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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Feb 22

    Petition of the day

    Petition of the day
    The petition of the day is: Castro v. Department of Homeland Security 16-812 Issues: (1) Whether the U.S. Court of Appeals for the 3rd Circuit erred in holding that the petitioners are not entitled to judicial review of their…
  • Feb 22

    Trump administration rescinds guidance at center of transgender bathroom dispute

    Trump administration rescinds guidance at center of transgender bathroom dispute
    One day before lawyers for a transgender teen who identifies as a boy and wants to use the boys’ bathroom at his Virginia high school are due to file their brief in the Supreme Court, the Trump administration today withdrew guidance,…
  • Feb 22

    Opinion analysis: Court outlines boundaries between disabilities, education case

    Opinion analysis: Court outlines boundaries between disabilities, education case
    When Stacy and Brent Fry obtained a goldendoodle for their five-year-old daughter, E.F., in 2009, they could not possibly have imagined that they would find themselves, seven years later, at the U.S. Supreme Court. But that is exactly where…
Rank this Week: 10

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 11

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
  • Feb 20

    Coming soon: “Conflict of Laws – A Comparative Approach” by Gilles Cuniberti

    Coming soon: “Conflict of Laws – A Comparative Approach” by Gilles Cuniberti
    Professor Gilles Cuniberti (University of Luxembourg) has authored a casebook entitled “Conflict of Laws – A Comparative Approach” which will be released this month by Edward Elgar Publishing. The official abstract kindly…
  • Feb 18

    FOREIGN DIRECT INVESTMENT & THE RULE OF LAW: Call for proposal

    FOREIGN DIRECT INVESTMENT & THE RULE OF LAW: Call for proposal
     CALL FOR PROPOSALS FOR A SPECIAL ISSUE OF ACTA JURIDICA The Acta Juridica invites proposals for its special issue: Foreign Direct Investment (FDI) & The Rule of Law. Contributors will be invited to attend a Colloquium to be held in…
  • Feb 17

    Eleventh José María Cervelló Business Law Prize – Essays on Brexit

    Eleventh José María Cervelló Business Law Prize – Essays on Brexit
    The José María Cervelló Chair of IE Law School and the ONTIER law firm announce the “Eleventh José María Cervelló Busines Law Prize”. The main purpose of the Prize is to promote legal…
Rank this Week: 31

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: 61

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: 66

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Feb 21

    Sexual Assault in School Held Not Foreseeable

    Sexual Assault in School Held Not Foreseeable
    In K.G.R. v. Union City School District, No. W2016-01056-COA-R9-CV (Tenn. Ct. App. Dec. 14, 2016), the Court of Appeals overturned a denial of summary judgment, determining that the incident that occurred was not foreseeable and that…
  • Feb 20

    Maury County Fall Down Case Falls Down. Hard.

    Maury County Fall Down Case Falls Down. Hard.
    Not every fall results in a successful premises liability case, as the plaintiffs in a recent Tennessee Court of Appeals case were reminded. In Woodgett v. Vaughan, No. M2016-00250-COA-R3-CV (Tenn. Ct. App. Dec. 13, 2016), plaintiff filed…
  • Feb 15

    Exclusion of Expert Testimony Reversed – New Trial Ordered

    Exclusion of Expert Testimony Reversed – New Trial Ordered
    In Holmes v. Christ Community Health Services, Inc., No. W2016-00207-COA-R3-CV (Tenn. Ct. App. Nov. 29, 2016), the Court of Appeals overturned the exclusion of expert testimony in an HCLA case. In 2004, plaintiff fell and hurt her right…
Rank this Week: 74

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
  • Feb 20

    Arkansas Senate agrees to let voters decide on constitutional amendment limiting punitive damage

    Arkansas Senate agrees to let voters decide on constitutional amendment limiting punitive damage
    Arkansas could soon join the ranks of states that place a ceiling on punitive damages.  This article from the Magnolia Reporter of Arkansas reports that the Arkansas Senate voted in favor of a resolution (SJR8) that will ask the voters…
  • Feb 1

    New Jersey federal jury awards $50 million in punitive damages against Lockheed Martin

    New Jersey federal jury awards $50 million in punitive damages against Lockheed Martin
    A few days ago, Law.com reported that a jury in federal district court in New Jersey has awarded $1.5 million in compensatory damages and $50 million in punitive damages in an age discrimination suit against Lockheed Martin. The article…
  • Jan 31

