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California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
  • Sep 16

    Seventh Circuit vacates $100 million punitive damages award against ConAgra

    Seventh Circuit vacates $100 million punitive damages award against ConAgra
    In 2012 we reported on a $100 million punitive damages award against ConAgra Foods, Inc. arising out of a fire in a grain elevator.  According to Reuters, the U.S. Court of Appeals for the Seventh Circuit has reversed that punitive…
  • Sep 15

    New Mexico jury awards $65 million in punitive damages; Texas jury awards $15 million

    New Mexico jury awards $65 million in punitive damages; Texas jury awards $15 million
    I'm catching up on punitive damages news after being out of the office last week.  While I was out, the AP reported that a jury in New Mexico awarded $2.3 million in compensatory damages and $65 million in punitive damages in a lawsuit…
  • Sep 15

    Missouri Supreme Court strikes down punitive damages cap as unconstitutional

    Missouri Supreme Court strikes down punitive damages cap as unconstitutional
    Last week, Missouri's high court issued a unanimous published opinion holding that a statutory cap on punitive damages violates the Missouri Constitution. The statute in question provides that a punitive damages award against a single…
Rank this Week: 96

Virginia Employment Law Blog

Virginia Employment Law Blog

Covers employment law and litigation. By The Erlich Law Office, PLLC.

http://www.virginiaemploymentlawblog.com/
  • Sep 16

    Former Mets Sales Executive Sues Team for Pregnancy Discrimination

    Former Mets Sales Executive Sues Team for Pregnancy Discrimination
    Jeff Wilpon, the Chief Operating Officer of the New York Mets and son of Mets owner Fred Wilpon, runs his front office department about like his father runs the baseball team: Leigh Castergine, former Vice President of Ticket Sales, recently…
  • Aug 27

    Fourth Circuit Holds Employer Liable for Third Party Harassment

    Fourth Circuit Holds Employer Liable for Third Party Harassment
    Have you ever had to deal with an unpleasant person at work? When does the inappropriate conduct of someone at work rise to a civil rights violation by your employer? A recent decision by the Fourth Circuit may help answer these…
  • Aug 21

    You Just Got Fired: How to Deal in 11 GIF

    You Just Got Fired: How to Deal in 11 GIF
    Being terminated from your job almost always comes with a huge amount of stress and emotion.  There’s a lot to process, and people often want to do that processing very quickly in order to get back up and running.…
Rank this Week: 2493

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/
  • Sep 16

    Florida Sleep Clinic Settles False Claims Act Case

    Florida Sleep Clinic Settles False Claims Act Case
    The Sleep Medicine Center, Inc. (“Sleep Medicine”) and two physicians, Hubert Zachary and George Restea, have agreed with the federal government to settle allegations initiated by a whistleblower in a qui tam complaint that the…
  • Sep 10

    U.S. Joins Whistleblowers’ Case Involving Spinal Implant

    U.S. Joins Whistleblowers’ Case Involving Spinal Implant
    The Justice Department announced that the U.S. has intervened in a qui tam lawsuit brought by two whistleblowers alleging violations of the False Claims Act and filed its own lawsuit alleging violations of the Anti-Kickback Statute against…
  • Sep 4

    US Intervenes in False Claims Act Case Against Hospice Provider

    US Intervenes in False Claims Act Case Against Hospice Provider
    The United States has partially intervened in two qui tam lawsuits by three whistleblowers alleging violations of the False Claims Act by Evercare Hospice and Palliative Care (“Evercare”) now known as Optum Palliative and Hospice…
Rank this Week: 1293

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/
  • Sep 16

    Affirmative Defenses Have No Role in Determining the Amount in Controversy

    Affirmative Defenses Have No Role in Determining the Amount in Controversy
    Smith v. Manhattan Club Timeshare Association, Inc., 2013 WL 1955882 (S.D.N.Y. May 10, 2013). In this action, a District Court in New York held that affirmative defenses asserted on the merits could not be used to cut down the amount in…
  • Sep 12

    Defendants Concrete Evidence Defeats Remand

    Defendants Concrete Evidence Defeats Remand
    Fielder v. Penn Station, Inc., 2013 WL 1869618 (N.D. Ohio May 3, 2013). In this case, the plaintiff made a purchase at Penn Station, Inc., a shop located in Rocky River,Ohiousing his credit card.  The defendant Heartland Payment Systems,…
  • Sep 11

    District Courts Have Authority to Stay Remand Orders in Order to Facilitate Appeal

    District Courts Have Authority to Stay Remand Orders in Order to Facilitate Appeal
    Raskas v. Johnson & Johnson, 2013 WL 1818133 (E.D. Mo. April 29, 2013). In this action, a District Court in Missouri held that it had authority to stay its own remand order.  The plaintiffs brought an action under the Missouri…
Rank this Week: 57

