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Deliberations

Deliberations

Covers laws, news, and thoughts on juries and jury trials. By Anne Reed.

http://jurylaw.typepad.com/deliberations/
  • Mar 17

    Second response to "Now you see it, now you don't"

    Second response to "Now you see it, now you don't"
    By Kelly Lawson This is a second response to "Now you see it, now you don't". Dr. Vallano makes several excellent points. Allow me to play prosecution advocate for a moment. I completely agree that memory is fallible (and malleable). I also…
  • Mar 17

    Response to "Now you see it, now you don't"

    Response to "Now you see it, now you don't"
    By Jonathan Vallano This is a reponse to "Now you see it, now you don't". This provocative blog raises more questions than answers regarding eyewitness testimony. What effects does eyewitness testimony have on legal decision-making (judges…
  • Mar 17

    Now you see it, now you don’t: The shortcomings of eyewitness identification

    Now you see it, now you don’t: The shortcomings of eyewitness identification
    By Matthew Mangino United States Supreme Court Justice William J. Brennan Jr. wrote in a dissenting opinion more than thirty years ago, “There is almost nothing more convincing than a live human being who takes the stand, points a…
Rank this Week: 725

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

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

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 747

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: 770

Beyond the Underground

Beyond the Underground

Covers legal news, politics, and whimsy. By Evan Schaeffer.

http://www.legalunderground.com
  • Nov 28

    MEANWHILE IN AUSTIN'S

    MEANWHILE IN AUSTIN'S
    MEANWHILE, IN AUSTIN'S STUDIO IN KANSAS CITY . . . Here's a shot of the inside of Austin's studio in Kansas City, with scattered self-portraits in oil done for a recent assignment--
  • Nov 28

    SELECTIONS FROM MY

    SELECTIONS FROM MY
    SELECTIONS FROM MY SKETCHBOOK . . . I haven't posted much "artwork" lately, though I'm still in the thrall of a drawing compulsion, which began when conversations about art with my son Austin (of the trip to Costa Rica),…
  • Nov 27

    TYPES OF LAWYERS

    TYPES OF LAWYERS
    TYPES OF LAWYERS #8: THE PARTNER WHO GOLFS . . . Shhh! The partner-who-golfs is teeing off, and he never likes it when you chuckle during his backswing. So you don't. Instead, you stand quietly as he adjusts his unorthodox stance,…
Rank this Week: 794

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 19

    NLRB Opinion May Make McDonald's Joint Employers with Franchisee

    NLRB Opinion May Make McDonald's Joint Employers with Franchisee
    American business has long relied upon the franchise model. Brands like McDonald's grant individuals a license for the right to use their trademarks and sell their products. McDonald's also gives franchisees marketing plans and operations…
  • 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,…
Rank this Week: 812

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: 889

e-discovery 2.0

e-discovery 2.0

Covers electronic discovery. By Aaref Hilaly.

http://www.clearwellsystems.com/e-discovery-blog
  • Jun 4

    e-discovery 2.0 is moving

    e-discovery 2.0 is moving
    Dear Friends – The time has finally come for eDiscovery 2.0 to relocate to the Symantec eDiscovery Blog. We are excited to continue our long tradition of providing unbiased perspectives regarding cutting-edge eDiscovery and information…
  • Apr 25

    Preventing Data Breaches – Tips from the FTC on Fraud, Deception and Consumer Privacy

    Preventing Data Breaches – Tips from the FTC on Fraud, Deception and Consumer Privacy
      2013 was a rough year for organizations struggling to secure their data. According to the recently published Internet Security Threat Report       (ISTR),breaches increased 62% in 2013 and over 552 million…
  • Dec 20

    In Re: Biomet Order Addresses Hot Button Predictive Coding Issue

    In Re: Biomet Order Addresses Hot Button Predictive Coding Issue
    United States District Court Judge for the Northern District of Indiana, Ronald J. Miller, recently addressed what has arguably become the hottest predictive coding issue since Judge Andrew J. Peck’s February 2012 order in Da Silva…
Rank this Week: 941

Illinois Appellate Lawyer Blog

Illinois Appellate Lawyer Blog

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

http://www.illinoisappellatelawyerblog.com/
  • Apr 24

    What's the problem now, illinoisappellatelawyerblog.com?