    Montana House moves to tighten limits on punitive damage

    Montana House moves to tighten limits on punitive damage
    Insurance Journal reports that the Montana House voted last week 60-40 to further tighten that state's legislative cap on punitive damages.  Under existing Montana law, punitive damages are capped at the lesser of $10 million or 3…
Rank this Week: 86

White Collar Defense and…

White Collar Defense and Compliance

Covers developments in criminal law, federal case law, and statutes. Published by Alan Leibman of Fox Rothschild.

http://whitecollarcrime.foxrothschild.com/
  • Apr 8

    See you on LinkedIn

    See you on LinkedIn
    Alain Leibman writes: We have endeavored from the outset of this blog to offer thoughtful, possibly useful, and occasionally provocative analyses of developments in the criminal law, a time-intensive effort.  Regrettably, a busy workload…
  • Mar 18

    Does your Third Circuit judge vote as a “conservative, moderate, or liberal”?

    Does your Third Circuit judge vote as a “conservative, moderate, or liberal”?
    Alain Leibman writes: Matthew Stiegler, a Philadelphia attorney, has a terrific blog dedicated to reporting on, and thoughtfully analyzing, developments in the Third Circuit Court of Appeals, called the CA3blog.  Matthew has written a…
  • Jan 30

    Third Circuit Opinion Cites Alain Leibman’s Fox WC Blog Entry

    Third Circuit Opinion Cites Alain Leibman’s Fox WC Blog Entry
    Alain Leibman writes: Those of you who follow, or at least sporadically read, this blog know that it attempts to treat in a considered way important issues facing the white collar bar and our clients.  Still, like any blog, it exists…
Rank this Week: 90

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/
  • Feb 22

    Academic Commentary on the Pending Class Action Bill

    Academic Commentary on the Pending Class Action Bill
    From the Mass Tort Litigation Blog comes this list of academic commentary on the so-called "Fairness in Class Action Litigation Act," H.R. 985: John Coffee (Columbia) Howard Erichson (Fordham) Myriam Gilles (Cardozo) Elizabeth…
  • Feb 22

    Grossi on The Claim

    Grossi on The Claim
    Simona Grossi has posted on SSRN a draft of her article, The Claim. Here’s the abstract: I felt compelled to write this article when I realized that our law interpreters and reformers lack an understanding of the meaning and role...
  • Feb 21

    Law Student Writing Competition on Class Action

    Law Student Writing Competition on Class Action
    Here’s the announcement for the American Association for Justice Class Action Litigation Group’s second annual law student writing competition: Download CALG Writing Competition Rules 2016-2017 Deadline to submit is April 30, 2017.
Rank this Week: 115

Legally Speaking Ohio

Legally Speaking Ohio

Provides commentary and analysis on cases going in front of the Supreme Court of Ohio. By Marianna Bettman.

http://www.legallyspeakingohio.com
Rank this Week: 147

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Feb 16

    HR 985: A Sneak Attack On Veterans, Consumers, and Patient

    HR 985: A Sneak Attack On Veterans, Consumers, and Patient
    Without even holding a hearing, the House Judiciary Committee just passed a new bill (H.R. 985) that would make it far harder to sue large corporations when they cheat or hurt people. The vote was on party lines, with all Republicans voting…
  • Feb 8

    Rethinking Article III Standing Requirement

    Rethinking Article III Standing Requirement
    More than 2.6 million people tuned in to hear the Ninth Circuit’s oral argument in State of Washington, et al., vs. Donald Trump, President of the United States, et al, one of the cases challenging the Muslim refugee ban. It was a…
  • Jan 12

    Donald Trump And Honest Services Fraud

    Donald Trump And Honest Services Fraud
    LBJ gave up his radio stations. Jimmy Carter gave up his peanut farm. Untangling Donald Trump from his web of companies and interests is a bit more complicated.   Yesterday, a team of lawyers at Morgan Lewis released a “white…
Rank this Week: 151

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: 142

ICT for Peacebuilding

ICT for Peacebuilding

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

http://ict4peace.wordpress.com
  • Feb 19

    Identifying & combatting Fake News: A primer

    Identifying & combatting Fake News: A primer
    I was recently asked to put together a presentation on the fake news phenomenon for discussions with leading journalists and media institutions in a developing country, with extremely poor media literacy but strong growth around social media…
  • Dec 19

    Corridors of Power: Constitutional Power and Architecture

    Corridors of Power: Constitutional Power and Architecture
    Delivered a short presentation today to the Friedrich Naumann Foundation for Freedom office in Colombo on ‘Corridors of Power’, an exhibition I curated with Channa Daswatta and Asanga Welikala that explores Sri Lanka’s…
  • Nov 30

