Trials and Litigation Blogs - Law Blogs, Legal Blogs Directory & Search Engine

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/

May 15
Ethics of VLOs and advertising in New York

Ethics of VLOs and advertising in New York

This week's Daily Record column is entitled "Ethics of VLOs and advertising in New York." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** The legal profession is in a state of flux. New…
May 14
Book Review: Paperno’s ‘Representing the Accused’ a step-by-step guide for criminal defense attorney

Book Review: Paperno’s ‘Representing the Accused’ a step-by-step guide for criminal defense attorney

A special edition article that I recently wrote for the Daily Record column is entitled "Book Review: Paperno’s ‘Representing the Accused’ a step-by-step guide for criminal defense attorneys." A pdf of the article can be…
May 7
California lawyers can operate VLOs in the cloud

California lawyers can operate VLOs in the cloud

This week's Daily Record column is entitled "California lawyers can operate VLOs in the cloud." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** California lawyers can operate VLOs in the…

Rank this Week: 1236

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/

May 12
Summary Judgment Granted To Void Trust For Lack Of Capacity

Summary Judgment Granted To Void Trust For Lack Of Capacity

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

Adjournment Of 1404 Examination Extends Time To File Objection

The Supreme Court's Appellate Division has affirmed an order issued by Nassau County Surrogate Edward McCarty in the Matter of Palma A. Pascale 102 AD 3rd 796 which granted objectant's motion to compel production of certain documents…
Jan 15
Appellate Court Upholds Choice Of Executor

Appellate Court Upholds Choice Of Executor

The Appellate Division of the Fourth Department has upheld the decision of the Erie County Surrogate which dismissed objections to the nomination of an executor in the Matter of the Estate of Carmen J. Russo reported at…

Rank this Week: 1259

Expert Witness Guru's Blog

Covers rulings, news and marketing strategies for expert witnesses.

http://expertwitnessguru.com/blog/

May 6
Expert Witness Encyclopedia – Bringing All Information About Experts Under One Portal

Expert Witness Encyclopedia – Bringing All Information About Experts Under One Portal

Two months ago, we were looking at a long list of gatekeeping issues and it was a pain to find some of the decisions which defined the gatekeeping standard for several states. This is when we thought that there needs to be a single place…
Apr 28
Florida Legislature Adopts Daubert Standard for Expert Testimony

Florida Legislature Adopts Daubert Standard for Expert Testimony

The Florida House and Senate have passed a Daubert bill, which now apparently awaits only the governor’s signature. After years of trying, Florida has, at least legislatively, become the country’s 27th (or 21st or 31st, depending…
Feb 27
Experience-Based Expert Testimony Need Not Meet Daubert’s Requirements: Alaska Supreme Court

Experience-Based Expert Testimony Need Not Meet Daubert’s Requirements: Alaska Supreme Court

In a recent decision (Thompson v. Cooper), the Supreme Court of Alaska held that admissibility of expert testimony based on experience does not need to be subjected to the Daubert Test. While the Court did a great job of explaining why…

Rank this Week: 1215

e-discovery 2.0

Covers electronic discovery. By Aaref Hilaly.

http://www.clearwellsystems.com/e-discovery-blog

May 20
The eDiscovery Trinity: Spoliations Sanctions, Keywords and Predictive Coding

The eDiscovery Trinity: Spoliations Sanctions, Keywords and Predictive Coding

The world of eDiscovery appears to be revolving around a trifecta of issues that are important to both clients and counsel. A discovery-focused conversation with litigants and lawyers in 2013 will almost invariably turn to some combination of…
May 15
Defensible Deletion and The A-Team: I Love It When An Information Governance Plan Comes Together

Defensible Deletion and The A-Team: I Love It When An Information Governance Plan Comes Together

One of the clear eDiscovery trends that has taken root during the past year is defensible deletion. Indeed, there are any number of news stories reporting that more organizations are taking steps to eliminate electronically stored information…
May 10
Breaking News: Court Orders Google to Produce eDiscovery Search Terms in Apple v. Samsung

Breaking News: Court Orders Google to Produce eDiscovery Search Terms in Apple v. Samsung

Apple obtained a narrow discovery victory yesterday in its long running legal battle against fellow technology titan Samsung. In Apple Inc. v. Samsung Electronics Co. Ltd, the court ordered non-party Google to turn over the search terms and…

Rank this Week: 1346

EDiscoveryMap

Covers cross-border ediscovery issues. By Monique Altheim.

http://ediscoverymap.com

May 17
Ediscovery, Data Privacy and Social Media Weekly Update

Ediscovery, Data Privacy and Social Media Weekly Update

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

Ediscovery, Data Privacy and Social Media Weekly Update

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

Ediscovery, Data Privacy and Social Media Weekly Update

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

Rank this Week: 1310

Bailey Class Action Daily

Covers class action issues, both in California and Nationwide. By Matt C. Bailey.

http://www.baileydaily.com/

May 13
Fourth District Reverses Prior Meal/Rest Period Certification Opinion Based On Brinker, Orders “On-Duty” Break Theories To Be Certified On Behalf of Security Guard Class: Faulkinbury v. Boyd & Associates, Inc.

Fourth District Reverses Prior Meal/Rest Period Certification Opinion Based On Brinker, Orders “On-Duty” Break Theories To Be Certified On Behalf of Security Guard Class: Faulkinbury v. Boyd & Associates, Inc.