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Sep 15

    Accounting Expert Witness Properly Allowed in Tax Fraud Case, 10th Circuit Conclude

    Accounting Expert Witness Properly Allowed in Tax Fraud Case, 10th Circuit Conclude
    Case: United States v. Curtis L. Morris, No. 12–1474, 10th Circuit U.S. Court of Appeals; July 28, 2014 Background: Defendant Curtis L. Morris is an accountant and bookkeeper accused of...The post Accounting Expert Witness Properly…
  • Sep 15

    The Ten Most Important Strategies for Use of a Human Factors Expert Witne

    The Ten Most Important Strategies for Use of a Human Factors Expert Witne
    A good human factors expert witness in general should have excellent credentials (e.g., academic background and degrees, publications, research projects, etc.) and practical experience in the specific area of testimony...The post The Ten Most…
  • Sep 8

    Expert Witness Testimony: Some Science and Some Art to Increase Your Value to Your Client

    Expert Witness Testimony: Some Science and Some Art to Increase Your Value to Your Client
    You’re an expert witness who wants to add the greatest possible value to your side. (Or you might be the attorney who wants to get the most juror persuasion out...The post Expert Witness Testimony: Some Science and Some Art to Increase…
Rank this Week: 1999

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don't really have a good explanation for this. I usually ask at this point which…
  • Aug 23

    Power Of Attorney Not Always Easy To Use

    Power Of Attorney Not Always Easy To Use
    An article in today's New York Times sheds some interesting light on powers of attorney and their sometimes unforeseen drawbacks. Your lawblogger thinks it is well worth a look.
  • Aug 21

    Anna Nicole Smith Estate (Finally) Out Of Court

    Anna Nicole Smith Estate (Finally) Out Of Court
    The ABA Journal reports on the final failure of the Estate of Anna Nicole Smith to recover  hundreds of millions of dollars from the estate of her late husband J. Howard Marshall. Marshall, a Texas oil billionaire died at 89, a year…
Rank this Week: 468

Trial Lawyer Communication Tips…

Trial Lawyer Communication Tips for EVERYONE!

Shares almost 3 decades of trial lawyer communication tips to help you make an impact, fascinate others, and close deals like the best trial lawyers in the world! By Mitch Jackson.

http://mitchjackson.com
  • Sep 15

    How To Be More Persuasive: Start with the “WHY” and they finish with the “HOW”

    How To Be More Persuasive: Start with the “WHY” and they finish with the “HOW”
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
  • Sep 8

    Spreecast with David Meerman Scott

    Spreecast with David Meerman Scott
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
  • Sep 7

    Microsoft Needs To Learn How To Communicate Better With Its Customer

    Microsoft Needs To Learn How To Communicate Better With Its Customer
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
Rank this Week: 2904

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
  • Sep 15

    Louisiana Second Circuit Holds that Routine Nonsurgical Medical Treatment Does Not Require Compliance with the Louisiana Uniform Consent Law

    Louisiana Second Circuit Holds that Routine Nonsurgical Medical Treatment Does Not Require Compliance with the Louisiana Uniform Consent Law
    By Karen M. Fontana William McDougald et al. v. St. Francis North Hospital Inc. No. 48,955 (La. App. 2nd Cir. April 9, 2014) 137 So.3d 1233 writ denied 2014-0815 (La. 6/3/14), 140 So.3d 1191. In this medical malpractice wrongful death action,…
  • Aug 28

    Electing Portability – It’s Not Too Late to File

    Electing Portability – It’s Not Too Late to File
    By Wendy B. Horton The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 was signed into law on December 17, 2010, and included a key provision – providing for “portability” between spouses of…
  • Aug 25

    Protection of Trademarks from Cybersquatter

    Protection of Trademarks from Cybersquatter
    By Bill Caughman In 1999, the Internet Corporation for Assigned Names and Numbers (“ICANN”) adopted the Uniform Domain-Name Dispute-Resolution Policy (UDRP) which established a system for dispute resolution between owners of…
Rank this Week: 821

Litigation & Dispute Resolution…

Litigation & Dispute Resolution Blog

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

http://www.davis.ca/en/blog/litigation/
Rank this Week: 1815

New York Business Litigation…

New York Business Litigation Lawyer Blog

Covers litigation, foreclosures, and business law. By The Silber Law Firm LLC.

http://www.thesilberlawfirm.com/
  • Sep 15

    Protective Order Renders Commercial Contract Impossible to Perform

    Protective Order Renders Commercial Contract Impossible to Perform
    Plaintiff Kolodin is a singer who lived with her agent, defendant Valenti. Despite the deterioration of their relationship the parties maintained a professional arrangement and Kolodin continued to sign with Valenti and his company,…
  • Aug 25

