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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Dec 18

    Petition of the day

    Petition of the day
    The petition of the day is: Kurtz v. Verizon New York, Inc., fka New York Telephone Company 14-439 Issue: (1) Whether the exhaustion requirements of Williamson County Regional Planning Commission v. Hamilton Bank apply to any…
  • Dec 18

    Florida couples oppose more delay on same-sex marriage

    Florida couples oppose more delay on same-sex marriage
    Two groups of Florida same-sex couples, anticipating a chance to get married in less than three weeks, urged the Supreme Court today not to delay that opportunity.  The Court, they argued, should continue its recent refusal to…
  • Dec 18

    SCOTUSblog on camera: Dahlia Lithwick (Part three)

    SCOTUSblog on camera: Dahlia Lithwick (Part three)
    What a Justice says and does not say in public; Justice Ruth Bader Ginsburg’s recent presence in the media; the line in a Justice’s mind between talking law and talking politics; the risk of talking to the media; and what to infer…
Rank this Week: 11

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 22

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/
  • Dec 12

    eDiscovery Vendor Viability: Comparisons Beyond Technology and Talent

    eDiscovery Vendor Viability: Comparisons Beyond Technology and Talent
    By Rob RobinsonIn an effort to help eDiscovery decision makers evaluate and compare both the immediate and long term success potential of electronic discovery vendors, the following considerations, shared in a formulaic manner to allow…
  • Dec 11

    The Impact Of Privacy Liability (Cartoon and Clip)

    The Impact Of Privacy Liability (Cartoon and Clip)
    The Cartoon and Clip of the Week for December 10, 2014Daily we read, see and hear more and more about the challenges associated with privacy regulation and liability. This week’s cartoon and clip highlights one public example of holiday…
  • Dec 10

    Got the ECM “Bends”? Head About to Explode?

    Got the ECM “Bends”? Head About to Explode?
    By John MartinECM users sometimes have the Info Gov equivalent of the deep sea diving “bends” that occur when divers ascend too quickly after deep dives and the gas that had been compressed in their bodies decompresses causing…
Rank this Week: 55

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/
  • Oct 24

    Single Event Exception Includes Multiple Events Caused by a Significant Occurance

    Single Event Exception Includes Multiple Events Caused by a Significant Occurance
    Rainbow Gun Club, Inc. v. Denbury Resources, Inc., 2014 WL 869504 (W.D. La. March 5, 2014). In this action, the District Court affirmed a remand order finding that CAFA’s local “single event exception” can include mass…
  • Oct 23

    Only 25% of PAGA Penalties–Sufficient to Satisfy the Amount in Controversy?

    Only 25% of PAGA Penalties–Sufficient to Satisfy the Amount in Controversy?
    Controulis v. Anheuser-Busch, LLC, 2013 WL 6482970 (C.D. Cal. Nov. 20, 2013). The plaintiff, employed as a bottler by the defendant, Anheuser-Busch, LLC, brought an action alleging that the defendant violated California law by including the…
  • Oct 22

    Defendants Must Demonstrate Factual Basis for Amount-in-Controversy Claim

    Defendants Must Demonstrate Factual Basis for Amount-in-Controversy Claim
    Sanchez v. Res-Care, Inc., 2014 WL 807997 (C.D. Cal. Feb. 28, 2014). In this action, the District Court remanded the case to the state court finding that the defendant failed to show by preponderance of evidence that the amount-in-controversy…
Rank this Week: 72

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
  • Dec 16

    Weller in Search of the Future of European Private International Law

    Weller in Search of the Future of European Private International Law
    Matthias Weller from the EBS Law School in Wiesbaden has posted a paper on  “Mutual Trust: In Search of the Future of European Private International Law” on SSRN. The paper is forthcoming in the Journal of Private…
  • Dec 16

    Regulation (EU) No 1329/2014 – Forms in Matters of Succession

    Regulation (EU) No 1329/2014 – Forms in Matters of Succession
    The Commission Implementing Regulation (EU) No 1329/2014 of 9 December 2014 establishing the Forms referred to in Regulation (EU) No 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and…
  • Dec 15