    Fake news in Myanmar: Social Media verification workshop

    Fake news in Myanmar: Social Media verification workshop
    Cross-posted from the ICT4Peace Foundation website. ### An informal workshop on verifying news and information spread across social media was held recently at Phandeeyar in Yangon, Burma, led by the Foundation’s Special…
Rank this Week: 203

Tennessee Defense Litigation

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/
Rank this Week: 226

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/
  • Feb 15

    S2P2J Release 61

    S2P2J Release 61
    The United States structured settlement industry has been in existence for more than 40 years and continues to expand its scope, complexity and importance within the context of personal injury settlement planning. The industry consists of…
  • Jan 18

    Interview with SSP President Joe Tomb

    Interview with SSP President Joe Tomb
    Joe Tombs is currently completing the first year of a two-year term as President of the Society of Settlement Planners (SSP). SSP's 2017 Annual Conference is scheduled for March 1-3 in Las Vegas. As Tombs prepares for this event, he...
  • Jan 16

    SSP President Responds to AIG Class Action Lawsuit

    SSP President Responds to AIG Class Action Lawsuit
    Based upon the history of the Society of Settlement Planners (SSP), and the role of Richard Risk (an SSP founder and member) as one of the plaintiff attorneys, structured settlement industry participants might assume that SSP, as an…
Rank this Week: 213

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: 186

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: 218

CEB blog

CEB blog

Covers practice tips and new legal developments of particular interest to California legal professionals. The CEB blog covers a wide range of practice areas from estate planning to civil litigation, along with posts relating to the practice of law generally.

http://blog.ceb.com
  • Feb 22

    Caution! Sever a Joint Tenancy Before Conveying the Interest to a Third Party

    Caution! Sever a Joint Tenancy Before Conveying the Interest to a Third Party
    As a graduation present, your client purchases her son a home. Although the plan was for the son to live there alone, the client and her son take title as joint tenants. Years later, your client remarries and asks you to convey her interest…
  • Feb 17

    How to Prepare a Trial Outline

    How to Prepare a Trial Outline
    Heading to trial? Start your planning by preparing a trial outline. Here are the key things to include and a sample outline to give you an idea how it looks. The basics for any trial outline are: A list of all essential elements of the case.…
  • Feb 15

    The Do’s and Don’ts of Cultivating Clients in the Marijuana Field

    The Do’s and Don’ts of Cultivating Clients in the Marijuana Field
    The following is a guest blog post by Allison B. Margolin, a partner at Margolin and Lawrence in Los Angeles. Ms. Margolin practices criminal defense and civil litigation in both state and federal court. California’s new law legalizing…
Rank this Week: 255

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/
  • Feb 22

    The Impact of Business Courts (Outside of Delaware)

    The Impact of Business Courts (Outside of Delaware)
    Jens Dammann, Business Courts and Firm Performance (U. Tex. Research Paper No. 564, 2017), available at SSRN.Omari SimmonsProfessor Jens Dammann’s paper titled Business Courts and Firm Performance is a bold attempt to answer a vexing…
  • Feb 21

    (Almost) Everything You Wanted to Know About Class Action

    (Almost) Everything You Wanted to Know About Class Action
    John C. Coffee, Jr., Entrepreneurial Litigation: Its Rise, Fall, and Future (2015).Alexandra D. LahavWith the advent of the new administration, aggregate litigation is under attack again. As of this writing new legislation aimed at limiting…
  • Feb 20

    The Role of “Good Prosecutors” in Advancing Access to Criminal Justice

    The Role of “Good Prosecutors” in Advancing Access to Criminal Justice
    Bruce A. Green, Access to Criminal Justice: Where Are the Prosecutors? 3 Tex. A&M L. Rev. 515 (2016).Susan FortneyJurisdictions around the world have adopted “access to justice” as an objective for regulation of the legal…
Rank this Week: 234

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Feb 21

    Pennsylvania Superior Court Rules Jury Cannot Award Damages That Were Neither Sought or Proven

    Pennsylvania Superior Court Rules Jury Cannot Award Damages That Were Neither Sought or Proven
    In the case of Stapas v. Giant Eagle, Inc., 2016 Pa. Super. 303 (Pa. Super. Dec. 23, 2016 Stabile, J. Bowes, J. Musmanno, J.) (Op. by Stabile, J.), the Pennsylvania Superior Court reversed, in part, the trial court’s denial of…
  • Feb 15