    Board Member's Vote for Disputed Conduct Not Deemed Bias for Demand in Derivative Action

    Board Member's Vote for Disputed Conduct Not Deemed Bias for Demand in Derivative Action
    Often, litigation involving a corporation will be framed as a derivative action meaning, that the shareholder that is suing is doing so on behalf of the corporation but not individually. A prerequisite for a derivative action is the suing…
  • Aug 18

    Court Finds the Word "Control" to Be Ambiguous and Affirms $17.2 Million Malpractice Award

    Court Finds the Word "Control" to Be Ambiguous and Affirms $17.2 Million Malpractice Award
    In interpreting deal documents, an issue arose as to the definition of the word "control" when used in an attempt to obtain "control" over a board of directors. For that reason, and others, the law firm that drafted those documents was found…
Rank this Week: 566

Kentucky Court Report

Kentucky Court Report

Provides updates of decisions, argument calendars, news and developments for the Supreme Court of Kentucky and Kentucky Court of Appeals. By Michael Stevens.

http://kycourtreport.com/
Rank this Week: 3014

Tennessee Defense Litigation

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/
Rank this Week: 3656

North Texas Legal News

North Texas Legal News

Covers Texas business law. By Leiza Dolghih.

http://northtexaslegalnews.com/
Rank this Week: 1924

Accessibility Defense

Accessibility Defense

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

http://accessdefense.com
  • Sep 14

    The Tenth Circuit makes the ADA 2010 Standards a true safe harbor for business.

    The Tenth Circuit makes the ADA 2010 Standards a true safe harbor for business.
    A door is just a door, no matter how grand. That is what the Tenth Circuit’s held in Colorado Cross Disability Coal. v. Abercrombie & Fitch Co., 2014 WL 4290589 (10th Cir. 2014) when it reaffirmed what businesses have…
  • Sep 7

    ADA and FHA Policies – One size does not fit all.

    ADA and FHA Policies – One size does not fit all.
    “Defendants cannot guarantee that an individual employee will not act inappropriately in a particular instance. However, under the ADA, Defendants can and must ensure that they adopt the proper policies and procedures to train their…
  • Aug 26

    “Disability” and “Handicap” are not the same, and it matter

    “Disability” and “Handicap” are not the same, and it matter
    Many lawyers and governmental entities believe that anyone who is “disabled” for purposes of the Americans with Disabilities Act (ADA)  must also be handicapped for purposes of the Fair Housing Act (FHA). This used to be…
Rank this Week: 2766

The Finn Blog

The Finn Blog

Covers structured settlements and related products and services from the insurance and legal communities.

http://www.finnfinancialgroup.com/learn-more/blog/
  • Sep 13

    IRS on S&P 500 Linked Structured Settlement: It Works!

    IRS on S&P 500 Linked Structured Settlement: It Works!
    September 13, 2014 – Every Friday morning, when the Internal Revenue Service releases its written determinations to the public as required by law, not much fanfare is usually made of the event. (Insert chirping crickets soundtrack here)…
  • Sep 12

    A True Independence Day

    A True Independence Day
    September 12, 2014 - A couple of months ago, while many of us were celebrating Independence Day grilling hot dogs and watching fireworks, retired U.S. Army sergeant Theresa Hannigan was celebrating a very different kind of independence. She…
  • Aug 29

    Both Sides, Now . . . and Later

    Both Sides, Now . . . and Later
    I’ve looked at life from both sides now from win and lose and still somehow it’s life’s illusions I recall. I really don’t know life at all. August 29, 2014 – Almost fifty years ago, a blossoming 24-year old…
Rank this Week: 2431

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/
  • Sep 12

    LinkedIn Settles Lawsuit Over Sales Department Wage

    LinkedIn Settles Lawsuit Over Sales Department Wage
    Last month LinkedIn agreed to pay approximately $6 million in overtime to 359 current employees. The settlement is based on investigation by the U.S. Department of Labor finding that the company violated federal wage laws.LinkedIn reached a…
  • Sep 5

    Pennsylvania School District Settles Lawsuit with School Psychologist

    Pennsylvania School District Settles Lawsuit with School Psychologist
    A Pennsylvania school district recently settled a lawsuit involving a former school psychologist. The Burrell School District was sued by Kristin Serluco after she was furloughed in 2011. Serluco claimed that the furlough was inappropriate,…
  • Aug 29

    Ride Sharing Company Uber Faces Lawsuit

    Ride Sharing Company Uber Faces Lawsuit
    Ride sharing is enjoying growing popularity. Many of these services don't provide a professional driver, opting instead to function more like a rental car company where the renter drives themselves. However, the ride share business run by…
Rank this Week: 3011