    What's the problem now, illinoisappellatelawyerblog.com?
    “Hey, c’mon Sr. illinoisappellatelawyerblog.com. Two months between postings? How do you expect to keep your readers? We’re writing briefs. We need all this stuff you write about. Nobody else does it, at least not like you.…
  • Apr 24

    Insurer’s Arguments First Raised On Reconsideration Forfeited For Appeal

    Insurer’s Arguments First Raised On Reconsideration Forfeited For Appeal
    General contractor Kiferbaum Construction was sued by a subcontractor’s employee who was injured at the work site. Kiferbaum was represented by Jacobson & Riseborough. Kiferbaum got excess insurance from Evanston Insurance.…
  • Feb 23

    Aldermen’s Appeal Of Victorious Referendum Moot

    Aldermen’s Appeal Of Victorious Referendum Moot
    More than 58 percent of the voters in Country Club Hills, Illinois passed a referendum that reduced the number of city aldermen from 10 to five. About three weeks later, a group of unhappy aldermen sued the county clerk. They asked the trial…
Rank this Week: 966

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 968

Juries

Juries

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

http://juries.blogspot.com/
  • Sep 19

    Juror's Internet Research Leads to New Trial for Death Rown Inmate

    Juror's Internet Research Leads to New Trial for Death Rown Inmate
    This is the second time that I have seen a death row conviction overturned because of a juror's improper use of the Internet.  The first case, Dimas-Martinez v. Arkansas, involved a juror who could not stop tweeting about the…
  • Sep 18

    What is Life Worth?: New Law Review Article

    What is Life Worth?: New Law Review Article
    Ralph A. PeeplesCatherine T. HarrisAbstract (to read the entire article go here):     This article examines the amount recovered in 118 wrongful death cases filed in a single jurisdiction (North Carolina) over a five year…
  • Sep 17

    Jurors Increasingly Prefer LWP Over the Death Penalty

    Jurors Increasingly Prefer LWP Over the Death Penalty
    The article below, which focuses on the state of Ohio, highlights a growing trend around the country. When given the choice between the death penalty and life without parole (LWP), jurors increasingly choose the latter. The article gives…
Rank this Week: 995

New York Civil Law

New York Civil Law

A forum for New York Appellate Law, Civil Procedure, Insurance Coverage and Defense. By Matthew Lerner.

http://nylaw.typepad.com/new_york_civil_law/
Rank this Week: 1002

Construction Litigation Law Blog

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/
Rank this Week: 1011

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: 1027

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: 1032

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 1033

Thoits Law Blog

Thoits Law Blog

Discusses important legal developments in the areas of business, employment, intellectual property, litigation, real estate, and estate planning. By Thoits, Love, Hershberger & McLean.

http://www.thoitslaw.com/blog/
  • Apr 8

    You Really, Really Need a Shareholder Buy-Sell Agreement

    You Really, Really Need a Shareholder Buy-Sell Agreement
    ...a relatively small investment of time spent on the fundamentals can yield significant dividends in the future – and help to avoid much distress. And, the first fundamental, particularly for founders who do not anticipate seeking venture…
  • Apr 8

    Selling Restricted Stock of Private Companie

    Selling Restricted Stock of Private Companie
    Anyone who holds restricted stock of a non-public company, such as Twitter, Box, or Palantir among others, probably has discovered it is possible to find buyers for their stock by contacting Second Market or Shares Post or other…
  • Feb 22

    California Pregnancy Disability Leave: Longer Than Four Months?

    California Pregnancy Disability Leave: Longer Than Four Months?
    The court stated that this was a "case of first impression" and posed the issue as "whether an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL)...may nevertheless state…
Rank this Week: 1057

e-Lessons Learned

e-Lessons Learned

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

http://ellblog.com
  • Sep 19

    Is Negligent Spoliation of Evidence Sufficient to Warrant Permissive Adverse Jury Instruction?