    Liber Amicorum for Hans Micklitz: Varieties of European Economic Law and Regulation

    Liber Amicorum for Hans Micklitz: Varieties of European Economic Law and Regulation
    Kai Purnhagen and Peter Rott have edited a book entitled “Varieties of European Economic Law and Regulation”. Published by Springer and completely written in English the volume honors the work of Hans Micklitz, one of…
Rank this Week: 89

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Dec 15

    “We Do Not Dispense Justice Via The Phone”

    “We Do Not Dispense Justice Via The Phone”
    Last week, while I was waiting for a court conference back in “antechambers” (that is, the part of the judge’s office that isn’t the judge’s actual “chambers”), I spotted this sign, strategically…
  • Nov 23

    Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability

    Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability
      It’s finally here: Tincher v. Omega Flex, the Pennsylvania Supreme Court’s overhaul of strict liability. If you’re unfamiliar with the recent turbulence surrounding strict liability, check out this post of mine from…
  • Nov 21

    Mediation Of A Big Injury Case: A Game Worth Playing?

    Mediation Of A Big Injury Case: A Game Worth Playing?
    A few months ago, in a wrongful death case I have against one of the biggest companies in America, the company’s lawyer asked: will you agree to a mediation?   Our firm founder, Jim Beasley, Sr., had a simple method to mediation:…
Rank this Week: 105

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Dec 18

    Seeking Reconsideration of Summary Judgment Motions in Tennessee

    Seeking Reconsideration of Summary Judgment Motions in Tennessee
    In Bilbo v. Ocoee Place Condominium Homeowners Ass’n, No. E2013-02532-COA-R3-CV (Tenn. Ct. App. Dec. 12, 2014), plaintiffs filed suit alleging negligent construction of condos. Defendant HOA filed a motion for summary judgment stating…
  • Dec 15

    Conversion of Motions to Dismiss Into Motions for Summary Judgment

    Conversion of Motions to Dismiss Into Motions for Summary Judgment
               In Tennessee, trial judges are allowed to convert Rule 12 Motions to Dismiss into Motions for Summary Judgment, but this action “should be taken only in rare cases and with meticulous…
  • Dec 2

    Products Liability Statute of Repose and its Exceptions Held to be Constituational

    Products Liability Statute of Repose and its Exceptions Held to be Constituational
    The Tennessee Court of Appeals recently upheld the constitutionality of both the ten-year statute of repose under the Tennessee Products Liability Act (“TPLA”) and the exceptions thereunder for asbestos and silicone gel breast…
Rank this Week: 124

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: 129

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: 145

Structured Settlements 4Real

Structured Settlements 4Real

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

http://structuredsettlements.typepad.com/structured_settlements_4r/
  • Dec 18

    EPS Settlements and John Cantwell Dismissed With Prejudice In Florida case

    EPS Settlements and John Cantwell Dismissed With Prejudice In Florida case
    by John Darer CLU ChFC CSSC RSP CLTC A Florida Federal Court judge has granted the motion to dismiss the matter filed by Curtis Moore, et al., against EPS Settlements and John Cantwell, with... This is a content summary only. Please click on…
  • Dec 18

    ELNY Law Suit | Model Periodic Payment of Judgments Act 1980 Standard

    ELNY Law Suit | Model Periodic Payment of Judgments Act 1980 Standard
    Regardless of what happened later, 1980 is a clear benchmark where proponents could argue that A.M. Best "standard" was established because the Model Act (which is MODEL act) ties reliability and... This is a content summary only. Please…
  • Dec 18

    JG Wentworth | After Pat Hindert "Takes Bloom Off Rose" Stock Rises 21.9%

    JG Wentworth | After Pat Hindert "Takes Bloom Off Rose" Stock Rises 21.9%
    Four days after his first meaningful first public poke at JG Wentworth in 10 years of blogging, Patrick Hindert, JG Wentworth (JGWPT) stock has risen 21.9% at time of posting This is a content summary only. Please click on the title for the…
Rank this Week: 152