Defense Litigation Insider

Defense Litigation Insider

Covers complex litigation issues. By Cooley Manion Jones.

http://www.defenselitigationinsider.com
  • Sep 12

    Delaware Supreme Court Tosses $2.8 Million Verdict in Galliher Asbestos Trial

    Delaware Supreme Court Tosses $2.8 Million Verdict in Galliher Asbestos Trial
    William Larson Overview: In an opinion written by Justice Henry DuPont Ridgely, a unanimous panel of the Delaware Supreme Court recently threw out a $2.8 million verdict in the case of Michael Galliher v. R.T. Vanderbilt.  Defense…
  • Aug 29

    Significant Asbestos “Take-Home Exposure” Opinion

    Significant Asbestos “Take-Home Exposure” Opinion
    Amaryah K. Bocchino -Persuasive precedent likely as PA judge holds employer/premises owner does not owe duty to warn  On August 28, 2014, the Honorable Judge Eduardo C. Robreno, in the Multi-District Litigation for asbestos in the…
  • Aug 18

    What’s in a name? That which we call a rose by any other name would smell as sweet;

    What’s in a name? That which we call a rose by any other name would smell as sweet;
    Jonathan F. TabaskyPlaintiffs, when faced with a legal bar to traditional negligence claims, frequently try to cloak them in new theories of liability. This tactic is reminiscent of dialogue in William Shakespeare’s play Romeo and…
Rank this Week: 4028

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

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

    Fervent Belief

    Fervent Belief
    Next term, the U.S. Supreme Court will hear argument in the Omnicare case.  The issue is the pleading standard for an allegedly false or misleading opinion under Section 11 of the Securities Act.  While the Second, Third, and Ninth…
  • Sep 10

    Freshening Up

    Freshening Up
    Regular visitors to The 10b-5 Daily will notice that the look and format of the blog has undergone a change.  A few items of note: (1) To receive e-mail notifications of new posts (even if you have previously…
  • Sep 9

    The 10b-5 Daily Gets A Makeover

    The 10b-5 Daily Gets A Makeover
    After eleven years (has it really been that long?), The 10b-5 Daily is moving to a new platform, updating its look, clearing out dead links, and generally becoming a more user-friendly blog. For most visitors, the transition will be…
Rank this Week: 1925

A Blog on Legal Matters that…

A Blog on Legal Matters that Matter

Comments on trials and litigation and injury and accident law. By The Martin Law Firm, LLC.

http://blog.martinfirmllc.com/
  • Sep 12

    Alabama Football Fan Convicted of Manslaughter in DUI Death

    Alabama Football Fan Convicted of Manslaughter in DUI Death
    Earlier this year, a Hoover man killed another driver and injured his own passengers, when he got behind the wheel with a blood-alcohol limit more than three times the legal limit. He was convicted of manslaughter by a Bessemer jury in…
  • Aug 29

    Caterer's Slip and Fall Lawsuit Reinstated Despite Open and Obvious Danger

    Caterer's Slip and Fall Lawsuit Reinstated Despite Open and Obvious Danger
    As with most rules, there are exceptions depending on the circumstances. When it comes to premises liability claims, the premises owner is normally responsible for keeping the premises safe for people who are on the property. One important…
  • Aug 22

    Will Uninsured Motorist Insurance Cover a Phantom Vehicle Accident in Alabama?

    Will Uninsured Motorist Insurance Cover a Phantom Vehicle Accident in Alabama?
    Clients have asked whether or not auto insurance will cover a "hit and run" accident. A tougher question is whether auto insurance covers an accident when another driver runs the victim off the road, but the vehicles themselves never…
Rank this Week: 3022

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/
  • Sep 12

    Lawyers and Mobile Devices Trending Higher

    Lawyers and Mobile Devices Trending Higher
    This week's Daily Record column is entitled "Lawyers and Mobile Devices Trending Higher." My past Daily Record articles can be accessed here. ***** Lawyers and Mobile Devices Trending Higher Of all the technology trends, lawyers have adapted…
  • Sep 4

    Virtual law firms allow practice on your own term

    Virtual law firms allow practice on your own term
    This week's Daily Record column is entitled "Virtual law firms allow practice on your own terms." My past Daily Record articles can be accessed here. ***** Virtual law firms allow practice on your own terms For years now I’ve been an…
  • Aug 15

    Online tools to streamline your email

    Online tools to streamline your email
    This week's Daily Record column is entitled " Online tools to streamline your email." My past Daily Record articles can be accessed here. ***** Online tools to streamline your email These days we spend an awful lot of time sorting through and…
Rank this Week: 1974

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: 311

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/
  • Sep 11

    Windows 8 and That Annoying Little Toolbar

    Windows 8 and That Annoying Little Toolbar
    If you've upgraded to Windows 8, and are doing anything with dual monitors, you may have seen that little stripe visible at the bottom of your second monitor. If you're in auto-hide mode with the Toolbar, mousing over it brings it up. If not,…
  • Aug 19

    HDMI v. VGA: Time to Upgrade?