    Is Negligent Spoliation of Evidence Sufficient to Warrant Permissive Adverse Jury Instruction?
    An employer doesn’t need an attorney to tell him or her that destroying evidence relevant to litigation may make the court very unhappy.  Often times, when a party acts in bad faith by intentionally destroying evidence, the court…
  • Sep 17

    Don’t Bite Off More Than You Can Chew: Requesting Party Does NOT Always Bear the Production Costs Related to E-Discovery

    Don’t Bite Off More Than You Can Chew: Requesting Party Does NOT Always Bear the Production Costs Related to E-Discovery
    The plaintiff, Country Vintner, had an agreement with a winery (Esmeralda, who was not named a party to the action) to be the exclusive wholesaler of Alamos, which is an Argentinean wine, in North Carolina. A few years later, the defendant,…
  • Sep 15

    Judge Not Lest Ye Be Judged

    Judge Not Lest Ye Be Judged
    Defendant Youkers was sentenced to an eight-year prison term. Youkers thereafter filed a motion for a new trial alleging that the judge who sentenced him engaged in improper communications and was not impartial. In particular, the father of…
Rank this Week: 1059

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Sep 18

    Binding legal authority

    Binding legal authority
    I don’t know how Mark Friston feels when sitting as a Deputy Master at the Senior Courts Costs Office when one of those appearing before him quotes from his book Civil Costs: Law and Practice as being a persuasive record of the law as…
  • Sep 16

    Costs of Part 8 proceeding

    Costs of Part 8 proceeding
    Has the Court of Appeal messed up again (Mitchell/Denton style)? One of the problems with the English legal system is that the higher courts will sometimes try to do justice to the facts of a case but create a precedent in the process with…
  • Sep 11

    Costs budgeting and new bill of costs format

    Costs budgeting and new bill of costs format
    Approval has recently been given to the new J-Codes. These are integral to future case management software that will be used for drafting of costs budgets, costs schedules and bills of costs. As the Jackson Final Report stated, the purpose of…
Rank this Week: 1069

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

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

    Legal Funding Provides Financial Relief

    Legal Funding Provides Financial Relief
    “Thank you for your assistance in funding me until my settlement. You helped me get enough money so that I could put food on the table and keep the roof over my kids’ heads. Thanks for everything.” The last thing a…
  • Sep 18

    Don't be Financially Tempted by an Early Settlement Offer

    Don't be Financially Tempted by an Early Settlement Offer
    Once you file an auto accident lawsuit, its time to consider your finances and how lawsuit funding can help you pay your bills and maximize the value of your case. Have you ever heard of lawsuit funding? If not, you are not alone; I hadn't…
  • Sep 18

    Wrongful Death Lawsuits Resulting from Medical Negligence Benefit from Litigation Funding

    Wrongful Death Lawsuits Resulting from Medical Negligence Benefit from Litigation Funding
    All patients have the right to receive competent care regardless of the kind of healthcare received - minor, complex, required, or elective procedures. Therefore, even if you elect to undergo medical treatment that is not medically…
Rank this Week: 1070

White Collar Defense and…

White Collar Defense and Compliance

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

http://whitecollarcrime.foxrothschild.com/
Rank this Week: 1074

South Carolina Appellate Law Blog

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: 1093

Class Action Blog

Class Action Blog

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

http://www.cfjblaw.com/classactionblog/blog.aspx
Rank this Week: 1114

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Sep 17

    Same Sex Marriage Future Bans Will Be Decided in Ohio

    Same Sex Marriage Future Bans Will Be Decided in Ohio
    A majority of presidential elections have been made in Ohio. The same may go to gay marriage bans as well. Justice Ginsburg said that the U.S. Supreme Court will closely monitor the 6Th U.S. Circuit Court of Appeals, based in Cincinnati, as…
  • Sep 17

    Court Decides Fate on Moscow Confidentiality Breach

    Court Decides Fate on Moscow Confidentiality Breach
    John Moscow, an ex-prosecutor from New York, will be facing a hearing this week as to whether he breached his previous client’s confidentiality when he started fighting companies belonging to a Russian accused of making Manhattan properties…
  • Sep 15

    Death Toll on Defective GM Ignition Switch Now at 19

    Death Toll on Defective GM Ignition Switch Now at 19
    GM is now linked to 19 deaths as a result of defective faulty ignition switches in vehicles. The increased death number was revealed recently from a compensation professional retained by the car manufacturer, Kenneth Feinberg, who offered the…
Rank this Week: 1122

