect and binding on…
  • Jun 29

    SCOTUS Cert. Grant in Musacchio v. United State

    SCOTUS Cert. Grant in Musacchio v. United State
    There are some interesting procedural issues in Musacchio v. United States, a case for which the Supreme Court granted certiorari today. It presents two questions: (1) Whether the law-of-the-case doctrine requires the sufficiency of the…
  • Jun 29

    Bitcoin and Civil Procedure

    Bitcoin and Civil Procedure
    Max Raskin, an NYU law student, has posted on SSRN his article Realm of the Coin: Bitcoin and Civil Procedure, published in 20 Fordham J. of Corporate & Financial Law, No. 4 (2015). Abstract: Bitcoin is a private currency issued...
Rank this Week: 217

The Appellate Gourmet (c)

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 262

Jeff Vail

Jeff Vail

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

http://www.jeffvail.net/
  • Feb 6

    Colorado Litigation Report

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

    The Oil Drum

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

    Preserving ESI on Twitter

    Preserving ESI on Twitter
    Once litigation is “reasonably anticipated,” parties have an obligation to preserve all potentially relevant material.  That obligation extends to information reasonably under a party’s control, even if it is not…
Rank this Week: 232

Angel Reyes Blog

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/
  • Jul 30

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?
      Most of us have experienced the anxiety and frustration of a computer, smartphone, iPad or other device malfunctioning. But what would we do if our lives depended on an electronic device performing perfectly?    
  • Jul 9

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit
      This past Monday, a New York federal judge denied Big Pharma’s Merck & Co Inc.’s attempt to avoid paying $285,000 to plaintiff in a multi-district lawsuit based on the fact that the bone drug Fosamax causes jaw…
  • Jul 8

    Monster Overdose: Are Energy Drinks Killing Teens?

    Monster Overdose: Are Energy Drinks Killing Teens?
    Alex Morris died suddenly this year from cardiac arrest at the age of 19. He habitually drank two cans of Monster Energy® drinks each day for two years. His mother Paula believes energy drinks were the cause and immediately filed a…
Rank this Week: 235

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Jul 3

    Trustworthiness, real adulthood, cat videos and how open you are to experiences 

    Trustworthiness, real adulthood, cat videos and how open you are to experiences 
    Here’s another installment of things we think you might want to know but to which we don’t wish to devote an entire blog post. Keep reading to have tidbits worthy of sound bytes over drinks. The onset of ‘real’…
  • Jul 1

    The Bias Blind Spot Scale 

    The Bias Blind Spot Scale 
    We’ve written about the bias blind spot here before and now there is an actual scale to measure your specific bias blind spot (since, as it turns out, we all have one or more). You may wish to disagree with the statement that we all…
  • Jun 29

    A new issue of The Jury Expert 

    A new issue of The Jury Expert 
    We try to post the Table of Contents for new issues of The Jury Expert here when it publishes and there is a new issue up now. Here’s what you’ll see if you visit. Does Deposition Video Camera Angle Affect Witness Credibility? by…
Rank this Week: 332

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Jun 28

    Dividing bills of costs by phase

    Dividing bills of costs by phase
    I’ve commented before on the fact that whatever the merits of the Jackson costs reforms, the implementation process has been truly botched. Nowhere is this more apparent than the introduction of costs budgeting. There are obviously…
  • Jun 24

    Costs of detailed assessment in costs budget

    Costs of detailed assessment in costs budget
    PD 47 para.5.19 states: “The bill of costs must not contain any claims in respect of costs or court fees which relate solely to the detailed assessment proceedings other than costs claimed for preparing and checking the bill.”…
  • Jun 14

    Costs of an application for relief from sanction

    Costs of an application for relief from sanction
    The recent decision in O’Brien v Shorrock & The MIB [2015] EWHC 1630 (QB) deals with a number of interesting costs issues. One of these concerned an application for relief from sanctions by a party who had given incorrect…
Rank this Week: 274

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

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

    The Courts and Patent Litigation

    The Courts and Patent Litigation
    We often hear concerns with the ability or the willingness of the courts to handle sophisticated patent cases.  While we feel the concern is overstated, there are legitimate concerns.  Roy Strom examines a number of these concerns…
  • May 22