On May 10, 2013, the Fourth District Court of Appeal (Division Three) reversed its prior opinion in Faulkinbury v. Boyd & Associates, Inc., 185 Cal. App. 4th 1363 (2010), which had affirmed the trial court’s denial of certification…
Mar 20
Northern District Certifies Unpaid Wage Claims on Behalf of Technicians Alleging Required Commute Time in Company-Issued Vehicles Was Not Compensated: Gonzales v. Simplexgrinnell LP

Northern District Certifies Unpaid Wage Claims on Behalf of Technicians Alleging Required Commute Time in Company-Issued Vehicles Was Not Compensated: Gonzales v. Simplexgrinnell LP

On February 12, 2013, Northern District Court Judge Richard Seeborg granted certification of unpaid wage claims in Gonzales v. Simplexgrinnell LP, 2013 U.S. Dist. LEXIS 31627 (N.D. Cal. Feb. 12, 2013) on behalf of a class comprised of…
Jan 25
California Supreme Court Concludes That UCL Is Governed by Common Law Accrual Rules, Including Doctrine Of “Continuous Accrual”: Aryeh v. Canon Business Solution

California Supreme Court Concludes That UCL Is Governed by Common Law Accrual Rules, Including Doctrine Of “Continuous Accrual”: Aryeh v. Canon Business Solution

On January 24, 2013, the California Supreme Court issued its opinion in Aryeh v. Canon Business Solutions, Inc., __ Cal. 4th __ (2013) [2013 Cal. LEXIS 480], which – as previously discussed here – addressed the Second…

Rank this Week: 1325

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/

May 20
The Dark Side of Generic Drug

The Dark Side of Generic Drug

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

Transvaginal Mesh and the Wall Street Journal

Author: Brooke Cohen The Wall Street Journal put out a timely article today entitled “Outcomes are Mixed for Pelvic Procedure”. I say timely because the product-liability lawsuits against five manufacturers of transvaginal…
May 14
US Officials Want To Lower Drunken Driving Threshold To .05 Blood Alcohol Level

US Officials Want To Lower Drunken Driving Threshold To .05 Blood Alcohol Level

According to the Associated Press, a federal safety board just recommended that states should cut their drunken driving threshold by nearly 1/2, from .08 blood alcohol level to .05. Apparently research shows that the .05 standard has…

Rank this Week: 1445

Business Litigation Info

Covers business litigation, intellectual property, data security, and advertising and media. By Faruki Ireland & Cox P.L.L.

http://www.businesslitigationinfo.com/

May 8
Privacy Today: The More Things Change, the More they Stay the Same

Privacy Today: The More Things Change, the More they Stay the Same

I recently had the privilege of moderating a privacy panel discussion at an unmanned aerial systems (“UAS”) conference. UAS’s have been in the news lately, so you can imagine the interest and concern for privacy and…
Apr 9
Charles Faruki Honored as an All-Star for Outstanding Client Service

Charles Faruki Honored as an All-Star for Outstanding Client Service

Charles Faruki, Managing Partner of FI&C was recently selected as a 2013 BTI Client Service All-Star MVP by BTI Consulting Group. All-Star MVPs are standout attorneys honored for delivering superior client service year after year. Charlie…
Mar 20
SCOTUS Issues First-Ever Decision Interpreting CAFA

SCOTUS Issues First-Ever Decision Interpreting CAFA

On Tuesday, March 19, 2013, the U.S. Supreme Court issued a unanimous decision in Standard Fire Ins. Co. v. Knowles, No. 11-1450, and held that class action plaintiffs cannot plead around the Class Action Fairness Act’s…

Rank this Week: 1376

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/

Apr 11
Posner On Effective Appellate Brief

Posner On Effective Appellate Brief

Catching up on reading. If you missed it too, here is Judge Posner in the American Bar Association's Litigation News on writing an effective appellate brief.
Apr 7
Appellate Court Refuses Jurisdiction Over Order Quashing Lis Penden

Appellate Court Refuses Jurisdiction Over Order Quashing Lis Penden

The Westin North Shore is a hotel in the northern suburbs of Chicago. The hotel was used as collateral for a multimillion dollar loan to the hotel owner. Five Mile Capital Westin had a subordinate interest in the loan. After the owner…
Mar 22
Can't Reverse Hormones -- Flirting Appellate Lawyer

Can't Reverse Hormones -- Flirting Appellate Lawyer

Love at first cite. Thanks to FutureLawyer.com and cartoonist Charles Fincher at Lawcomix.blogspot.com.

Rank this Week: 1365

Construction Litigation Law Blog

Covers cmmunity associations, EIFS, construction litigation and construction news. By the Construction Litigation Group of Stark & Stark.

http://blog.njeifs.com/

Nov 12
Recovering Damages Under the Statute of Repose

Recovering Damages Under the Statute of Repose

Under the statute of repose, no action to recover damages for any deficiency in the design, planning, surveying, supervision or construction of an improvement to real property may be brought more than ten (10) years after the performance of
Nov 5
How Does Equitable Tolling Affect the Running of the Statute of Limitations?

How Does Equitable Tolling Affect the Running of the Statute of Limitations?

The doctrine of equitable estoppel prevents a defendant from asserting the statute of limitations as a defense when the defendant has engaged in conduct that was calculated to mislead the plaintiff into believing that it was unnecessary to…
Oct 29
How Transition Affects the Statute of Limitations Analysi

How Transition Affects the Statute of Limitations Analysi

Rank this Week: 1389

Northern District of California…

Northern District of California Blog

Covers court orders in primarily civil cases from the U.S. District Court for the Northern District of California. By Michael O'Brien.

http://www.ndcalblog.com/

Oct 7
Question 5 - The Angry Decedent Strikes Again Will

Question 5 - The Angry Decedent Strikes Again Will

This question I would rate as a fastball. There are a lot of issues to fly through, but they are the same issues tested in virtually every Wills question since 1980. If you studied the California Probate Code (CPC) you probably did fine.…
Oct 7
Question 3: Can I get a witness? (California Evidence) California Bar Exam

Question 3: Can I get a witness? (California Evidence) California Bar Exam

This is the first of three criminal questions on this test, the most in recent memory since criminal subjects are rarely tested compared to torts and constitutional law. This question is probably to calibrate the testing group…
Oct 7
Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)

Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)

Question Four is a pretty standard contracts and remedies question. I score this one as a curveball because you have to untangle the contract mess in order to get to the remedies question. I provided a pair of pretty good strategies for…

Rank this Week: 1370

Class Action Defense Blog

Covers CAFA, class certification, employment law, FCRA, FDCPA and multidistrict litigation. Published by Michael Hassen of Jeffer Mangels Butler & Mitchell LLP.

http://classactiondefense.jmbm.com/

Apr 15
Class Action Defense Cases–Brinker v. Superior Court: California Supreme Court Affirms, Reverses And Remand Class Action Certification Ruling In Labor Law Class Action Clarifying Meal And Rest Break Requirement