    Bad Faith Claim Based Upon Sackett Dispute Rejected

    Bad Faith Claim Based Upon Sackett Dispute Rejected
    In a recent decision out of the Western District Federal Court of Pennsylvania in the case of Trustgard  Ins. Co. v. Campbell, No. 16-CV-1013 (W.D. Pa. Nov. 28, 2016 Schwab, J.), the court rejected a claim of bad faith in the case where…
  • Feb 15

    Judge Munley of Federal Middle District Grants Summary Judgment in Bad Faith Claim

    Judge Munley of Federal Middle District Grants Summary Judgment in Bad Faith Claim
    In his recent decision in the case of Yatsonsky v. State Farm Fire & Cas. Ins. Co., 3:15-CV-1777 (M.D. Pa. Dec. 5, 2016 Munley, J.), Judge James M. Munley granted a carrier’s Motion for Summary Judgment in a bad faith claim.In this…
Rank this Week: 296

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Feb 15

    One Expert Disallowed and Two Experts Allowed in Part in Products Liability Case

    One Expert Disallowed and Two Experts Allowed in Part in Products Liability Case
    Plaintiff sued Defendant for products liability for foam insulation that was installed in the their home.  They hired three experts and the defendants filed motions to exclude their testimony. Facts:  This case (Monica and Richard…
  • Feb 13

    Three Experts Allowed in Negligence Case

    Three Experts Allowed in Negligence Case
    Plaintiff sued defendant for negligence when a live electrical wire caused injury to their minor child.  The plaintiff hired three expert witnesses, which were challenged by defendant.  The court denied the motion to exclude. Facts:…
  • Feb 10

    Correctional Healthcare Expert Witness Testimony Allowed in Part

    Correctional Healthcare Expert Witness Testimony Allowed in Part
    The estate of man who died while in prison filed suit against the nurses and county.  The plaintiffs hired a correctional healthcare expert witness and the defendants filed a motion to exclude the testimony. Facts: This case (Lee v.…
Rank this Week: 290

Texas Causes of Action Blawg

Texas Causes of Action Blawg

Features caselaw updates and cites on causes of actions and affirmative defenses culled from Texas appeals court opinions. By Wolfgang Demino.

http://causeofactionelements.blogspot.com/
  • Feb 14

    Doctrine of laches (not the same as statute of limitations, but similar)

    Doctrine of laches (not the same as statute of limitations, but similar)
    LACHES DOCTRINE IS EQUITABLE IN NATURE, WHILE SOL IS STATUTORY  Laches is an equitable remedy that prevents a plaintiff from asserting a claim due to a lapse of time. Green v. Parrack,974 S.W.2d 200, 203-04 (Tex. App.-San Antonio…
  • Jan 10

    Principles of statutory construction

    Principles of statutory construction
    When can extrinsic information be considered in construing a statute? The meaning of a statute is a legal question, which we review de novo to ascertain and give effect to the legislature's intent. Entergy Gulf States, Inc. v.…
  • Jan 10

    Res Judicata Case

    Res Judicata Case
    EFFECT OF RES JUDICATA WHEN PROPERLY ASSERTED AS AFFIRMATIVE DEFENSE Res judicata bars claims that were brought, or could have been brought, in an earlier lawsuit that resulted in a final judgment on the merits. Igal v. Brightstar…
Rank this Week: 265

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Feb 3

    Alice Dismissal, Without More, is Not Necessarily Exceptional

    Alice Dismissal, Without More, is Not Necessarily Exceptional
    O2 Media, LLC v. Narrative Science Inc., No. 15 C 5129, Slip Op. (N.D. Ill. Jan. 3, 2017) (Tharp, J.). Judge Tharp denied defendant Narrative Sciences’ 35 U. S.C. § 285 motion to make the case exceptional after using a motion to…
  • Feb 1

    One Plaintiff’s Copyright Claim Creates Supplemental Jurisdiction Over Other Plaintiff’s State Law Claim

    One Plaintiff’s Copyright Claim Creates Supplemental Jurisdiction Over Other Plaintiff’s State Law Claim
    Kosten v. Kosten, No. 16 C 6666, Slip Op. (N.D. Ill. Dec. 14, 2016) (Kennelly, J.). Judge Kennelly denied in part defendant’s Fed. R. Civ. P. 12(b) motion to dismiss plaintiff’s state law claims in this case involving copyright…
  • Jan 30

    Court Strikes Answer’s “Oxymoronic” Denial

    Court Strikes Answer’s “Oxymoronic” Denial
    Levi Strauss & Co., v. Zhejiang Weidu Co., Ltd., No. 16 C 7824, Slip Op. (N.D. Ill. Dec. 28, 2016) (Shadur, Sen. J.). Judge Shadur sua sponte struck defendant Yogeemall’s answer and affirmative defenses with leave to refile for the…
Rank this Week: 326