    Covered Business Method Review of Four of Fifteen Patents Warrants Stay

    Covered Business Method Review of Four of Fifteen Patents Warrants Stay
    Trading Techs. Int’l, Inc. v. BCG Partners, Inc., Nos. 10 C 715, 716, 718, 720, 721, 726, 882-885, 929 & 931, Slip Op. (N.D. Ill. Mar. 25, 2015) (Kendall, J.). Judge Kendall granted defendants’ motion to stay this patent…
  • May 20

    Bit Torrent Default Judgment Gets $750/Movie

    Bit Torrent Default Judgment Gets $750/Movie
    Malibu Media, LLC v. Funderburg, No. 13 C 2614, Slip Op. (N.D. Ill. Apr. 24, 2015) (Dow, J.). Judge Dow granted plaintiff Malibu Media’s motion for default judgment in this copyright case regarding pornographic movies.  Malibu…
Rank this Week: 283

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Jul 3

    Undue Influence Claim Deemed Sufficient To Go To Trial

    Undue Influence Claim Deemed Sufficient To Go To Trial
    Undue influence has always been one of the most difficult claims to prove in an estate contest. New York County Surrogate Nora Anderson has determined in The Matter of Wechsler ,2015 Slip Op 3100 U, that sufficient issues of fact have been…
  • May 14

    Surrogate Court Delays Getting Worse-Maybe It’s Time To Consider Trust

    Surrogate Court Delays Getting Worse-Maybe It’s Time To Consider Trust
    Nassau County Surrogate Edward McCarty III likes to begin his weekly Wednesday calendar call with a folksy chat to the usually packed courtroom. This week, the judge lamented the recent decision of the state to make new staff cuts of court…
  • Apr 19

    Digital Life After Death, A Question For The Future

    Digital Life After Death, A Question For The Future
    Your lawblogger recently attended a seminar given by Evan Carroll, the author of  “Your Digital Afterlife”,  a book speaking to the growing issues that have arisen as our activities on line have continued to branch out…
Rank this Week: 367

The Courtroom Insight Blog

The Courtroom Insight Blog

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

http://blog.courtroominsight.com/
  • Jul 1

    Recent Review Highlights Hon. Philip Cortese’s Poor Tactic

    Recent Review Highlights Hon. Philip Cortese’s Poor Tactic
    Hon. Philip Cortese, a New York judge was recently reviewed on Courtroom Insight. This judge was rated 1.0 out of 5.0 in every category (legal ability, objectivity and impartiality, communication skills and demeanor).…
  • Jun 18

    Historical Success Rate of Daubert Challenges, 1993-2014

    Historical Success Rate of Daubert Challenges, 1993-2014
    The most critical component of a challenge to expert witness testimony is arguably the disposition, or outcome of the challenge.  In an effort to better understand trends in how judges rule on whether to allow experts to testify given…
  • May 27

    Judicial Opinions Gaining a lot of Traction

    Judicial Opinions Gaining a lot of Traction
    We are already receiving lots of positive feedback about our new judicial opinions.   Here is one example excerpt that shows why these references are so valuable: The individuals proffered as experts by plaintiff are incompetent to…
Rank this Week: 407

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Jul 1

    Lost in Translation: Criminal Jury Trials in the United State

    Lost in Translation: Criminal Jury Trials in the United State
    Michael Heyman Lost in Translation: Criminal Jury Trials in the United States Abstract: Two features of the jury instructions in the Trayvon Martin case combined to make acquittal a virtual certainty: The court's failure to instruct the jury…
  • Jun 30

    Verifying a Juror's Past

    Verifying a Juror's Past
    The article below examines the challenge of ensuring juror honesty during voir dire. I believe more and more attorneys will turn to investigating and monitoring jurors. Today's digital world has made it fairly easy to research someone's…
  • Jun 29

    The Summary Jury Solution -- Restoring the Seventh Amendment's Constitutional Checks and Balances Protection to the Summary Judgment Procedure in Federal Court