Class Action Defense Cases–Brinker v. Superior Court: California Supreme Court Affirms, Reverses And Remand Class Action Certification Ruling In Labor Law Class Action Clarifying Meal And Rest Break Requirement

In Considering Class Action Certification Order in Labor Law Class Action, California Supreme Court Holds Rest Periods Not Mandated Prior to Meal Periods, and Employer must Provide Meal Breaks but need not Ensure Employee Takes Meal Break
Nov 28
Class Action Defense Cases–KPMG v. Cocchi: Supreme Court Reiterates Requirement That State Courts Follow Concepcion And Enforce Arbitration Agreements Under The Federal Arbitration Act (FAA)

Class Action Defense Cases–KPMG v. Cocchi: Supreme Court Reiterates Requirement That State Courts Follow Concepcion And Enforce Arbitration Agreements Under The Federal Arbitration Act (FAA)

State Courts Erred in Denying Defense Motion to Compel Arbitration Under FAA (Federal Arbitration Act) because They Failed to Consider Whether Any Claims were Subject to Arbitration
Oct 31
Richard Watts: "Fables of Fortune: What Rich People Have That You Don't Want"

Richard Watts: "Fables of Fortune: What Rich People Have That You Don't Want"

California Attorney Richard Watts Publishes Book Based On His Experience In Representing The "Super-Wealthy" Richard Watts, a personal friend of the author and a superb lawyer, has published a book based on his 30-year career representing…

Rank this Week: 1369

California Punitive Damages

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

http://calpunitives.blogspot.com/

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

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

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

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

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

Supreme Court of India affirms $18.4 million punitive damages award

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

Rank this Week: 1523

Minnesota Litigator

Covers legal developments for civil litigators in Minnesota. By Seth Leventhal.

http://www.minnesota-litigator.com/

Nov 26
The Wide Range of Lives of Civil Litigator

The Wide Range of Lives of Civil Litigator

If you are a law student or are thinking about being one, you are probably thinking that you will need to choose between a criminal practice or a civil practice, either public interest/non-profit work, a government job, academia, or a ……
Nov 23
Is It Foreseeable That Falling Asleep While Driving Can Result In a Car Accident?

Is It Foreseeable That Falling Asleep While Driving Can Result In a Car Accident?

Scott Finnegan was a registered nurse with sleep deprivation and depression for which he sought medical treatment and was prescribed Celexa and Trazodone, both of which warn that people need to be “careful if you drive or do anything that…
Nov 22
HAPPY THANKSGIVING

HAPPY THANKSGIVING

TIME TO GOBBLE (for meat-eating Americans (not so much for turkeys)). According to the “Minnesota Turkey” website, “Per capita consumption of turkey is approximately 18 pounds per year per person.” Happy Thanksgiving and Happy…

Rank this Week: 1508

Ross' Arbitration Blog

Covers labor and employment arbitration. By Ross Runkel.

http://www.lawmemo.com/arbitrationblog/

May 20
Arbitrator improperly imposed class arbitration

Arbitrator improperly imposed class arbitration

The 5th Circuit has held that an arbitrator improperly imposed class arbitration where the agreement was silent on that point. The dispute must be arbitrated, but on an individual basis rather than as a class action. Reed v. Florida Metro…
Jan 22
NLRB arbitration deferral to change?

NLRB arbitration deferral to change?

Here is the NLRB's January 20 press release, announcing the General Counsel's intent to try to get the Board to change its arbitration deferral policy: Citing concerns about delays in processing grievances through parties’…
Jan 10
Credit card holders must arbitrate claim

Credit card holders must arbitrate claim

The US Supreme Court held today that the Credit Repair Organizations Act (CROA) does not trump the Federal Arbitration Act (FAA) requirement that an arbitration agreement must be enforced according to its terms. CompuCredit Corp v.…

Rank this Week: 1489

TortDeform

A civil justice defense blog. By the Drum Major Institute for Public Policy.

http://www.tortdeform.com/

May 20
The Politics Behind Tort Reform

The Politics Behind Tort Reform

Hello, and welcome back after that fifteen-month intermission. I've been too busy helping people to blog about the forces that want to prevent me from helping people. To dip my toe back in the blogging water, I thought I'd give a…
Feb 17
The value of a human life and damage cap

The value of a human life and damage cap

Even if we go with the Bush-era figure of $6.8 million, you’re far above the often-proposed cap of $250,000 for noneconomic damages. I’m morally opposed to ANY damage cap because I don’t believe that you can set a flat rate on every…
Feb 9
Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective

Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective

Which is a greater tragedy: A child dying at the hands of an incompetent doctor, or a toy company ripping off the design of a doll from another toy company? Brian Wilson discusses how out-of-whack our priorities are regarding…

Rank this Week: 1544

Nashville Trial Lawyer Blog

Covers news, injury, consumer, business and class action law. By Law Office of David S. Hagy P.L.C.

http://www.nashvilleinjurylawyer-blog.com/

May 20
Nashville Car Accident News Story Shows Importance Of Seat Belt

Nashville Car Accident News Story Shows Importance Of Seat Belt

A recent news story here in Nashville illustrates the importance of seat belts in saving lives and preventing injuries in serious car accidents. Channel 5 reported on a drunk driving accident on Nolensville road in which one driver crossed…
May 16
Tennessee Supreme Court Rules That Federal Law Does Not Bar Injury Claims in Bus Accident

Tennessee Supreme Court Rules That Federal Law Does Not Bar Injury Claims in Bus Accident

The Nashville-based Tennessee Supreme Court recently reversed an appeals' court decision, which had ruled that federal law prevented a plaintiff-passenger from bringing a claim for disabling injuries sustained when thrown from a shuttle bus…
May 16
Tennessee Supreme Court Disallows Negligence Lawsuit Against Hospital Due to Elapsed Statute of Limitation

Tennessee Supreme Court Disallows Negligence Lawsuit Against Hospital Due to Elapsed Statute of Limitation

The decision in Cunningham v. Williamson County Hospital District exemplifies why people who have suffered a loss or injury due to the negligence of another must consult with a local Nashville attorney as soon as possible after the injury…

Rank this Week: 1625

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/

May 20
Corporation and LLC law - Piercing the corporate veil under Tennessee Law.