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 153

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/
  • Dec 16

    Guest Post: Dodson on Twombly Creep in Dart

    Guest Post: Dodson on Twombly Creep in Dart
    Twombly Creep Yesterday’s Supreme Court’s opinion in Dart Cherokee held that a notice of removal need not be accompanied by evidence of the amount in controversy in a CAFA-removal case. The Court split 5-4 on the nerdy question of…
  • Dec 16

    Rosenberg & Spier on Class Action

    Rosenberg & Spier on Class Action
    Now available on the Journal of Legal Analysis website is David Rosenberg and Kathryn Spier’s article, Incentives to Invest in Litigation and the Superiority of the Class Action. Here’s the abstract: We formally demonstrate the general…
  • Dec 15

    SCOTUS Decision in Dart Cherokee: What Must a Notice of Removal Contain? (And More!)

    SCOTUS Decision in Dart Cherokee: What Must a Notice of Removal Contain? (And More!)
    Today the Supreme Court issued a 5-4 decision in Dart Cherokee Basin Operating Co. v. Owens. It’s an interesting breakdown. Justice Ginsburg writes the majority opinion, joined by Roberts, Breyer, Alito, and Sotomayor. The dissenters are…
Rank this Week: 169

The Conference Room--Answers to…

The Conference Room--Answers to Questions on N.C. Law

Comments on North Carolina civil litigation and laws. By Bradley A. Coxe.

http://nclawyer.typepad.com/north_carolina_civil_litg/
  • Dec 18

    Executive Session

    Executive Session
    Frequently homeowner association and other nonprofit board of directors announce they are going into “executive session” and close the meeting to only the board. The North Carolina Planned Community Act provides that meetings of…
  • Nov 21

    Can't Give it Away.

    Can't Give it Away.
    I recently had a homeowner’s association question regarding the conveyance of common elements. Basically, the HOA owned property between a small river and about six member lots. The HOA and the rest of the property owners did not have…
  • Nov 7

    Aggravation

    Aggravation
    Only seldom do I have a personal injury case where there was not a doctor or chiropractic visit sometime in the months or years prior to the event sparking the lawsuit. An injured plaintiff can only recover for damages that...
Rank this Week: 229

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: 222

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/
  • Dec 17

    Detecting Hidden Assets By Putting Tipsters To Work

    Detecting Hidden Assets By Putting Tipsters To Work
    How can one detect assets one is unaware of?  Sometimes by putting tipsters to work and collecting their tips.  These tips may be gathered in a variety of ways.  “An Asset Search, Tax Fraud & Divorce” describes…
  • Dec 2

    Private Investigators: 5 Things To Be Aware Of When Hiring A PI For A Bank Account Search

    Private Investigators: 5 Things To Be Aware Of When Hiring A PI For A Bank Account Search
    This is the first post in my new series about what private investigators can & cannot do legally when searching for hidden assets.  Divorcing spouses, creditors bringing forced collection proceedings, etc., may search for assets by…
  • Oct 30

    Searching For Corruption Proceeds & Other Assets On The Island Of Jersey

    Searching For Corruption Proceeds & Other Assets On The Island Of Jersey
    At Carmelite Chambers International Fraud & Assert Recovery Conference, I met Advocate & English Barrister Stephen Baker of Baker & Partners from St. Helier, Jersey.  During the Conference, Mr. Baker presented his…
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: 260

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/
  • Dec 18

    The Relevance of Professionalism in a Post-Legal Services Act World

    The Relevance of Professionalism in a Post-Legal Services Act World
    Nick Robinson, When Lawyers Don’t Get All the Profits: Non-Lawyer Ownership of Legal Services, Access, and Professionalism (Harv. Law Sch. Prog. Legal Prof., Research Paper No. 2014-20), available at SSRN.John FloodTo…
  • Dec 17

    The IRS as Tax Law Nonenforcer

    The IRS as Tax Law Nonenforcer
    Lawrence Zelenak, Custom and the Rule of Law in the Administration of the Income Tax, 62 Duke L.J. 829 (2012).Leigh OsofskyIn a recent essay, Custom and the Rule of Law in the Administration of the Income Tax, Larry Zelenak examines…
  • Dec 16