    The Summary Jury Solution -- Restoring the Seventh Amendment's Constitutional Checks and Balances Protection to the Summary Judgment Procedure in Federal Court
    Ralph Bryant The Summary Jury Solution -- Restoring the Seventh Amendment's Constitutional Checks and Balances Protection to the Summary Judgment Procedure in Federal Court Abstract: The strength of the United States Constitution lies not…
Rank this Week: 468

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: 437

DRI Today

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx
  • Jun 25

    Premises Liability, Mode of Operation

    Premises Liability, Mode of Operation
    *The Massachusetts Supreme Judicial Court has on June 23, 2015  ruled that the “mode of operations” approach to premises liability applies to slip and fall incidents including slipping on a wet spot on the dance floor in a…
  • Jun 24

    Pay-If-Paid/Pay-When-Paid: Tomatoe/Tomato

    Pay-If-Paid/Pay-When-Paid: Tomatoe/Tomato
    This year’s DRI Fidelity and Surety Roundtable featured some excellent presentations.  One that really caught my attention was Ronald Freidberg’s presentation on “pay-if-paid” clauses and recent case law affecting…
  • Jun 23

    Homeowners, Business Exclusion, Duty to Defend

    Homeowners, Business Exclusion, Duty to Defend
    *The Massachusetts Court of Appeals has on June 17, 2015 ruled that the burden is on the insurer to prove the applicability of an exclusion. Because the facts alleged in the Complaint in the underlying action do not establish that the…
Rank this Week: 430

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

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

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 373

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: 419

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
Rank this Week: 659

Electronic Discovery Law

Electronic Discovery Law

Covers legal issues, news and best practices relating to the discovery of electronically stored information. By K&L Gates.

http://www.ediscoverylaw.com/
Rank this Week: 604

Sui Generis--a New York law blog

Sui Generis--a New York law blog

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

http://nylawblog.typepad.com/suigeneris/
  • Jul 2

    My latest iPhone app discoverie

    My latest iPhone app discoverie
    This week's Daily Record column is entitled "My latest iPhone app discoveries." My past Daily Record articles can be accessed here. ***** My latest iPhone app discoveries I readily admit it: I’m a tech geek. And one of my favorite…
  • Jun 23

    Wisconsin weighs in on the ethics of cloud computing

    Wisconsin weighs in on the ethics of cloud computing
    This week's Daily Record column is entitled "Wisconsin weighs in on the ethics of cloud computing ." My past Daily Record articles can be accessed here. ***** Wisconsin weighs in on the ethics of cloud computing In March, Wisconsin joined the…
  • Jun 10

    New York State Bar on virtual law practice

    New York State Bar on virtual law practice
    This week's Daily Record column is entitled "New York State Bar on virtual law practices." My past Daily Record articles can be accessed here. ***** New York State Bar on virtual law practices Last week I discussed Schoenefeld v. State of New…
Rank this Week: 648

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Jul 1

    Breaking News: Civil War About Slavery

    Breaking News: Civil War About Slavery
    With a background as a history major, it’s frustrating to hear Civil War and Confederate flag apologists say that slavery was not the root cause of the Civil War. “It was about state’s rights,” they say. They are…
  • Jun 29

    Deposition Witness Murders Clarksdale Attorney

    Deposition Witness Murders Clarksdale Attorney
    Clarksdale attorney Ellis Pittman was murdered on Friday by a man who Pittman was suing and deposing at the time of the murder. From WMC: Pittman was suing Frazier over work he had done on his home. Pittman claimed the work was shoddy and…
  • Jun 24

    Flagageddon

    Flagageddon
    Who can work with the god-awful Mississippi state flag back in the news. The flag, which voters unwisely didn’t dump in 2001, is being attacked from all corners. Here’s the latest scoreboard on public officials and politicians who…
Rank this Week: 711

Court Technology and Trial…

Court Technology and Trial Presentation Blawg

Covers court and trial technology, and trial presentation. By Ted Brooks.