Corporation and LLC law - Piercing the corporate veil under Tennessee Law.

Analysis: The recent Tennessee Court of Appeals decision of Robert Thomas Edmunds v. Delta Partners, LLC, No. M2012-00047-COA-R3-CV, 2012 WL 6604580 (Tenn. Ct. App. December 18, 2012) discussed the concept of piercing the corporate veil…
May 6
Employment Contract - When do documents between an employer and employee consist of an "employment contract" under Tennessee Law?

Employment Contract - When do documents between an employer and employee consist of an "employment contract" under Tennessee Law?

Analysis: The Tennessee Court of Appeals recently discussed the important issue of when a document or series of documents should be considered an “employment contract” under Tennessee law in Robert Thomas Edmunds v. Delta…
May 2
Federal Sixth Circuit Court of Appeals - Reversal and timing statistic

Federal Sixth Circuit Court of Appeals - Reversal and timing statistic

This is a good article that I thought you might be interested in concerning reversal statistics for the US Court of Appeals for the Sixth Circuit. This is from the Sixth Circuit Appellate Blog which is a great blog that keeps you up to…

Rank this Week: 1577

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/

May 20
Presumption of good faith in pleadings and sanctions for groundless suit and harrassment by litigation

Presumption of good faith in pleadings and sanctions for groundless suit and harrassment by litigation

GOOD FAITH IN PLEADINGS AND IMPOSITION OF SANCTIONS UNDER CHAPTER 10 OF THE CPRC AND/OR RULE 13 OF THE TRCP Chapter 10 of the Civil Practices and Remedies Code provides that the signing of a pleading or motion…
May 12
Statute of frauds not self-executing, must be invoked to serve as defense in lawsuit

Statute of frauds not self-executing, must be invoked to serve as defense in lawsuit

STATUTE OF FRAUDS AS AFFIRMATIVE DEFENSE: MUST BE INVOKED BY THE PLEADINGS The statute of frauds is an affirmative defense to the enforcement of a contract which must be pleaded or it is waived. TEX. R. CIV. P. 94; Swinehart…
May 10
Testimony, affidavit about contract likely useless in court if it violates the Parol Evidence Rule

Testimony, affidavit about contract likely useless in court if it violates the Parol Evidence Rule

Parol Evidence Rule Parol evidence may not be used to vary or contradict the express or implied terms of an unambiguous written agreement absent a showing of fraud, accident, or mutual mistake. Toler v. Sanders, 371 S.W.3d 477, 481 (Tex.…

Rank this Week: 1701

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/

May 17
Federal Criminal Charges Against Public Officials: U.S. Attorney Announces Indictment Naming State Legislator

Federal Criminal Charges Against Public Officials: U.S. Attorney Announces Indictment Naming State Legislator

Federal Criminal Charges were announced yesterday here in Atlanta by the U.S. Attorney. The feds have indicted a well-known State legislator, Representative Tyrone Brooks. According to the indictment, Representative Brooks committed mail…
May 16
Federal Criminal Cases and Discretion: the Recent Furor Over IRS Targeting Politically Conservative "Non-Profits"

Federal Criminal Cases and Discretion: the Recent Furor Over IRS Targeting Politically Conservative "Non-Profits"

Federal criminal cases here in Atlanta, throughout Georgia, in Alabama or Florida, and anywhere around the country are all brought after a federal prosecutor makes an independent decision as to whether the matter truly should be brought in…
May 14
Prosecutors Must Play Fair: Are We Any Better Off on the 50th Anniversary of the Brady Decision?

Prosecutors Must Play Fair: Are We Any Better Off on the 50th Anniversary of the Brady Decision?

In any criminal case, whether in Federal Court or one of the State Court systems, prosecutors are supposed to "play fair". The Fifth Amendment to our dear Old Constitution enshrines this fairness obligation in what we lawyers call the "Due…

Rank this Week: 1667

Lawsuit Reform Watch

Covers civil justice reform issues in New Jersey. By the New Jersey Lawsuit Reform Alliance.

http://www.lawsuitreformwatch.org/

May 17
Download media coverage of A-2878, the so-called 'Facebook bill'

Download media coverage of A-2878, the so-called 'Facebook bill'

Download Facebook bill coverage Bill text Conditinal Veto Press Release
May 16
Legislative update: Social media and statute of limitation

Legislative update: Social media and statute of limitation

The General Assembly is scheduled to consider changes requested by Governor Christie to the so-called ‘Facebook bill,’ which would prohibit employers from asking for the passwords and login information of current and prospective…
May 7
Citing liability concerns raised by NJLRA, Governor Christie conditionally vetoes 'Facebook bill'

Citing liability concerns raised by NJLRA, Governor Christie conditionally vetoes 'Facebook bill'

The so-called "Facebook bill" (A2878) was hailed as a way to safeguard employees' online privacy. But tucked away in sections 4 and 5, language would have permitted employees and prospective employees to sue businesses who inquired…

Rank this Week: 1671

EvidenceProf Blog

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

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

May 17
Leisure Suit Larry & the IRS: U.S. Tax Court Uses Rule 1003 to Exclude Altered Duplicate

Leisure Suit Larry & the IRS: U.S. Tax Court Uses Rule 1003 to Exclude Altered Duplicate

Federal Rule of Evidence 1002, the Best Evidence Rule, provides that An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. That said, Federal Rule…
May 16
This is a Knife: Florida Court Finds Statement About Knife Qualified as an Excited Utterance

This is a Knife: Florida Court Finds Statement About Knife Qualified as an Excited Utterance

Similar to its federal counterpart, Section 90.803(2) of the Florida Statutes provides an exception to the rule against hearsay for A statement or excited utterance relating to a startling event or condition made while the declarant was under…
May 15
Learned Person: The Learned Treatise Exception, Impeachment & the Truth of the Matter Asserted

Learned Person: The Learned Treatise Exception, Impeachment & the Truth of the Matter Asserted

Similar to its federal counterpart, Minnesota Rule of Evidence 803(18) provides an exception to the rule against hearsay To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in…

Rank this Week: 1619

eDiscovery Service Blog

Covers eDiscovery and computer forensic. By D4 eDiscovery.

http://www.d4discovery.com/e-discoveryserviceblog/

May 15
Tips to Avoid Social Media and New Technology Blunder

Tips to Avoid Social Media and New Technology Blunder

What you do or say on social media, can and will be used against you in the court of law. A few tips to protect you/your clients...
May 1
My Big Fat Data Wedding

My Big Fat Data Wedding

BIG DATA increases the complexity of the discovery efforts to identify, preserve, collect, and present ESI. It also raises privacy concerns and...
Apr 25
Sedona Conference 2013 Update

Sedona Conference 2013 Update

Sedona is known for its beautiful scenery...health and tranquility...It is the perfect place to meet and discuss the future of eDiscovery.