    HDMI v. VGA: Time to Upgrade?
    Although the HDMI video format has been available for several years now, the majority of courtroom trial presentations are still done with VGA cables and equipment in a 4:3 format. For comparison, the diagram below shows common settings with…
  • Jul 11

    Deposition Video (MPEG-2) DVDs and Windows 8

    Deposition Video (MPEG-2) DVDs and Windows 8
    Congratulations! You've just upgraded your laptop with the latest from Redmond (as in Redmond, Washington, home of Microsoft), and have finally figured out how to bypass most of the “purple charms” screen stuff. You’ll still…
Rank this Week: 2078

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • Sep 10

    Five Judges from the Fifth Circuit Court of Appeals Offer Pointers on Appellate Advocacy

    Five Judges from the Fifth Circuit Court of Appeals Offer Pointers on Appellate Advocacy
    The Dallas Bar Association Business Litigation Section recently hosted an outstanding panel discussion with five judges from the Fifth Circuit Court of Appeals.  I have been attending appellate continuing legal educations presentations…
  • Aug 20

    “The Best Lawyers in America” list

    “The Best Lawyers in America” list
    I am honored that my peers have once again voted to include me in “The Best Lawyers in America” list.  
  • Aug 15

    Interview on KDAF CW Channel 33

    Interview on KDAF CW Channel 33
    As an appellate lawyer, I often have to answer difficult questions. On Channel 33 news, though, I got to answer an easy one. I was asked whether an individual could form his own country in North Dallas. Um, no.     Here is the…
Rank this Week: 1711

Video and the Law

Video and the Law

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

http://www.videoandthelaw.com/
  • Sep 9

    The ABC’s of Collecting Valuable Demonstrative Evidence

    The ABC’s of Collecting Valuable Demonstrative Evidence
    Think of the acronym ABC : Ambulance Before Cop. When an accident occurs, first responders must take action in rescuing the injured victims. Ambulance Before Cop is the most logical scenario. Paramedics know how to handle the injured, and the…
  • Aug 1

    The Evolution of Law Firm Website

    The Evolution of Law Firm Website
    Let's compare your life and your law practice 23 years ago to where you are today. Has anything changed? I bet a ton has changed. Maybe you bought a new house, left your old firm and went out on your own, how about a new child or new law…
  • Jun 18

    Behind the Scenes of a Trial Video

    Behind the Scenes of a Trial Video
    “O Romeo, Romeo, wherefore art thou Romeo?” The familiar and famous Shakespeare play “Romeo and Juliet,” about two young lovers that ends in tragedy was created and written with great thought and an outline, or what we call in the…
Rank this Week: 3594

The Courtroom Insight Blog

The Courtroom Insight Blog

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

http://blog.courtroominsight.com/
Rank this Week: 2041

Resolving Discovery Disputes

Resolving Discovery Disputes

Covers discovery plans, depositions, interrogatories and privileges. By Katherine Gallo.

http://www.resolvingdiscoverydisputes.com/
  • Sep 9

    What is a General Objection?

    What is a General Objection?
    ANSWER:     A fictional document. A non-existent objection neither based in statutory authority nor found in case law. A statement by a party during the discovery phase that they will neither be held to the Code of Civil…
  • Aug 5

    Why Every Insurance Carrier Should Insist That The New Construction Form Interrogatories Be Used

    Why Every Insurance Carrier Should Insist That The New Construction Form Interrogatories Be Used
      John Podesta, an insurance coverage attorney in San Francisco, brings us his perspective on why the Form Interrogatories for Construction Defect should be used.  For over 20 years John has has handled hundreds of…
  • Jul 24

    Discovery Plan Part 4 — The Year Before Trial

    Discovery Plan Part 4 — The Year Before Trial
    Somewhere in the back of your mind you are aware that discovery and Motions for Summary Judgment deadlines are looming. Yet, you really don’t pay attention to them until they are upon us usually around day 45 when you start trying to…
Rank this Week: 4065

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • Sep 8

    Are Lawyer-Hyperlinked Briefs Headed for Extinction?