http://trial-technology.blogspot.com/
  • Jun 29

    Connected With Court

    Connected With Court
    In this era of fewer trials, if you still find yourself in front of a jury now and then, you may have noticed a few upgrades to some of our courtrooms. You’ll find equipment installed and available in many Federal courtrooms, and some…
  • Jun 24

    Trial Technology and Litigation Support Podcast

    Trial Technology and Litigation Support Podcast
    “You’re tuned in to the Trial Technology and Litigation Support Podcast. Sit back and enjoy interviews with industry leaders as we discuss everything from new trends to old war stories.”That’s the intro for the new…
  • Mar 23

    Trial Tech Tips - Courtroom Equipment Specs for Large Venue

    Trial Tech Tips - Courtroom Equipment Specs for Large Venue
    If you were assembling a new trial presentation equipment set today, it wouldn’t be all that much different from what would have been done several years ago. Even with advances in video format and display technologies, it often comes to…
Rank this Week: 552

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Jun 29

    Insurance Expert Witness On Excess Of Loss Coverage Part 1

    Insurance Expert Witness On Excess Of Loss Coverage Part 1
    What areas may insurance expert witnesses consult on? They may write reports, give deposition and testify on insurance regulations, insurance fraud, reinsurance, and more. In Excess Of Loss Coverage For Self Insurers: Is It Insurance Or…
  • Jun 26

    The Care and Feeding of Expert Witnesses Part 2

    The Care and Feeding of Expert Witnesses Part 2
    In The Care and Feeding of Expert Witnesses, John T. Bogart offers advice from the viewpoint of a reinsurance expert witness. Mr. Bogart has more than 34 years of insurance industry experience, ranging from liability underwriting to being the…
  • Jun 23

    Finding And Researching Experts and Their Testimony Part 1

    Finding And Researching Experts and Their Testimony Part 1
    In Finding and Researching Experts and Their Testimony, authors Jim Robinson David Dilenschneider, Myles Levin, and Nathan Aaron Rosen write:Several of us got into some discussions about the need to research experts thoroughly. During those…
Rank this Week: 693

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 25

    Premises Liability, Mode of Operation

    Premises Liability, Mode of Operation
    *The Massachusetts Supreme Judicial Court has on June 23, 2015  ruled that the “mode of operations” approach to premises liability applies to slip and fall incidents including slipping on a wet spot on the dance floor in a…
  • Jun 24

    Pay-If-Paid/Pay-When-Paid: Tomatoe/Tomato

    Pay-If-Paid/Pay-When-Paid: Tomatoe/Tomato
    This year’s DRI Fidelity and Surety Roundtable featured some excellent presentations.  One that really caught my attention was Ronald Freidberg’s presentation on “pay-if-paid” clauses and recent case law affecting…
  • Jun 23

    Homeowners, Business Exclusion, Duty to Defend

    Homeowners, Business Exclusion, Duty to Defend
    *The Massachusetts Court of Appeals has on June 17, 2015 ruled that the burden is on the insurer to prove the applicability of an exclusion. Because the facts alleged in the Complaint in the underlying action do not establish that the…
Rank this Week: 562

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 13

    Court Of Chancery Explains Standard Of Review Of Special Litigation Committee Repot

    Court Of Chancery Explains Standard Of Review Of Special Litigation Committee Repot
    Iron Workers District Council Of Philadelphia & Vicinity Retirement & Pension Plan v. Andreotti, C.A. No. 9714-VCG (May 8, 2015) This may be the definitive decision on how to review the conclusion of a board of directors to accept the…
  • May 13

    Court Of Chancery Awards Loser Fee

    Court Of Chancery Awards Loser Fee
    In re Nine Systems Corporation Shareholder Litigation, C.A. No. 3940-VCN (May 7, 2015) After years of litigating a breach of fiduciary duty case, the plaintiff won the battle but lost the war when the Court held that the defendants had…
  • May 4

    Court Of Chancery Explains Creditor’s Right To File Fiduciary Duty Claim

    Court Of Chancery Explains Creditor’s Right To File Fiduciary Duty Claim
    Quadrant Structured Products Company Ltd. v. Vertin, C.A. 6990-VCL (May 4, 2015) While it is generally known that creditors may only file derivative suits when the company is insolvent, there have been many open issues about what exactly that…
Rank this Week: 624