Rank this Week: 1677

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

May 13
Trial Consulting and Jury Selection

Trial Consulting and Jury Selection

There are many elements that come into play during a court trial. For instance, the process of choosing jurors for trial and more importantly how to engage jurors after they have been selected. On Ringler Radio, host Larry Cohen joins…
Apr 29
From the Courtroom to the Gridiron

From the Courtroom to the Gridiron

The sport of football is a dramatic game that unfolds in front of a captivated audience-kind of like being in a courtroom. On Ringler Radio, host Larry Cohen joins colleague, John Kearns and special guest, Attorney Edward Hochuli from the…
Apr 15
Workplace Injuries: Possible Worker’s Compensation Tax?

Workplace Injuries: Possible Worker’s Compensation Tax?

How can we prevent accidents and deaths in the workplace? In this podcast, Ringler Radio host Larry Cohen joins Attorney Douglas K. Sheff, senior partner at Sheff Law and President-Elect of the Massachusetts Bar Association, to spotlight…

Rank this Week: 1650

Circuit Splits

Covers divisions between circuit courts. By Nicholas J. Wagoner.

http://www.circuitsplits.com/

Apr 16
From Dicta to Disarray: Split on the Domestic Relations Exception

From Dicta to Disarray: Split on the Domestic Relations Exception

Today I’m delighted to introduce Ben Ashmore, the founder and president of the National Family Civil Rights Center, as this week’s guest blogger. In In re Burrus, the Supreme Court stated in dicta that “[t]he whole subject of domestic…
Jan 23
Growing Circuit Split Over Removal Statute

Growing Circuit Split Over Removal Statute

In the recent decision in Smith v. Detroit Entertainment, LLC, Slip Copy, 2013 WL 119673 (E.D.Mich. Jan. 9, 2013), the federal court in the Eastern District of Michigan highlighted a growing circuit split over removal statutes - and…
Jan 22
New Article Addresses Circuit Split Over Pay-for-Delay Settlement

New Article Addresses Circuit Split Over Pay-for-Delay Settlement

A new article posted on SSRN, Waiting is the Hardest Part: Why the Supreme Court Should Adopt the Third Circuit's Analysis of Pay-for-Delay Settlement Agreements (by Marlee Kutcher), addresses the current circuit split over the legality of…

Rank this Week: 1692

The Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/

Nov 20
Fixed fees across the fast-track

Fixed fees across the fast-track

The Government has announced its proposals for the new fee structure for the extended RTA portal, which will now cover RTA claims up to £25,000 and also EL and PL claims. As anticipated/feared this will be dramatically lower than current…
Nov 14
APIL expose sordid bedroom habit

APIL expose sordid bedroom habit

The Association of Personal Injury Lawyers (APIL) report into whiplash injuries, subtitled “Myth or Fact?”, reports that 70% of those surveyed who provided a definite answer would not know how much to claim for their whiplash injury. …
Nov 12
Hurley v Maruki

Hurley v Maruki

An issue that has long being bubbling under the surface is the extent to which the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 apply to solicitors’ conditional fee agreements and whether a…

Rank this Week: 1649

shlep: the Self-Help Law ExPress

News, views and information on self-help law and pro se litigation.

http://blogs.law.harvard.edu/shlep

Feb 19
Help for pro se users in Clark County, Indiana

Help for pro se users in Clark County, Indiana

Commissioners OK legal help center for courthouse New appointment made to fill a void in County Courts By BRADEN LAMMERS Braden.Lammers@newsandtribune.com Judicial matters were the predominant theme at the Clark County Commissioners meeting…
Jan 5
New York Times op/ed piece about self-help representation

New York Times op/ed piece about self-help representation

Two state judges opine about the state of accessibility to the legal system. As the economy has worsened, the ranks of the self-represented poor have expanded. In a recent informal study conducted by the Self-Represented Litigation Network,…
Jan 5
Indianapolis law library closes but self-help center remains open

Indianapolis law library closes but self-help center remains open

Librarian Zoya Golban turned off the lights and locked the doors Wednesday at the Marion County Law Library for the last time. The cozy repository for legal materials and publicly accessible computers on the third floor of the City-County…

Rank this Week: 1626

South Carolina Appellate Law Blog

Follows the opinions of the South Carolina appellate courts, the Fourth Circuit, and the United States Supreme Court. By Womble Carlyle.

http://southcarolinaappellatelaw.blogspot.com/

Dec 13
Closing Out

Closing Out

Well, I have left private practice and have taken a job with the US Attorney's Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news. Merry Christmas.
Dec 1
Constitutional issues with Clinton appointment???

Constitutional issues with Clinton appointment???