    Breaking the Deadlock in Bipartisan Election Administration

    Breaking the Deadlock in Bipartisan Election Administration
    Jennifer Nou, Sub-Regulating Elections, Sup Ct. Rev. (forthcoming 2014), available at SSRN.Bertrall RossWhat should courts do when bipartisan agencies deadlock on an interpretation of a statute? That conundrum recently…
Rank this Week: 291

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Dec 16

    School Security Expert Witness On School Shootings Part 1

    School Security Expert Witness On School Shootings Part 1
    In Ten Lessons Learned From the Sandy Hook School Shootings, school security expert witness Ken Trump, MPA, President of National School Safety and Security Services writes:Our team’s analysis of the Sandy Hook Final Report released by…
  • Dec 13

    Police Procedures Expert Witness Testifies In Fatal Shooting Case

    Police Procedures Expert Witness Testifies In Fatal Shooting Case
    Police procedures expert witness Ron Martinelli, Ph.D., B.C.F.T., C.F.A., C.L.S., testified in the Missoula, MT, homicide case against Markus Kaarma. The defendant is accused of fatally shooting German foreign exchange student, Diren Dede. …
  • Dec 8

    Emergency Preparedness Expert Witness On First Aid Teams Part 1

    Emergency Preparedness Expert Witness On First Aid Teams Part 1
    In First Aid Teams, emergency preparedness expert witness Michael J. Ryan, principal at First Aid Depot, asks the question, “Does your organization need a First Aid Team?” When you look at the issue of a First Aid Team some…
Rank this Week: 317

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: 321

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: 295

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Dec 17

    December Mississippi Jury Verdict Reporter Preview

    December Mississippi Jury Verdict Reporter Preview
    Here is a preview of the verdicts detailed in the December issue of the Mississippi Jury Verdict Reporter: $10.5 million verdict- Coahoma County products liability trial mentioned here (9/25/14); $125,000 verdict- Aberdeen federal…
  • Dec 15

    Duck, Duck………

    Duck, Duck………
    Goose!!!! Get it? It’s a goose case. The opening line from Miss. Supreme Court Justice Kitchens’ majority opinion says it all: Janet Olier was attacked and chased by a domestic goose in Donna Bailey’s yard. As she attempted…
  • Dec 8

    Jury Verdict Leaves Rappers Singing the Blue

    Jury Verdict Leaves Rappers Singing the Blue
    The Clarion-Ledger reported last week that former NBA and USM basketball star Clarence Weatherspoon has won a Hinds County lawsuit against two rap artists. From the article: Donald Sharp, a.k.a. “Cadillac Don,” and Tiyon Rogers,…
Rank this Week: 387

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: 388

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
  • Dec 17

    December Case Law Pop Quiz Answers! - eDiscovery Case Law

    December Case Law Pop Quiz Answers! - eDiscovery Case Law
    Yesterday, we gave you a pop quiz for the eDiscovery case law that we’ve covered since late October. If you’re reading the blog each day, these questions should be easy! Let's see how you did. Here are the…
  • Dec 16

    December Case Law Pop Quiz! - eDiscovery Case Law

    December Case Law Pop Quiz! - eDiscovery Case Law
    We have time for one more case law pop quiz before the end of the year – this one is customized to the case law that we’ve covered since late October. If you’re reading the blog each day, these questions should be easy! If…
  • Dec 15

    Image Isn't Everything, Court Says, Denying Plaintiff's Request for Imaging on Defendant's Hard Drives - eDiscovery Case Law

    Image Isn't Everything, Court Says, Denying Plaintiff's Request for Imaging on Defendant's Hard Drives - eDiscovery Case Law
    In Design Basics, LLC. v. Carhart Lumber Co., Nebraska Magistrate Judge Cheryl R. Zwart, after an extensive hearing on the plaintiff's motion to compel “full disk imaging of Defendant's hard drives, including Defendant's POS server,…
Rank this Week: 451

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Dec 17

    Court Sua Sponte Strikes Portions of Answer

    Court Sua Sponte Strikes Portions of Answer
    Vogue Tyre & Rubber Co. v. Mendez, No. 14 C 5839, Slip Op. (N.D. Ill. Oct. 27, 2014) (Shadur, Sen. J.). Judge Shadur sua sponte struck portions of defendant’s answer and dismissed certain affirmative defenses as follows: The Court…
  • Dec 12