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: 311

Federal Criminal Lawyer Blog

Federal Criminal Lawyer Blog

Covers legal topics such as appeals, drug crimes, internet crimes, white collar crime, and federal criminal trials. By Kish & Lietz.

http://www.georgiafederalcriminallawyerblog.com/
  • Feb 22

    The Brady Rule: The Fox Guards the Henhouse

    The Brady Rule: The Fox Guards the Henhouse
    Of all the rules governing criminal cases I have learned over the past 33 years, the Brady rule is the most troubling.  Brady teaches that the government violates the due process rights of a criminal Defendant if the prosecution fails to…
  • Feb 21

    Pleading Guilty: The Single Biggest Decision

    Pleading Guilty: The Single Biggest Decision
    Handling criminal cases, mostly in the federal courts in Atlanta, throughout Georgia, and in many other states, is how we spend most of our time, as anyone who reads this blog knows. The single biggest decision in most of our cases is whether…
  • Feb 8

    Fascination: the U.S. Supreme Court Once Again Looks at Federal Gun Law

    Fascination: the U.S. Supreme Court Once Again Looks at Federal Gun Law
    The online Merriam-Webster dictionary defines the root word of “fascination” as “to transfix or hold spellbound by an irresistible power.”  Since 1971, the Supreme Court of the United States has on all least 13…
Rank this Week: 432

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Feb 22

    A Preview of the State's Appellate Brief in the Adnan Syed Case

    A Preview of the State's Appellate Brief in the Adnan Syed Case
    It's currently five days before the State's first brief is due in the Adnan Syed appeal. The State is appealing the portion of Judge Welch's order concluding that Syed's trial counsel's failure to challenge the State's cell phone location…
  • Feb 20

    In My Opinion: My Review of "The Good Fight" Premiere

    In My Opinion: My Review of "The Good Fight" Premiere
    Early in the first episode of "The Good Fight," Maia Rindell (Rose Leslie) asks Diane Lockhart (Christine Baranski), "Are we on the right side of this?" The two are defending Cook County in a lawsuit alleging police…
  • Feb 17

    Article of Interest: Julia Simon-Kerr's "Credibility by Proxy"

    Article of Interest: Julia Simon-Kerr's "Credibility by Proxy"
    Back in November 2014, Julia Simon-Kerr, an Associate Professor at the University of Connecticut School of Law, did a series of guest posts on this blog (see here). Those posts were about one of my favorite subjects covered by the...
Rank this Week: 459

Workplace Class Action Blog

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/
Rank this Week: 422

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/
  • Feb 10

    Compare and Contrast

    Compare and Contrast
    NERA Economic Consulting and Cornerstone Research have released their respective 2016 annual reports on federal securities class action filings.  As usual, the different methodologies employed by the two organizations have led to…
  • Jan 30

    Transparently Aspirational

    Transparently Aspirational
    Can shareholders bring a claim for securities fraud when a corporate official violates the company’s code of conduct after publicly touting the business’s high standards for ethics and compliance?  According to the U.S. Court…
  • Jan 22

    Pipe Dream

    Pipe Dream
    The federal securities laws have statutes of repose that bar a suit after a fixed number of years from the time the defendant acts in some way.  There is an appellate split, however, over whether the existence of a class ……
Rank this Week: 365

Whistleblower Qui Tam Lawyer Blog

Whistleblower Qui Tam Lawyer Blog

Provides updates and commentary on whistleblower cases. By McCabe Rabin, P.A.

http://www.whistleblowerquitamlawyerblog.com/
  • Feb 10

    What Should You Not Do as a Whistleblower?  Tell the Defendant

    What Should You Not Do as a Whistleblower?  Tell the Defendant
     One thing we cannot stress enough as attorneys for relators in False Claims Act cases is to respect the seal.  As you may know from reading this blog, the False Claims Act requires that any case filed by a qui tam whistleblower has…
  • Jan 27

    How do I blow the whistle on tax fraud?

    How do I blow the whistle on tax fraud?
       Every year, people and companies in the United States cheat on their taxes.  The IRS has a special term for the amount of taxes that go unpaid each year.  It’s called the “Tax Gap,” which means the…
  • Jan 3

    Billing for Medically Unnecessary Service

    Billing for Medically Unnecessary Service
     In the world of False Claims Act qui tam cases, the concept of medical necessity is a very big issue. This is because Medicare requires, as a condition of coverage, that services delivered to a patient be “reasonable and necessary…
Rank this Week: 420

Accessibility Defense

Accessibility Defense

Covers the defense of accessibility claims under the ADA and FHA. By Richard Hunt.

http://accessdefense.com
  • Feb 2

    Beware the ADA settlement that buys a big bag of nothing.