"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during…
Nov 19
Billy Wilkins' return to the courtroom as a lawyer meets with succe

Billy Wilkins' return to the courtroom as a lawyer meets with succe

From the Greenville News:William W. “Billy” Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as…

Rank this Week: 1572

E-Discovery Beat

Covers electronic discovery. By Exterro.

http://www.exterro.com/e-discovery-beat/

May 20
Judge Scheindlin Orders Production of Documents from Bank of China and more E-Discovery News of the Week

Judge Scheindlin Orders Production of Documents from Bank of China and more E-Discovery News of the Week

E-Discovery Law Alert: Judge Scheindlin Weighs Comity Concerns and Orders Production of Documents from Bank of China Despite Violation of Chinese Laws Inside Counsel: Legal privilege and the challenge of technology Corporate Counsel: 6 Things…
May 17
Case Law Clarity for Requesting Social Media ESI

Case Law Clarity for Requesting Social Media ESI

By Mike Hamilton, J.D. In last week’s post, “I Want Everything” Doesn’t Work…Even For Social Media, I noted that there is an emerging trend around requesting complete access to personal social media accounts…
May 17
Getting to Grips With Big Data at IQPC’s Information Governance & eDiscovery Strategy Exchange

Getting to Grips With Big Data at IQPC’s Information Governance & eDiscovery Strategy Exchange

By Scott Giordano, Esq., Corporate Technology Counsel, Exterro Following is a guest blog post from Exterro’s Corporate Technology Counsel, Scott Giordano, who recently moderated a panel on Big Data at IQPC’s Information Governance…

Rank this Week: 1771

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx

May 20
Employers Challenging the Authority of NLRB

Employers Challenging the Authority of NLRB

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

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

In a unanimous decision, the Supreme Court affirmed both the lower court and Federal Circuit decisions rejecting Bowman’s patent exhaustion defense relating to his harvesting of second generation soybean seeds featuring Monsanto’s…
May 15
The Economic Loss Rule: An Under-Utilized But Not-So-Secret Weapon

The Economic Loss Rule: An Under-Utilized But Not-So-Secret Weapon

In a decision issued on March 7, 2013, the Supreme Court of Florida reaffirmed Florida’s commitment to adherence to the economic loss rule in product liability litigation. In Tiara Condominium Association, Inc. v. Marsh & McLennan…

Rank this Week: 1759

Electronic Discovery Law

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

http://www.ediscoverylaw.com/

May 17
For Good Cause Shown, Plaintiffs No Longer Required to Utilize Predictive Coding

For Good Cause Shown, Plaintiffs No Longer Required to Utilize Predictive Coding

EORHB, Inc. v. HOA Holdings, LLC, No. 7409-VCL, 2013 WL 1960621 (Del. Ch. May 6, 2013) Previously, the court ordered the parties to “retain a single discovery vendor to be used by both sides” and to “conduct document review…
May 7
Upcoming Event: eDiscovery Project Management 2013 (organized by eDiscovery Intelligence)

Upcoming Event: eDiscovery Project Management 2013 (organized by eDiscovery Intelligence)

“Learn how to Bring Agility and Clarity to the Management of your eDiscovery Process” May 21-22, 2013 Marriot City Center Pittsburgh, PA “The mastery of electronic discovery is a necessary component in the changing business…
May 3
Fourth Circuit Addresses Taxable Costs Related to ESI

Fourth Circuit Addresses Taxable Costs Related to ESI

Country Vintner of North Carolina, LLC v. E & J Gallo Winery, Inc., ---F. 3d.---, 2013 WL 1789728 (4th Cir. Apr. 29, 2013) In this case, the Fourth Circuit clarified “what expenses related to electronically stored…

Rank this Week: 1782

The California Blog of Appeal

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

http://www.calblogofappeal.com

Apr 24
When it comes to the anti-SLAPP statute, there’s no such thing as “just a little” criminal extortion

When it comes to the anti-SLAPP statute, there’s no such thing as “just a little” criminal extortion

The courts’ application of California’s “anti-SLAPP statute” — Code of Civil Procedure section 425.16 — has been heavily criticized as being too broad. Section 425.16 authorizes a “special motion to…
Apr 8
Even disobedience of trial courts in other states can get your California appeal dismissed

Even disobedience of trial courts in other states can get your California appeal dismissed

Last Thursday’s decision in Stoltenberg v. Ampton Investments Inc., case no. B235731 (2d. Dist. April 5, 2013) demonstrates the hazards of being unable to stay enforcement of a money judgment against you while your appeal is pending . .…
Mar 21
What is the appellate “doghouse,” and why should you care?

What is the appellate “doghouse,” and why should you care?

No, I’m not talking about that imaginary place that your client puts you in if you lose the case. I’m talking about the mysterious “doghouse” references one sees when looking at the online docket of a California…

Rank this Week: 1767

e-Lessons Learned

Covers e-discovery issues by focusing on mistakes made by counsel, employers and employees.

http://ellblog.com

Apr 10
When deactivating your Facebook account becomes the intentional destruction of evidence

When deactivating your Facebook account becomes the intentional destruction of evidence

Deactivating your Facebook account and passively allowing it to be permanently deleted can be considered the intentional destruction of evidence. The Plaintiff in Gatto is now facing a potentially damaging adverse jury instruction if he…
Apr 8
Photogrammetry for the Win!… If you know what it does.

Photogrammetry for the Win!… If you know what it does.

The Federal Rules of Evidence (“FRE”) are notorious for their complication. Hearsay Rules continue to astound attorneys across the country. Now, in a more modern era, we have the advanced electronics capable of aiding the…
Apr 1
Privileged Communications Have to Actually be Privileged to be Immune

Privileged Communications Have to Actually be Privileged to be Immune

The brief order by the First Department Appellate Division doesn’t delve into much background (or really any background at all) as to the facts of the present case, however, it does shed some light on discovery matters. The prior order…

Rank this Week: 1746

Court Technology and Trial…

Court Technology and Trial Presentation Blawg

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

http://trial-technology.blogspot.com/

Apr 9
Managing Exhibits in Trial

Managing Exhibits in Trial

Exhibits are the building blocks of litigation, and if you end up at the short end in the battle of admitted evidence, you lose the trial. Like many sports, coming in second place in trial is not really a good thing. While you may have to…
Mar 25
Using Deposition Video in Trial

Using Deposition Video in Trial

There are several ways in which deposition video designations may be used in trial. The first and perhaps most frequently used technique would be using it for impeachment purposes. When compared with reading back some testimony of a solid…
Feb 13
What’s Up with Trial Technology? CourtLogger, JuryPad, LinkedIn, LegalTech, MyLegal

What’s Up with Trial Technology? CourtLogger, JuryPad, LinkedIn, LegalTech, MyLegal

Here are several recent items of interest to attorneys, paralegals, and other legal professionals. LegalTech 2013 has just wrapped up, and attendees say this year was as good as ever. The Law Technology Newssite is currently filled with…

Rank this Week: 1871

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Denlea, Packman, Carton & Eberz.