    District Court Claim Constructions Not Controlling

    District Court Claim Constructions Not Controlling
    Costar Realty Info., Inc. v. CIVIX-DDI, LLC, Nos. 12 C 4968, 7091 & 8632, Slip Op. (N.D. Ill. Sep. 23, 2013) (Holderman, Sen. J.). Judge Holderman construed the disputed claim terms in this patent case involving methods of locating points…
  • Dec 10

    Nominative Fair Use Not Decided on Motion to Dismi

    Nominative Fair Use Not Decided on Motion to Dismi
    Slep-Tone Ent. Corp. v. Elmwood Enterprises, Inc., No. 13 C 7346, Slip Op. (N.D. Ill. Apr. 21, 2014) (Lefkow, J.). Judge Lefkow denied defendant Elmwood’s Fed. R. Civ. P. 12(b)(6) & (7) motion to dismiss plaintiff Slep-Tone’s…
Rank this Week: 406

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Dec 16

    Justice Department Leaves Misbranding Case After Trial Victory

    Justice Department Leaves Misbranding Case After Trial Victory
    In a small case hailing from Tennessee, the Justice Department early this week decided to withdraw charges made against a couple convicted of utilizing misbranded drugs in their clinics. Dr. Anindya Kumar Sen and his wife, Patricia Sen,…
  • Dec 16

    Apple Notches Victory on iPod Antitrust Case

    Apple Notches Victory on iPod Antitrust Case
    Early this week, a federal jury handed a Apple Inc. a huge win in the firm’s long-running class action case against claims that the company was in violation of antitrust laws by limiting its competition for its long line of iPod audio…
  • Dec 15

    Sandy Hook Families Gun Filing Suit Against Gun Maker

    Sandy Hook Families Gun Filing Suit Against Gun Maker
    Several families of victims who died and a lone survivor from Sandy Hook Elementary recently filed a wrongful-death lawsuit against a gun maker of the rifle that was used in the massacre. It was a couple years back when Adam Lanza murdered 20…
Rank this Week: 469

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/
  • Dec 5

    More Follow-up to #Ferguson Forum

    More Follow-up to #Ferguson Forum
    During the forum on Tuesday, there was discussion about why Darren Wilson was not interviewed for a few days after shooting Michael Brown. Former U.S. Attorney Jenny Durkan said that many police unions have negotiated a term in their…
  • Dec 4

    Capital Punishment: Race, Poverty, & Disadvantage—Free Online Course

    Capital Punishment: Race, Poverty, & Disadvantage—Free Online Course
    Stephen Bright is president and senior counsel at the Southern Center for Human Rights, a public interest law program that deals with human rights in the criminal justice and prison systems. He has also been a visiting lecturer or fellow at…
  • Dec 2

    UW Law Forum on #Ferguson

    UW Law Forum on #Ferguson
    This afternoon attorney Jeffery Robinson led a discussion on the events in Ferguson, MO—the killing of Michael Brown last summer, the grand jury this fall, and the protests in Ferguson and around the country—and the larger issues…
Rank this Week: 447

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

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

    Make Sure Your Vital Information Doesn’t Die When You Do

    Make Sure Your Vital Information Doesn’t Die When You Do
    Twenty years ago, we always told our clients to make an inventory of their important information, give a copy to a child or trusted family member and leave a copy in a secure place for safekeeping. It’s amazing how much has changed in…
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don't really have a good explanation for this. I usually ask at this point which…
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don’t really have a good explanation for this. I usually ask at this point which…
Rank this Week: 475

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/
  • Dec 18

    Judge Berzon on Justice Brennan

    Judge Berzon on Justice Brennan
    On January 22 at the Biltmore in downtown LA, LACBA's Labor & Employment Law Section presents a dinner/MCLE program: Justice Brennan's Labor & Employment Jurisprudence: Will We See the Like Again?Justice William J. Brennan, the…
  • Dec 18