    Beware the ADA settlement that buys a big bag of nothing.
    We’ve written before about the perils of private ADA settlements. The yin and yang of ADA defense. Perilous settlements and temporary victories, and Starbucks and the ADA – more perilous settlements and temporary victories.…
  • Jan 31

    Hunt article published in The National Psychologist

    Hunt article published in The National Psychologist
    The National Psychologist’s January/February 2017 edition includes Richard’s article “What is a disability, anyway?” The article explains for mental health professionals why caution is needed in diagnosing a…
  • Jan 22

    Florida Court rejects ADA claim based on website accessibility

    Florida Court rejects ADA claim based on website accessibility
    On January 17 the District Court for the Middle District of Florida flatly rejected an ADA claim based on a lack of website accessibility. The Court’s explanation was straightforward: “Regardless, Plaintiff may not claim a…
Rank this Week: 391

Asset Search Blog

Asset Search Blog

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

http://www.assetsearchblog.com/
  • Aug 21

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.
    The August 5th Bloomberg article “This Company Has Built a Profile on Every American Adult,” brings up IDI,Inc. The article suggests that IDI has built a profile about you on its idiCore database. Private…
  • Jul 25

    Divorce & Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset

    Divorce & Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset
    Plastic surgeon Michael D. Brandner & business owner Goderick Augustus Benjamin were accused of committing federal crimes & hiding assets from their wives. Like Dr. Brandner & Mr. Benjamin, Steven Zinnel was a divorcing…
  • Jul 4

    A Laundry List For An Asset Search

    A Laundry List For An Asset Search
    Governmental authorities follow money trails in order to interdict assets hidden by narco-traffickers; money launderers; Ponzi schemers; tax fraudsters & other determined criminals. During your asset search, you can similarly follow…
Rank this Week: 429

DRI Today

DRI Today

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

http://forthedefense.org/Default.aspx
  • Jun 16

    Insured’s False Statements Lead to No Coverage

    Insured’s False Statements Lead to No Coverage
    An insurer does not have to provide coverage when the insured’s business operation and use of the premises was not in accordance with that listed on the insurance application. In Nationwide Mutual Fire Insurance Co. v. Almco Ltd., a…
  • Jun 6

    Selecting Client

    Selecting Client
    I am not above revisiting a topic.  It can be like jury work where you need to tell them three times and then show them the visual of the same.  So, I say again you should be selecting which clients you will represent with conscious…
  • Apr 15

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated
    The California Court of Appeal for the Fourth District recently held in Underwriters of Interest Subscribing Policy Number A15274001 v. ProBuilders Specialty Insurance Company that the statute of limitation on the insurer’s equitable…
Rank this Week: 373

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: 465

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: 595

Chicago Trial Attorney Blog

Chicago Trial Attorney Blog

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

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

    Piercing Corporate Veils / Alter Ego - Business Litigation

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

    Nursing Home Abuse & Neglect - Growing Elderly Population

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

    Workers Compensation War!

    Workers Compensation War!
    Shockingly, States are trying to "dismantle" the workers compensation system. Little do you pay attention to such laws until you get hurt at work and start the downward financial (and health) spiral because some insurance company won't pay…
Rank this Week: 376

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: 368

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/
  • Feb 22

    2d DCA pro tem update

    2d DCA pro tem update
    The following are currently sitting on assignment in the 2d DCA:Judge Allan Goodman (Retired) of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Two until March 31, 2017.Judge Rupa Goswami of the Los Angeles…
  • Feb 21

    "Thinking outside the American appellate box"

    "Thinking outside the American appellate box"
    That's the title of today's Moskovitz on Appeals column in the DJ, continuing a comparison of American versus British appellate procedures. Of particular interest is discussion of an experiment in the 3d District decades ago:one California…
  • Feb 17

    Is the 9th Cir. really a "Court in Chaos"?