http://classactionblog.mdpcelaw.com/

Apr 5
Supple Joint Drinks Cannot Rebuild Your Cartilage

Supple Joint Drinks Cannot Rebuild Your Cartilage

Millions of adults in the United States live with arthritis, a disease involving the breakdown of cartilage in joints, or other orthopedic disorders in which cartilage in joints is broken down over time and causes bones in those joints to…
Mar 20
Delivery Drivers Must Be Reimbursed

Delivery Drivers Must Be Reimbursed

Meiselman, Packman, Nealon, Scialabba & Baker P.C. (MPNSB) continues to actively investigate potential class action lawsuits on behalf of delivery drivers for Dominos, Pizza Hut, Papa Johns and other restaurants or businesses.…
Mar 6
Transvaginal Surgical Mesh

Transvaginal Surgical Mesh

The physical stresses placed on a woman’s body from childbirth, among other factors, can sometimes cause painful and complicated medical conditions such as Pelvic Organ Prolapse and Stress Urinary Incontinence. In response to…

Rank this Week: 1849

Video and the Law

Covers the history, the apps and the players that use video in litigation. By Chris Ballard.

http://www.videoandthelaw.com/

Jun 11
VIDEO ENHANCEMENT: New Law Enforcement Video System Premiere

VIDEO ENHANCEMENT: New Law Enforcement Video System Premiere

Now, more than ever, you have another golden opportunity to discover forensic video of your accident site. As previous discussed in a separate blog post, there are 5 or 6 different avenues to find video and/or stills of your accident…
May 25
Trial Presentation: Apple's War Strategy for Trial

Trial Presentation: Apple's War Strategy for Trial

Get the duct tape or gaffer's tape ready! Every trial presentation expert already knows to follow the old Boy Scout's rule and always be prepared. That's why they pack duct or gaffer's tape in their trial bag, ready to tape down cords and…
Mar 26
iPad in Law Practice: Giving Clients iPad

iPad in Law Practice: Giving Clients iPad

3 million iPad 3's were sold over its recent launch weekend. Since its inception over 55 million iPads are in use today. Like doctors and airlines, architects and car dealers, law firms are discovering new ways to utilize the power of…

Rank this Week: 1812

Texas Appellate Law Blog

Features civil appellate practice tips, resources, and news. By D. Todd Smith.

http://www.texasappellatelawblog.com/

May 17
SCOTX: Attorney Fees Need Not Be Superseded on Appeal

SCOTX: Attorney Fees Need Not Be Superseded on Appeal

In November 2011, I posted about whether attorney fees must be superseded to stay execution of a judgment pending appeal. Today, in In re Nalle Plastics Family Limited Partnership (No. 11-0903), the Texas Supreme Court resolved a split among…
Apr 18
Happy 100th Birthday, Chief Justice Pope!

Happy 100th Birthday, Chief Justice Pope!
Apr 12
Principled Appellate Decision

Principled Appellate Decision

Yesterday afternoon, I gave a one-hour presentation to a group of 11 intermediate appellate justices on the topic of “Principled Appellate Decisions.” The presentation was part of the Texas College for Judicial Studies, a…

Rank this Week: 1906

Alabama Litigation Review

Covers business litigation, civil procedure, personal injury and punitive damages. By Jeff Blackwell.

http://www.alabamalitigationreview.com

May 16
Justice And Arbitration Fairne

Justice And Arbitration Fairne

Arbitration. What role should it play in our justice system? What role does it currently play? These are important questions if you have an interest in seeing that those injured are able to access the courthouse for justice. As Federal…
May 11
Hospital Bills and Payments: Issues in Personal Injury Case

Hospital Bills and Payments: Issues in Personal Injury Case

The U.S. government recently released data detailing and comparing hospital charges. The clear fact revealed by the data -- Charges for specific procedures can vary greatly between hospitals. This comes as no surprise to me. I see hospital…
Apr 27
UPDATE -- Takeda Faces First Trial Over Diabetes Drug Acto

UPDATE -- Takeda Faces First Trial Over Diabetes Drug Acto

A few days ago, I wrote about the first case to go to trial against Takeda Pharmaceuticals over its diabetes drug Actos. Takeda faces a huge number of cases alleging that its drug Actos is defective. As I wrote my last post, the jury was…

Rank this Week: 1952

Asset Search Blog

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

http://www.assetsearchblog.com/

Apr 20
Asset Search News Roundup: April 20, 2013

Asset Search News Roundup: April 20, 2013

This Asset Search News Roundup discusses the Secrecy for Sale Project and the indictment of a NY attorney along with a Swiss banker: I) The US-based International Consortium of Investigative Journalists, (“ICIJ”),…
Mar 2
Swiss Banks, Smuggling & Other Asset Recovery Issue

Swiss Banks, Smuggling & Other Asset Recovery Issue

“Swiss Banks, Smuggling & Other Asset Recovery Issues” will be presented from 6:00 PM to 9:00 PM on April 18, 2013 in New York City, at the New York County Lawyer’s Association. Jack Blum, Esq., Advocate Robert…
Feb 3
Receiver Says To Associated Bank, Show Me The Money

Receiver Says To Associated Bank, Show Me The Money

The September 2009 Asset Search Blog article “Money Laundering By Minneapolis Money Managers?”, raised the issue of whether Associated Bank had violated federal anti-money laundering regulations. This article discussed…

Rank this Week: 2000

Hawaii Attorney Blog

Covers Hawaii civil procedure and trial practice, commercial litigation, hawaii real estate litigation, mediation and arbitration, and personal injury. By Philip Brown.

http://legalblog.hawaii-attorney.net/

Dec 7
Honolulu Magazine Lists Philip R. Brown Among the Best Lawyers in Hawaii

Honolulu Magazine Lists Philip R. Brown Among the Best Lawyers in Hawaii

Philip R. Brown was once again listed in Honolulu Magazine’s annual issue of The Best Lawyers in Hawaii. Philip Brown is also listed in The Best Lawyers in America. Mr. Brown also has the highest ethical/legal rating (AV) from…
Sep 25
Hawaii Attorney Effie Steiger Named “Top 40 Under 40?

Hawaii Attorney Effie Steiger Named “Top 40 Under 40?