    3 Questions for the hiring of appellate counsel

    3 Questions for the hiring of appellate counsel
    On Law360, H&L's David Axelrad offer some client-centered advice in 3 Questions To Ask Yourself Before Hiring Appellate Counsel. Every good appellate lawyer should (1) be able to help build and preserve the record; (2) know…
  • Dec 17

    Leondra Kruger is Active

    Leondra Kruger is Active
    The DJ reports that nominee Leondra Kruger activated her California Bar membership yesterday. (Here's the page: enjoy now b/c once she's a judge, the page won't provide as much information.) This report comes in the article: "In Unusual Move,…
Rank this Week: 593

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Dec 18

    Stealth Juror

    Stealth Juror
    Lawyers for Aaron Hernandez, the former professional football player now on trial for the murder of Odin Loyd, want the court to grant them additional peremptory challenges. The defense attorneys claim that they need the additional…
  • Dec 17

    More Criticism of the Illinois Jury Bill

    More Criticism of the Illinois Jury Bill
    Another Illinois newspaper comes out against the Illinois jury bill that is awaiting the signature of Governor Quinn. Yesterday it was the Chicago Tribune, today it is the Rockford Register Star. Rockford Register Star. Our View: Pay hike for…
  • Dec 16

    Criticism of Illinois Jury Bill

    Criticism of Illinois Jury Bill
    The Chicago Tribune has a very interesting article on a jury bill (SB 3075) that recently passed the Illinois legislature. The bill was sponsored by Representative Kelly Burke and supported by the Illinois Trial Lawyers Association. The bill…
Rank this Week: 488

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Dec 1

    Illinois Brick Goes Global

    Illinois Brick Goes Global
    Dear Blawgletterati: A rebuke Drop dead, the Seventh Circuit on November 26 told U.S. firms that want to collect treble damages under the Sherman Act for fixing prices on their foreign subs' purchases overseas. Either have your subs buy…
  • Nov 17

    Would You Watch an Ad to Read this Post? Another Patent Fails Alice Corp.'s Airy Test for Unpatentable "Abstract Ideas"

    Would You Watch an Ad to Read this Post? Another Patent Fails Alice Corp.'s Airy Test for Unpatentable "Abstract Ideas"
    A whiter shade of pale Patents that define ways to make money through commerce on the Internet never have gotten much respect. In the last year, a series of rulings by the Federal Circuit and the Supreme Court bled much...
  • Nov 10

    Twombly's Remorse?

    Twombly's Remorse?
    Has the United States Supreme Court backed away from its landmark toughening of the test for pleading a claim in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)? The signs point to yes. Sort of. Twombly's record Counting today's...
Rank this Week: 567

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 487

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/
  • Dec 31

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim
    Silverberg v. Gold, C.A. 7646-VCP (December 31, 2013) Under Delaware law, a so-called Brophy claim seeks to recover the profits made by trading on insider information. Showing that material insider information was available is not…
  • Dec 31

    Court Of Chancery Denies Advancement For Predecessor Liability

    Court Of Chancery Denies Advancement For Predecessor Liability
    Grace v. Ashbridge LLC, C.A. 8348-VCN (December 31, 2013) In general, a successor entity is not liable for its predecessor's obligations when there has been a fundamental change in the identity of the entity.  Here, the Court held…
  • Dec 17

    Has the Chancery Court Created a New Tort?

    Has the Chancery Court Created a New Tort?
    Authored By Edward M. McNally This article was originally published in the Delaware Business Court Insider | December 17, 2014 A recent decision by the Delaware Court of Chancery may have plowed fresh ground by…
Rank this Week: 721

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Dec 17

    "Did Your Attorney Refer You to that Doctor?"