    Is the 9th Cir. really a "Court in Chaos"?
    Law360 reports Trump Slams 9th Circ. As Court In ‘Chaos,’ ‘Turmoil’, which begins: "President Donald Trump slammed the Ninth Circuit on Thursday as a court in “chaos” and “turmoil,” claiming at…
Rank this Week: 767

Chicago Lawyer Blog

Chicago Lawyer Blog

Covers personal injury. By Salvi, Schostok & Pritchard P.C.

http://www.salvilaw.com/blog/
  • Feb 22

    Nursing home employee fired, charged after dancing on 100-year-old patient with dementia

    Nursing home employee fired, charged after dancing on 100-year-old patient with dementia
    SANDUSKY, OHIO (February 22, 2017) – A Sandusky, Ohio nursing home worker was caught on camera flashing a 100-year-old dementia patient and performing a lap dance for him. Brittany L. Fultz, 26, was charged with gross sexual imposition…
  • Feb 21

    New data shows Chicago pedestrian deaths on the rise

    New data shows Chicago pedestrian deaths on the rise
    Chicago car accident attorney concerned for pedestrian safety as Spring approaches CHICAGO (February 21, 2017) – New data released by the Chicago Department of Transportation shows 44 pedestrians were killed by motorists in 2016, up 26…
  • Feb 20

    High speed Des Plaines crash leaves 3 family members, driver dead

    High speed Des Plaines crash leaves 3 family members, driver dead
    DES PLAINES, Ill. (February 20, 2017) – A 21-year-old driver with a history of speeding may have been traveling faster than 100 mph when he slammed into another car, killing himself and three family members. The fatal crash occurred…
Rank this Week: 1002

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Feb 22

    Smartphone – Dumb Driver

    Smartphone – Dumb Driver
    The Wall Street Journal reported Tuesday on the ‘epidemic issue’ of drivers distracted by their smartphones. In response, auto insurers are raising rates for everyone. And its not just texting. Insurer surveys show that in 2015,…
  • Feb 20

    $37,200 Jury Verdict in Gulfport Federal Court Sexual Harassment Trial

    $37,200 Jury Verdict in Gulfport Federal Court Sexual Harassment Trial
    What better way to observe Presidents’ Day than a report on a jury verdict in a recent sexual harassment trial? The trial was week before last in Gulfport in the case of Canaski v. Mid-Mississippi Properties. Here is the salacious…
  • Feb 9

    Mississippi House Passes More Tort Reform

    Mississippi House Passes More Tort Reform
    The Mississippi House of Representatives passed HB 481 this week. Here is the bill. The bill legislatively abrogates the collateral source rule. The purpose of the bill is to kill what’s left of the plaintiff’s bar in Mississippi.…
Rank this Week: 971

Percipient E-Discovery Blog

Percipient E-Discovery Blog

A blog about e-discovery, technology and other related matters of interest.

https://percipient.co/blog
  • Feb 20

    New Rule Will Permit Self Authentication of Electronic Evidence

    New Rule Will Permit Self Authentication of Electronic Evidence
    Although receiving far less attention than the 2015 amendments to the Federal Rules of Civil Procedure, proposed changes to federal evidence rules addressing electronically stored information (ESI) are slated for later this year.…
  • Feb 13

    That Ancient Email You Saved From 1997 Is And Will Always Be Hearsay

    That Ancient Email You Saved From 1997 Is And Will Always Be Hearsay
    Although receiving far less fanfare than the 2015 amendments to the Federal Rules of Civil Procedure, proposed changes to Federal Rules of Evidence addressing electronically stored information (ESI) are slated for December 1, 2017. The…
  • Jan 30

    Raise Spoliation Before Summary Judgment (or Forever Hold Your Peace)

    Raise Spoliation Before Summary Judgment (or Forever Hold Your Peace)
    A recent federal appeals case reminds us that if evidence spoliation is suspected, it might be best to bring it to the court’s attention via Federal Rule of Civil Procedure 56(d) before opposing a summary judgment motion. Rule…
Rank this Week: 1140

California Business Litigation…

California Business Litigation Blog

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

http://www.californiabusinesslitigation.com/
  • Feb 17

    Worker’s Medical Marijuana To Be Covered By Worker’s Compensation Insurance

    Worker’s Medical Marijuana To Be Covered By Worker’s Compensation Insurance
    A December 2016 decision reached by an Administrative Law Judge in New Jersey may have implications for employers in other states where medical marijuana is legal. With the current trend toward legalization of marijuana, it’s only…
  • Feb 9

    Judge Denies Walmart Drivers Another $80 Million in Wage Lawsuit

    Judge Denies Walmart Drivers Another $80 Million in Wage Lawsuit
    U.S. District Judge Susan Illston has ruled that Walmart truck drivers are not entitled to an additional $80 million in a class action lawsuit settlement. The complaint was filed in 2008 with hundreds of California truck drivers claiming that…
  • Feb 3

    California Student Forced to Urinate in Bucket Awarded $1.25 Million By Jury

    California Student Forced to Urinate in Bucket Awarded $1.25 Million By Jury
    A former student in San Diego has been awarded more than $1.25 million stemming from an incident in which she was forced to relieve herself in a bucket. Back in 2012, the 14 year-old student was in a 25-minute advisory class at Patrick Henry…
Rank this Week: 903

The Courtroom Insight Blog

The Courtroom Insight Blog

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

http://blog.courtroominsight.com/
  • Feb 17

    Where does Supreme Court Nominee, Neil Gorsuch stand on Intellectual Property Patents?