The National Trial Lawyers Association has selected Hawaii attorney, Effie Steiger, of the Law Offices of Philip R. Brown, for inclusion in “Top 40 under 40” trial lawyers in Hawaii.
Feb 28
Recovery of Hawaii Attorneys Fees (Part 2)

Recovery of Hawaii Attorneys Fees (Part 2)

As we wrote in our previous post regarding HRS § 607-14, “[t]he Hawaii Supreme court has defined an “assumpsit” case as a claim “for the recovery of damages for the non performance of a contract . . . as well as quasi contractual…

Rank this Week: 1900

Tennessee Appellate Law Blog

Provides Tennessee appellate news and analysis. Covers Tennessee's Supreme Court, Court of Appeals, and Court of Criminal Appeals, as well as the United States Court of Appeals for the Sixth Circuit.

http://www.tennesseeappellatelaw.com/

Mar 14
Supreme Court Grants Five Appeal

Supreme Court Grants Five Appeal

The Tennessee Supreme Court granted three appeals from Knoxville and one each from Nashville and Jackson; the Court also denied forty-four applications. Three of the cases are from the Court of Criminal Appeals.
Mar 10
Tennessee Adopts Federal Double-Jeopardy Rule

Tennessee Adopts Federal Double-Jeopardy Rule

The Tennessee Supreme Court, in an opinion written by Chief Justice Cornelia Clark, unanimously adopted the federal double-jeopardy rule from Blockburger v. United States. Tennessee courts since 1996 have applied a different test…
Mar 2
Weekly Review of Habeas Petition

Weekly Review of Habeas Petition

Judge D. Kelly Thomas affirmed the circuit court's dismissal of petitioner's petition for writ of habeas corpus.

Rank this Week: 1927

Louisiana Law Blog

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

http://www.louisianalawblog.com/

May 14
CLS Bank: Software Patents at Risk?

CLS Bank: Software Patents at Risk?

By Lee Vail On May 10, 2013, the Federal Circuit, sitting en banc, handed down its opinion in CLS Bank Int’l v. Alice Corp., No. 2011-1301, slip op. (Fed. Cir. May 10, 2013). The majority of the Federal Circuit judges...
May 14
On the Horizon, Revisions to the Louisiana Private Works Act: "The More Things Change, the More they Stay the Same"

On the Horizon, Revisions to the Louisiana Private Works Act: "The More Things Change, the More they Stay the Same"

By David K. Nelson All persons associated with non-public construction projects in Louisiana are affected by, and should be familiar with, the Louisiana Private Works Act. La. R.S. 9:4801, et. seq. (“PWA”). The two…
Apr 10
Proposed Amendments to OIG Safe Harbor and Stark Physician Self-Referral Exception for Electronic Health Record

Proposed Amendments to OIG Safe Harbor and Stark Physician Self-Referral Exception for Electronic Health Record

By Deborah J. Juneau Normal 0 false false false EN-US X-NONE X-NONE Those health care providers and suppliers who are contemplating accepting donations of electronic health records software and training services should be aware of proposed…

Rank this Week: 2281

The Briefcase

Comments on Ohio law with an emphasis on criminal law. By Russ Bensing.

http://briefcase8.com

Jan 8
Case Update – Appellate Edition

Case Update – Appellate Edition

Time to take a look at the significant appellate decisions handed down in the past month. The 2nd District tackles the issue of destruction of evidence in State v. Beavers. The defendant had filed a motion to preserve a videotape, but…
Jan 7
Case Update – Supreme Court edition

Case Update – Supreme Court edition

I haven’t done a case update in a month. Usually, I’ll deal with US and Ohio Supreme Court decisions, and then some pertinent Ohio appellate cases. My BFF Lexis, though, informs me that there are about 300+ of the latter to…
Jan 4
An “ordinary” death

An “ordinary” death

Susan Yates had a hard life, and she died bad. She was homeless when Philip Jones met her in early 2007. A couple months later, a jogger found her body lying on a path in a cemetery. She’d been raped and…

Rank this Week: 2288

David F. Sugarman

Covers class action cases, civil justice issues and consumer law matters. By David Sugarman.

http://www.davidsugerman.com/

Nov 13
For those facing collections efforts from Sallie Mae for Western Culinary Inst./Le Cordon Bleu Portland tuition

For those facing collections efforts from Sallie Mae for Western Culinary Inst./Le Cordon Bleu Portland tuition

So we’ve been hearing a lot from class members about Sallie Mae efforts at collection of debts arising from loans for those who attended Western Culinary Institute and Le Cordon Bleu Portland who are part of the class action against those…
Sep 13
Moving to dismiss the appeal brought by Career Education Corp and Western Culinary

Moving to dismiss the appeal brought by Career Education Corp and Western Culinary

For those interested, I’m posting our recent motion to dismiss and motion for reconsideration in Surrett v. Career Education Corp., our consumer fraud class against Career Education Corp for Western Culinary Institute/Le Cordon Bleu…
Sep 5
Oregon Qarmat Ali vets’ case against KBR headed to trial

Oregon Qarmat Ali vets’ case against KBR headed to trial

Today, Judge Papak issued another summary judgment opinion denying KBR’s motions for summary judgment on fraud and negligence. Here is a PDF copy: 512 – opinion & order – fraud and neglig It’s a long opinion, but it provides a really…

Rank this Week: 2117

An Appeal to Reason

Provides information and advice to trial attorneys from an appellate attorney. By Donna Bader.

http://donnabader.com

Oct 24
A smorgasbord of tips from my new book, An Appeal to Reason.

A smorgasbord of tips from my new book, An Appeal to Reason.

Early this October, I was invited to speak at the 2012 Belli Seminar organized by the Santa Clara Trial Lawyers Association. What an event! I was flattered to share the stage with some top-notch trial lawyers, including John…
Oct 22
Sharing appellate tips and knowledge

Sharing appellate tips and knowledge
Sep 11
Have you Googled your clients lately?

Have you Googled your clients lately?

The Internet is a great source for information. As attorneys, we need to get our names out there so prospective clients can find us. On the flip side, how often do you, as part of your intake, conduct searches on your clients?

Rank this Week: 2252

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