    "Did Your Attorney Refer You to that Doctor?"
    A Dynamic Duo(Could be on either side of the bar)In a recent Delaware County Court of Common Pleas decision in the case of English v. Stepchin, No. CP-23-CV-786-2014, 101 Del. 424 (C.P. Del. Co. Nov. 12, 2014 Kenney, P.J.), President Judge…
  • Dec 16

    PA Supreme Court Upholds Assignment of Rights in Excess Bad Faith Claim

    PA Supreme Court Upholds Assignment of Rights in Excess Bad Faith Claim
    Tort Talkers may recall previous posts on the case of Allstate Ins. Co. v. Wolfe, in which the Pennsylvania Supreme Court accepted an issue to review on certification of a matter from the U.S. Third Circuit Court of Appeals who was seeking…
  • Dec 15

    Dated UIM Rejection Form Signed by Insured Valid Even Though Insured Was Not the One Who Dated It

    Dated UIM Rejection Form Signed by Insured Valid Even Though Insured Was Not the One Who Dated It
    Can't Go For ThatIn a December 10, 2014 Memorandum Opinion out of the Federal District Court for the Eastern District of Pennsylvania in the case of Lieb v. Allstate Prop. And Cas. Ins. Co., NO. 14-4225 (E.D. Pa. Dec. 10, 2014 Rufe, J.), the…
Rank this Week: 787

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Dec 12

    So You Want To Be an Expert?

    So You Want To Be an Expert?
    Serving as an expert witness on an important cases can be a thrilling achievement and validation of years of hard work, but a turn as an expert witness can also...The post So You Want To Be an Expert? appeared first on The Expert Institute.
  • Dec 8

    Preparing Your Expert Witness for Trial

    Preparing Your Expert Witness for Trial
    When working with expert witnesses, it is important to understand that they can be easily overwhelmed by a trial setting, making proper coaching and preparation essential. After all, every expert...The post Preparing Your Expert Witness for…
  • Dec 8

    Body Language and Expert Witness Testimony

    Body Language and Expert Witness Testimony
    It is important to know that how you hold your body can actually change how you feel, in less than a 1/40 of second. If you hold and move your...The post Body Language and Expert Witness Testimony appeared first on The Expert Institute.
Rank this Week: 724

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/
  • Dec 12

    Interpreting Halliburton

    Interpreting Halliburton
    In its Halliburton II decision, the Supreme Court held that a securities fraud defendant can overcome the fraud-on-the-market presumption of reliance at the class certification stage of a case “through evidence that the…
  • Nov 24

    One Percent Responsible

    One Percent Responsible
    Longtop Financial Technologies, a Chinese financial software company, was a notorious financial fraud (see here for a NYT column on the discovery of the fraud).  Both its outside auditors, Deloitte Touche Tohmatsu, and its…
  • Nov 5

    Omnicare Argued

    Omnicare Argued
    On Monday, the U.S. Supreme Court heard oral argument in the Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund case, which addresses the pleading standard for a claim under Section 11 of the…
Rank this Week: 765

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: 646

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: 652

Electronic Discovery and Evidence

Electronic Discovery and Evidence

Offers a digest of cases, comments and other matters relating to electronic discovery and electronic evidence. By Michael Arkfeld.

http://arkfeld.blogs.com/ede/
Rank this Week: 695

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: 709

Austin Personal Injury Blog

Austin Personal Injury Blog

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

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

    Do Personal Injury Lawyers Make A Difference?

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

    Eagle Ford Shale and Trucking Accident

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

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie
    Austin’s annual Republic of Texas (ROT) Rally has come and gone, and again we’ve had too many motorcycle fatalities.   This year, three motorcyclists were killed during the weekend. In the first incident, a rider crashed into a…
Rank this Week: 769

The Illinois Trial Practice Weblog

The Illinois Trial Practice Weblog

Offers tips and techniques for trials lawyers. By Evan Schaeffer.

http://www.illinoistrialpractice.com/
  • Dec 18

    The Frustrations of Continuing Continuance

    The Frustrations of Continuing Continuance
    At The Velvet Hammer, Karen Koehler paints a realistic picture of the difficulties involved in finally getting a case to trial: "Bump Bounce and Roll: Trying to start a trial" (a post that also explains why I can't watch The...
  • Dec 15

    An Easy Tip to Make Your Writing Look More Professional

    An Easy Tip to Make Your Writing Look More Professional
    Want to instantly make your writing look more professional? The secret can be found in Bryan Garner's A Dictionary of Modern American Usage in an entry titled "phrasal adjectives"-- When a phrase functions as an adjective--an increasingly…
  • Dec 9