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: 712

Juries

Juries

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

http://juries.blogspot.com/
  • Oct 9

    Consultation Paper on Jury Empanelment in Victoria, Australia

    Consultation Paper on Jury Empanelment in Victoria, Australia
    The Victoria Law Commission has finalized its report on juror empanelment.  The report, which is available here, examines the following three areas Peremptory challenges and the Crown's right to stand aside Calling of the panel…
  • Oct 8

    Warger v. Shauers Oral Argument

    Warger v. Shauers Oral Argument
    Today, the United States Supreme Court will hear oral argument in Warger v. Shauers.Sheila Birnbaum will be arguing for respondent (Randy D. Shauers).Sarah E. Harrington who represents the solicitor general's office will also be arguing for…
  • Oct 7

    Jury Voting Paradoxe

    Jury Voting Paradoxe
    Jason IulianoAbstract (to read the entire article go here)The special verdict is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox. Although widely discussed in the philosophical literature, these…
Rank this Week: 703

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

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

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

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

    Celebrating Labor Day

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

    Bursting The Mailbox Rule Presumption

    Bursting The Mailbox Rule Presumption
    Mailbox.jpg Third Circuit considers the operation of the mailbox rule presumption under FRE 301 and the circumstances in which the presumption may be rebutted; circuit distinguishes between strong and weak presumptions;…
Rank this Week: 514

Federal Civil Practice Bulletin

Federal Civil Practice Bulletin

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

http://federalcivilpracticebulletin.blogspot.com/
Rank this Week: 618

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Jul 2

    Judge Minora Reviews Current Status of At Will Employment Law

    Judge Minora Reviews Current Status of At Will Employment Law
    Facing an Employment At Will situation?  Click HERE for a thorough Opinion by Judge Carmen D. Minora in the case of Krutulis v. Community Medical Center, No. 2009 - CV - 1474 (C.P. Lacka. Co. June 4, 2015 Minora, J.), for…
  • Jul 1

    Registration Open for Tort Talk Expo 2015

    Registration Open for Tort Talk Expo 2015
    TORT TALK EXPO 2015Thursday, September 24, 2015Mohegan Sun Casino and HotelWilkes-Barre, PA (3 Substantive, 1 Ethics Credit) Door Prizes - Vendor Giveaways - Raffle Prizes    AGENDA:  [Registration…
  • Jul 1

    Judge Mariani Reviews Propriety Award of Meds and Wages in a Premises Liability Personal Injury Case

    Judge Mariani Reviews Propriety Award of Meds and Wages in a Premises Liability Personal Injury Case
    In Wright v. Cacciutti, 3:12-cv-1682 (M.D. Pa. June 11, 2015 Mariani, J.), Judge Robert D. Mariani ruled on post-trial motions in a premises liability personal injury case and covered several important damages issues.The court ruled that,…
Rank this Week: 1156

A Winning Tip

A Winning Tip

Features trial tips from a trial consultant. By Dr. Noelle Nelson.

http://awinningtip.blogspot.com/
  • Jul 1

    Explain "Why" to Make Your Case Matter to the Juror

    Explain "Why" to Make Your Case Matter to the Juror
    In a courtroom, it isn't necessarily the attorney with the best facts who wins, but the attorney who best explains the relevance of those facts both to the case and to the jurors.Certainly, you need solid evidence, but here we’re…
  • Jun 1

    A Mind-Boggling Social Experiment Proves the Importance of First Impression

    A Mind-Boggling Social Experiment Proves the Importance of First Impression
    If you ever wondered just how important the jurors’ first impressions of your client and witnesses are, here’s a mind-boggling social experiment, posted on youtube.It shows people walking right past well-known and loved family…
  • May 1

    Don’t Undermine The Value of Your Focus Group

    Don’t Undermine The Value of Your Focus Group
    A focus group has many benefits, among the primary the opinions the “jurors” offer on the case: strengths, weaknesses, validity of themes, etc.  However, focus group jurors can only provide opinions if they are asked the…
Rank this Week: 879