    Are Lawyer-Hyperlinked Briefs Headed for Extinction?
    When used appropriately, hyperlinks to specific portions of the record or to on-point authorities can be a very effective tool in the appellate lawyer’s arsenal. But are recent developments enhancing that tool or effectively taking it…
  • Aug 6

    Justice Moseley’s Departure Creates Unusual Election Scenario

    Justice Moseley’s Departure Creates Unusual Election Scenario
    In early June, Fifth Court of Appeals Justice Jim Moseley (pictured) announced that he would be leaving the Court this month. He has since decided to join Gray, Reed & McGraw, where he will chair the firm’s appellate section. I have…
  • Jun 24

    What Notice Is Required When a Summary-Judgment Hearing Is Re-set?

    What Notice Is Required When a Summary-Judgment Hearing Is Re-set?
    Texas litigators are generally familiar with the TRCP 166a requirement that a motion for summary judgment be served at least 21 days before the date specified for a hearing. But what notice is required when the hearing does not go forward on…
Rank this Week: 2859

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Sep 8

    To Practice Law Is To Be Afraid

    To Practice Law Is To Be Afraid
    © Max Kennerly. The original for this post is To Practice Law Is To Be Afraid at Litigation & Trial Lawyer Blog.When it comes to lawyer “war stories,” I agree with Philip Thomas: “The only stories about a lawyer…
  • Sep 4

    MedPage Today Parrots Drug Company Marketing As “Medical News”

    MedPage Today Parrots Drug Company Marketing As “Medical News”
    © Max Kennerly. The original for this post is MedPage Today Parrots Drug Company Marketing As “Medical News” at Litigation & Trial Lawyer Blog.I represent clients in the consolidated Actos litigation, and so I’m…
  • Aug 15

    What If Liebeck v. McDonald’s Was Just Another Case?

    What If Liebeck v. McDonald’s Was Just Another Case?
    © Max Kennerly. The original for this post is What If Liebeck v. McDonald’s Was Just Another Case? at Litigation & Trial Lawyer Blog.This week marks the 20th anniversary of the verdict in the Stella Liebeck…
Rank this Week: 223

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
  • Sep 7

    Attorney Fees and Deferred Taxation

    Attorney Fees and Deferred Taxation
    How does an independent assignment company work in your favor when it comes to attorney fees?  And can attorneys structure their fees after a settlement agreement has been concluded?  Join Ringler Radio host, Larry Cohen and…
  • Aug 25

    2014 NSSTA Study on Structure

    2014 NSSTA Study on Structure
    In 2014, the National Structured Settlements Trade Association (NSSTA) commissioned CLM Advisors to conduct a study, where the focus was on how senior claims executives perceive the value of structured settlements and the value that…
  • Aug 10

    Spotlight on The City Bar

    Spotlight on The City Bar
    Founded in 1870 in response to a growing public concern over corruption in the justice system in New York City, the New York City Bar Association, also known as the City Bar, is a voluntary association of lawyers and law students.   On…
Rank this Week: 927

Translation For Lawyers

Translation For Lawyers

Covers various topics related to language translation, interpretation, and culture in the Legal Sytem. By All Language Alliance, Inc.

http://www.translationforlawyers.com/
  • Sep 5

    Document Translation Services for International Estate Planning

    Document Translation Services for International Estate Planning
    We've blogged about certified legal document translation in the context of the US wills and international estate planning . If your client is a resident non-citizen, married to a non-citizen, or has property located in more than one country,…
  • Aug 13

    Brazilian Portuguese Translation Services and Setting Up a Foreign Brach in Brazil

    Brazilian Portuguese Translation Services and Setting Up a Foreign Brach in Brazil
    We've blogged about English into Brazilian Portuguese translation services in the context of exporting goods to South America. With a population of nearly 200 million and a sizeable middle class, the Brazilian market is an attractive option…
  • Jul 30

    Legal Translation Services for International Estate Planning

    Legal Translation Services for International Estate Planning
    We've blogged about the need for legal translation services in the context of real estate ownership in a foreign country. International estate planning for international clients residing in the US also generates a need for certified…
Rank this Week: 1079

Nebraska Litigation & Trial…

Nebraska Litigation & Trial Advisor

Covers trials and appeals, depositions, and discovery. By Lamson, Dugan and Murray, LLP.

http://nebraskalitigationadvisor.com/
Rank this Week: 827

LITIG8R TECH

LITIG8R TECH

Provides tools, time-saving tips, and budget-saving solutions for solo litigators and trial teams. By Litigator Technology.

http://blog.litigatortechnology.com/
  • Sep 4

    Legal Toolkit podcast with iPhone JD blogger Jeff Richardson

    Legal Toolkit podcast with iPhone JD blogger Jeff Richardson
    From the Legal Talk network website: On this episode of The Legal Toolkit, Heidi Alexander interviews iPhoneJD blog author Jeff Richardson about his favorite iPhone and iPad apps and accessories that lawyers use in their practice and lives.…
  • Jul 22

    Paul Bloom on bias, prejudice and reason

    Paul Bloom on bias, prejudice and reason
     
  • Jun 21

    Lawyerist publishes searchable list of Mobile Legal Apps for iOS

    Lawyerist publishes searchable list of Mobile Legal Apps for iOS
    Earlier this week, Lawyerist published a searchable and sortable list of Every Legal App for iPhone and iPad. Well, mostly. “There are just a few exceptions. This does not include apps that have not been updated since 2011 and have few…
Rank this Week: 3642

A Winning Tip

A Winning Tip

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

http://awinningtip.blogspot.com/
  • Sep 2

    "You Need a Timeline!"