EDiscoveryMap

EDiscoveryMap

Covers cross-border ediscovery issues. By Monique Altheim.

http://ediscoverymap.com
  • Apr 30

    Top Monthly Privacy and Data Protection New

    Top Monthly Privacy and Data Protection New
    by Monique Altheim on April 30, 2014 This past month saw another batch of large data breaches, with “Heartbleed” considered by some the largest data security breach in the history of the internet; a flurry of legislative efforts…
  • Feb 23

    Top Monthly Privacy and Data Protection Storie

    Top Monthly Privacy and Data Protection Storie
    by Monique Altheim on February 23, 2014     Conferences  Powerpoint presentation of the closing plenary session on privacy @legaltechNY “Ripped from the Headlines: Cautionary Tales from the Annals of Data…
  • Feb 22

    Destruction of Private Data: Pushing the “Delete” Button is Not Enough

    Destruction of Private Data: Pushing the “Delete” Button is Not Enough
    A study commissioned in Australia by the National Association for Information Destruction (NAID), published on Feb.19, has found significant amounts of sensitive personal information left on recycled computers. The researchers purchased…
Rank this Week: 1210

The Appellate Gourmet (c)

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 1252

Bailey Class Action Daily

Bailey Class Action Daily

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

http://www.baileydaily.com/
Rank this Week: 1255

Austin Personal Injury Blog

Austin Personal Injury Blog

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

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

    Do Personal Injury Lawyers Make A Difference?

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

    Eagle Ford Shale and Trucking Accident

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

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie
    Austin’s annual Republic of Texas (ROT) Rally has come and gone, and again we’ve had too many motorcycle fatalities.   This year, three motorcyclists were killed during the weekend. In the first incident, a rider crashed into a…
Rank this Week: 1342

shlep: the Self-Help Law ExPress

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: 1380

Business Litigation Info

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/
Rank this Week: 1405

Texas Causes of Action Blawg

Texas Causes of Action Blawg

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

http://causeofactionelements.blogspot.com/
  • Jul 8

    Federal civil rights violations and statute of limitation

    Federal civil rights violations and statute of limitation
    What is the limitations period for Section 1983 and 1985 claims?  "Although there is no federal statute of limitations for civil rights violations alleged under [section] 1983, `courts construing [section] 1983 "borrow" the forum state's…
  • May 2

    Prevailing party status for attorney fee award purpose

    Prevailing party status for attorney fee award purpose
    WHEN IS A PARTY A PREVAILING PARTY SO AS TO BE ENTITLED TO HAVE THE OPPONENT PAY HIS OR HER ATTORNEY'S FEES UNDER STATUTE OR CONTRACT?  Under the American Rule, attorney's fees are recoverable only if authorized by statute or by…
  • May 1

    Rule 11 Agreement must be in writing and filed with the court

    Rule 11 Agreement must be in writing and filed with the court
    WHAT REQUIREMENTS DOES RULE 11 AGREEMENT HAVE TO SATISFY TO BE ENFORCEABLE? A Rule 11 agreement must be in writing and signed and filed with the court unless it is made in open court. See TEX.R.CIV.P. 11. The filing requirement creates the…
Rank this Week: 1430

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Sep 19

    Social media has not killed “the spiral of silence”

    Social media has not killed “the spiral of silence”
    We’ve blogged a fair amount on the impact of the internet and social networking on jurors but here is something unexpected. People that engage in social media are less likely to discuss heated topics in the news, not more likely. This…
  • Sep 17

    The Disgust Scale: How have we missed this all this time?

    The Disgust Scale: How have we missed this all this time?
    We’ve covered a lot of the disgust research so it is curious to us that somehow we missed sharing the actual Disgust Scale with you earlier. The Disgust Scale was developed by the infamous Jonathan Haidt (his surname is pronounced…
  • Sep 15

    “Smart people ask for (my) advice!”