    A Shockingly Great Christmas Gift for Lawyer

    A Shockingly Great Christmas Gift for Lawyer
    It's my book How to Feed a Lawyer (and Other Irreverent Observations from the Legal Underground). From the Amazon reviews-- I titled this "Hodgman for the Legal Set", because I think fans of one would enjoy the other ... It...
Rank this Week: 1017

Class Action Blog

Class Action Blog

Covers class action litigation in the Southeast and class action arbitrations nationally. By Carlton Fields Jorden Burt.

http://www.cfjblaw.com/classactionblog/blog.aspx
Rank this Week: 1006

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Dec 18

    When You Feel Your Rights Slipping Out From Under You, Consider Lawsuit Funding

    When You Feel Your Rights Slipping Out From Under You, Consider Lawsuit Funding
    Have you been injured in a slip and fall accident, retained an attorney, and struggling to make ends meet? Don’t get discouraged about your financial situation, contact a legal finance company to learn about litigation funding and how…
  • Dec 16

    Why a Plaintiff in Personal Injury Litigation May Need Lawsuit Funding

    Why a Plaintiff in Personal Injury Litigation May Need Lawsuit Funding
    Plaintiffs in personal injury cases often times are unable to work due to injuries and face high medical bills, making lawsuit funding incredibly helpful. While negligence can be due to a defective product, medical malpractice, slip and fall…
  • Dec 12

    Financial Assistance to Help You Claim Your Right

    Financial Assistance to Help You Claim Your Right
    While negligence can be due to a defective product, medical malpractice, slip and fall accident, or dangerous products, the most common cause is an auto accident. When a personal injury occurs, the first step is to seek medical attention.…
Rank this Week: 822

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
  • Dec 17

    U.S. Fifth Circuit Rules that Shore-Based Vessel Repair Supervisor is Jones Act Seaman

    U.S. Fifth Circuit Rules that Shore-Based Vessel Repair Supervisor is Jones Act Seaman
    By Dylan Thriffiley Naquin v. Elevating Boats, L.L.C., — F.3d —, 2014 WL 917053, No. 12-31258 (5th Cir. Mar. 10, 2014) (Davis and Milazzo, J.; Jones, J. dissenting) In a decision that will undoubtedly have a lasting impact on…
  • Dec 17

    Fifth Circuit Recognizes Subrogation Lien In Jones Act Case

    Fifth Circuit Recognizes Subrogation Lien In Jones Act Case
    By Amanda Howard In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized that an insurer providing and making voluntary payments to an injured employee under the Longshore and…
  • Dec 10

    Work Related Stress: It Comes With The Job for a Jones Act Seaman

    Work Related Stress: It Comes With The Job for a Jones Act Seaman
    By Daniel B. Stanton In a recent decision, the Eleventh Circuit in Skye v. Maersk Line Limited, Corp., 751 F.3d 1262 (11th Cir. 2014), reveresed a district court ruling awarding damages to a Jones Act seaman for injuries stemming from…
Rank this Week: 1115

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
  • Dec 17

    More Obstacles for Food Labeling Class Action

    More Obstacles for Food Labeling Class Action
    The Ninth Circuit is poised to address the implicit “ascertainability” requirement for class actions in Jones v. ConAgra Foods, Inc., No 14-16327 (9th Cir.). Briefing is underway in that matter in which the district court denied…
  • Dec 16

    Supreme Court to determine if Time Spent by Employees in Security Check is Compensable

    Supreme Court to determine if Time Spent by Employees in Security Check is Compensable
    The U.S. Supreme Court has granted review of Integrity Staffing Solutions v. Busk to determine whether time spent by employees in a security check line constitutes work and is therefore compensable. The case was brought by employees of…
  • Dec 8

    What is the Impact of The Affordable Care Act on Future Medical Expenses?

    What is the Impact of The Affordable Care Act on Future Medical Expenses?
    Catastrophic injury cases with expensive life care plans pose significant exposure issues to our clients. The Affordable Care Act guarantees consumers the right to purchase health insurance and caps annual out-of-pocket medical expenditure,…
Rank this Week: 841