    "You Need a Timeline!"
    Timelines are essential to just about any case. I’ve been teased by various attorneys I’ve worked with that I always recommend a timeline, and indeed it’s true.But there is method to my repeated "You need a timeline!"…
  • Jul 31

    It Takes A Village: Yet Another Focus Group Advantage

    It Takes A Village: Yet Another Focus Group Advantage
    I consulted on a case recently where one of the possible witnesses was an individual in a highly respected line of work. This person had some 30-odd years ago been involved in criminal activity, but in the years since had made a wonderful…
  • Jun 30

    Use "Less is More" to Win in Court

    Use "Less is More" to Win in Court
    Some courts are lenient with the amount of time allotted for a trial, some are not. It certainly can seem impossible, sometimes, to jam the amount of evidence and testimony you have in the number of hours permitted.And yet, as is so often…
Rank this Week: 4596

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: 2059

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/
  • Sep 2

    Potential "Game Changing" S2 PLR

    Potential "Game Changing" S2 PLR
    The Internal Revenue Service (IRS) has issued a Private Letter Ruling (PLR-143928-13) dated August 29, 2014 approving favorable tax treatment for a structured settlement annuity with annual payment adjustments based on the performance of the…
  • Aug 29

    Wendie Howland Interview - 3

    Wendie Howland Interview - 3
    In two prior S2KM blog posts (Part 1 and Part 2), Wendie A. Howland, MN, RN-BC, CRRN, CCM, CNLCP, LNCC, a nationally recognized life care planning expert, has helped to explain why life care planners increasingly impact multiple overlapping…
  • Aug 27

    Wendie Howland Interview - 2

    Wendie Howland Interview - 2
    The increasing number, importance and roles of life care planners represents a significant development impacting several overlapping markets including structured settlements, personal injury settlement planning, special needs planning, and…
Rank this Week: 641

Dispute Resolution in Germany

Dispute Resolution in Germany

Covers litigation, arbitration and mediation in Germany. By Peter Bert.

http://www.disputeresolutiongermany.com/
Rank this Week: 3365

Koehlerlegal

Koehlerlegal

Discusses current cases and issues in the law. By Kurt T. Koehler.

http://www.koehlerlegal.blogspot.com/
  • Aug 31

    New York City Sugary Drink Regulation

    New York City Sugary Drink Regulation
    In September 2012 New York City's Board of Health prohibited the sale of sugary drinks larger than 16 ounces in restaurants and some other venues such as movie theaters, fast food restaurants, and cafeterias that it inspects.  Five years…
  • Jul 31

    California Probate Law - LA Clippers Sale Trial

    California Probate Law - LA Clippers Sale Trial
    A few days ago a California probate court ruled in the Donald Sterling/Shelly Sterling trust dispute concerning the pending sale of the Los Angeles Clippers to Steve Balmer (Former Microsoft CEO) for $2 Billion.  The pending…
  • Jun 30

    Catching Up

    Catching Up
    A few months ago I wrote about software patents before the Supreme Court.  Instead of issuing a broad ruling the Court merely decided that adding a computer to an abstract idea would not be enough to make it patentable.  Abstract…
Rank this Week: 3931

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

http://delawaretrialpractice.foxrothschild.com/
  • Aug 31

    Supreme Court Analyses of Excusable Neglect Standard

    Supreme Court Analyses of Excusable Neglect Standard
    The Delaware Supreme Court recently analyzed the standard of excusable neglect sufficient to vacate a default judgment.  In the case of Christiana Mall, LLC v. Emory Hill and Company (opinion here), Christiana Mall sought to overturn the…
  • Aug 12

    Custody – Rebuttable Presumptions and Perpetrators of Domestic Violence

    Custody – Rebuttable Presumptions and Perpetrators of Domestic Violence
    In a prior post I described the factors the Family Court of the State of Delaware examines when determining custody of a child.  Number 7 in the list of factors is “[e]vidence of domestic violence as provided for in…
  • Jul 30

    Fox Rothschild Blogroll

    Fox Rothschild Blogroll
    In addition to the Delaware Trial Practice Blog, we encourage you to check out the other 35 blogs published by Fox Rothschild attorneys.  The Fox Rothschild blog roll ranges from Fashion Law to Privacy Law (a link to all of the Fox…
Rank this Week: 2371