    Where does Supreme Court Nominee, Neil Gorsuch stand on Intellectual Property Patents?
    Flachsbart & Greenspoon partner, Robert Greenspoon hopes that Supreme Court Nominee, Neil Gorsuch will assist in the “scaling back the inter partes review procedures created by the America Invents Act (AIA).”  However,…
  • Jan 30

    Is Your Expert Witness “Hot Tubbing” in the Courtroom?

    Is Your Expert Witness “Hot Tubbing” in the Courtroom?
    Last Fall, the National Law Review reported on the concept of “Hot Tubbing” in U.S. Courts.  They define the practice of presenting concurrent expert evidence, or “Hot Tubbing” as asking experts in the case to…
  • Jan 10

    New Software Release Includes Unique Expert Witness Service

    New Software Release Includes Unique Expert Witness Service
    Courtroom Insight is pleased to announce a brand new service and significant new enhancements with the latest release of our knowledge management software. First, we are proud to offer a new expert witness information service that…
Rank this Week: 624

Ringler Radio - Legal Settlements

Ringler Radio - Legal Settlements

Internet radio show / Podcast hosted by the leaders in structured settlements. From Ringler Associates and the Law Talk Network.

http://legaltalknetwork.com/podcasts/ringler-radio
  • Feb 12

    Myth vs. Fact: The Civil Justice System

    Myth vs. Fact: The Civil Justice System
    A report on the state of the Illinois legal system from the Illinois Trial Lawyer Association reveals many misconceptions when it comes to lawyers, litigation and the civil justice system. That’s the topic of discussion on thisRingler…
  • Dec 18

    Exploding Samsung Cell phones and Litigation

    Exploding Samsung Cell phones and Litigation
    Everyone has heard the stories about the exploding Samsung cell phones, specifically, the Galaxy Note 7. Samsung cellphone owners were either burned from the explosions or the explosions caused severe property damage. On this edition of…
  • Nov 13

    Exploding E-Cigarettes and Litigation

    Exploding E-Cigarettes and Litigation
    Reports that e-cigarettes have been exploding resulting in severe burns, allegedly due to a battery malfunction, is resulting in litigation.  Ringler Radio, host Larry Cohen joins attorney William R. Sutton from the Beasley Allen law…
Rank this Week: 616

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/
  • Feb 10

    Washington Bar Association allows virtual law office

    Washington Bar Association allows virtual law office
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Washington Bar Association Allows Virtual Law Offices The Washington State Bar Association wasn’t the first bar to consider the ethics of…
  • Jan 30

    California Bar on the ethics of blogging

    California Bar on the ethics of blogging
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. *** California Bar on the ethics of blogging Blogs have been around for over a decade now and lawyers have been blogging from the very start.…
  • Jan 26

    D.C. Bar on mining social media for evidence and more

    D.C. Bar on mining social media for evidence and more
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. *** D.C. Bar on mining social media for evidence and more Last month I wrote about D.C. Bar Opinion 370, which addresses the ethics of lawyers using…
Rank this Week: 1105

Illinois Appellate Lawyer Blog

Illinois Appellate Lawyer Blog

Covers the appellate record, constitutional analysis, jurisdiction, mootness, rehearings and the standard of review. By Steven R. Merican.

http://www.illinoisappellatelawyerblog.com/
  • Feb 10

    Mr Kluxen said Concentrate

    Mr Kluxen said Concentrate
    The American Bar Association this week asks: “Do you apply lessons you learned playing sports to your work in law?” I was pitching in a youth-league baseball game when events turned out of my control. From the sideline, Mr.…
  • Sep 22

    Comcast Bungles Telephone Number

    Comcast Bungles Telephone Number
    If you called my office the last couple of days, you got a recorded message saying you reached a number that is no longer in service. That’s true — it is no longer in service. Temporarily anyway, until Comcast fixes a…
  • Sep 22

    Comcast Bungles Telephone Number

    Comcast Bungles Telephone Number
    If you called my office the last couple of days, you got a recorded message saying you reached a number that is no longer in service. That’s true — it is no longer in service. Temporarily anyway, until Comcast fixes a…
Rank this Week: 642