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
Rank this Week: 313

The California Blog of Appeal

The California Blog of Appeal

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

http://www.calblogofappeal.com
  • Aug 27

    How to make your mediation brief effective

    How to make your mediation brief effective
    There are some big differences between appellate mediation and mediation while your case is still pending in the trial court. But appellate and trial lawyers can both benefit from reading mediator Rande Sotomayor’s excellent article,…
  • Jul 28

    Opposing the pro se appellant

    Opposing the pro se appellant
    I think a lot of people might think that any time the appellant is a lay person representing himself (i.e., appearing “pro se”), the respondent has a pretty easy time of it. Is that the case? I was reminded of this issue by an…
  • Jul 2

    Doesn’t anybody read the rules?

    Doesn’t anybody read the rules?
    When is a brief written by a lay person likely to be of comparable quality to a brief written by lawyer for the other side in the same case? When both briefs stink: Brooks’s opening brief on appeal includes a statement of facts without…
Rank this Week: 1089

An Appeal to Reason

An Appeal to Reason

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

http://www.anappealtoreason.com/
  • Aug 26

    Alzheimer Patient and her Husband are not liable for injuries inflicted on an in-home health care worker.

    Alzheimer Patient and her Husband are not liable for injuries inflicted on an in-home health care worker.
    In Gregory v. Cott, 2014 WL 3805478, the California Supreme Court was presented with the question of whether patients suffering from Alzheimer’s disease and their families are liable for the injuries they inflict on in-home health care…
  • Aug 12

    What is an arguable issue on appeal?

    What is an arguable issue on appeal?
     In People v. Hernandez (2014) ___, Cal.App.4th ___, Justice Rylaarsdam wrote the opinion in a criminal appeal in which the Court previously appointed counsel to represent the defendant.  The attorney filed…
  • Jul 31

    We may have a new California Supreme Court Justice

    We may have a new California Supreme Court Justice
    Governor Jerry Brown nominated a new Supreme Court justice to replace retiring Justice Marvin Baxter, who was one of the Court’s most conservative members.  The nominee is Mariano-Florentino Cuellar, a Mexican-born Stanford Law…
Rank this Week: 1653

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

    Recovering Assets By Identifying & Immobilizing Them

    Recovering Assets By Identifying & Immobilizing Them
    Identifying and immobilizing assets in a timely fashion can be paramount to asset recovery cases ranging from an ultra- high net worth divorce to a forced collection proceeding against a debtor. The abstract about “Suspending Suspicious…
  • Jul 22

    Recovering Illicit Assets Via Switzerland’s Mutual Legal Assistance Unit

    Recovering Illicit Assets Via Switzerland’s Mutual Legal Assistance Unit
    Mr. Pascal Gossin is the head of Switzerland’s Mutual Legal Assistance Unit, (hereinafter “the Unit”), which is part of the Federal Office of Justice.  Mr. Gossin was a fellow speaker at the Carmelite Chambers…
  • Jul 3

    Divorce & Hidden Money: Four Methods Spouses Sometimes Use To Conceal Asset

    Divorce & Hidden Money: Four Methods Spouses Sometimes Use To Conceal Asset
    This is the eighth post in the “Divorce & Hidden Money” series.  Like “Four Asset Concealment Tools” and “Four Ways Assets Can Be Secretly Transferred”, the post reveals methods a spouse may use to…
Rank this Week: 219

Law Rules

Law Rules

Covers dispute resolution and civil litigation. By Michael A. Pollack.

http://lawrules.squarespace.com/journal/
  • Aug 18

    When is Mediation not Mediation?

    When is Mediation not Mediation?
    Last week, the Milwaukee Journal Sentinel ran an article about the Wisconsin Medical Malpractice Mediation Panels (MMP), with the headline “Medical Mediation Rarely Provides Closure”. The only problem with the article and the…
  • Jan 21

    How does a mediator spell success?

    How does a mediator spell success?
    Like many mediators, I am often asked how many of my cases result in a settlement, as opposed to impasse. The question implies that a successful mediation results in a full settlement of all issues, and that anything less is an impasse,…
  • Dec 9

    Practice!

    Practice!
    An old joke relates the story of a tourist in New York City who asks someone on the street how he can get to Carnegie Hall. The native New Yorker responds “Practice!” The same can be said for negotiating. Whether you are using a…
Rank this Week: 4107

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: 380

A Buffalo Lawyer

A Buffalo Lawyer

Random thoughts and helpful links and resources from Buffalo lawyer Jeremy Colby.

http://abuffalolawyer.blogspot.com/
Rank this Week: 2102