    “Smart people ask for (my) advice!”
    We are often wary of asking for advice for fear of looking dumb or appearing incompetent. Oddly enough, our fears may be unfounded based on some new research out of Harvard Business School. According to the researchers, asking for advice does…
Rank this Week: 1449

Circuit Splits

Circuit Splits

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

http://www.circuitsplits.com/
  • Jun 6

    Parallel Review and Identifying Circuit Split

    Parallel Review and Identifying Circuit Split
    This post is part of a series exploring the ideas in an important new article by Professor Aaron-Andrew Bruhl (Univ. Houston), entitled Measuring Circuit Splits: A Cautionary Note. One important concept Bruhl explains is that of parallel…
  • Jun 6

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)
    Aaron-Andrew Bruhl (pictured), a professor at University of Houston Law Center, has an important new article on SSRN entitled Measuring Circuit Splits: A Cautionary Note. This article is, simply put, brilliant. It changed the way that I think…
  • May 13

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split
    Sometimes appellate advocates argue that the circuit court panel in their case should align with the decisions of one or two other circuits in order to avoid creating a circuit split. In one recent case, the lawyer stretched the argument too…
Rank this Week: 1469

Oregon Business Litigation

Oregon Business Litigation

Resource for in-house counsel, business executives, human resource managers and others who monitor litigation and legal issues affecting Oregon businesses. By Ater Wynne.

http://www.aterwynneblog.com/oregon_business_litigatio/
  • Jun 6

    Oregon Supreme Court recognizes law firm "in house" privilege

    Oregon Supreme Court recognizes law firm "in house" privilege
    The Oregon Supreme Court held last week that the attorney-client privilege applies to communications between a law firm's lawyers and the firm's in-house counsel. In Crimson Trace Corp. v. Davis Wright Tremaine LLP, plaintiff sued its lawyers…
  • May 27

    Angencies continue to attack restrictions on employee speech: Part 3 -- Lessons for employer

    Angencies continue to attack restrictions on employee speech: Part 3 -- Lessons for employer
    As discussed in our earlier posts (Part 1 and Part 2), the EEOC and NLRB have in recent years targeted employers who impose restrictions on employee speech and conduct that could chill employees' exercise of their rights under the NLRA...
  • May 25

    Agencies continue to attack restrictions on employee speech: Part 2 -- NLRB

    Agencies continue to attack restrictions on employee speech: Part 2 -- NLRB
    The EEOC’s recent lawsuits against employers described in Part 1 follow the NLRB’s similar attempts in recent years to rein in employer restrictions that could impact employee speech and other employment rights under federal labor…
Rank this Week: 1494

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: 1546

At Counsel Table

At Counsel Table

Covers the craft and business of the courtroom lawyer. By Alex Craigie.

http://atcounseltable.wordpress.com
  • Mar 9

    We’ve Relocated, Please Visit Our New Address.

    We’ve Relocated, Please Visit Our New Address.
    If you’re reading this, you’ve reached the old site for At Counsel Table. We’ll be closing this site shortly. You can still get the same reliable, high-quality, 100% irony-free, individually crafted blog posts at our new…
  • Feb 15

    My Newfound Obsession With Proce

    My Newfound Obsession With Proce
    As the launch date for my solo practice approaches, I find myself obsessed in a way I never was before in my law practice about the subject of process. I have developed the belief that my own practice is far more likely to be both successful…
  • Feb 15

    My Newfound Obsession With Proce

    My Newfound Obsession With Proce
    As the launch date for my solo practice approaches, I find myself obsessed in a way I never was before in my law practice about the subject of process. I have developed the belief that my own practice is far more likely to be both successful…
Rank this Week: 1605

Federal Criminal Lawyer Blog

Federal Criminal Lawyer Blog

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

http://www.georgiafederalcriminallawyerblog.com/
Rank this Week: 1614

The Trial Warrior Blog

The Trial Warrior Blog

Covers law and justice in Canada. By Antonin I. Pribetic.

http://thetrialwarrior.com/
  • Jan 29

    So Long, Farewell

    So Long, Farewell
    Following my initial reaction, I have had some more time to reflect on the recent decisions of the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 and  Bruno Appliance and Furniture,…
  • Jan 28

    2014 Canadian International Law Students Conference

    2014 Canadian International Law Students Conference
    I am privileged to be the keynote speaker at the upcoming  2014 Canadian International Law Students Conference, jointly presented by the International Law Society of University of Toronto Faculty of Law and Osgoode Hall Law…
  • Jan 23

    The Trial Warrior Blog, But Not Yours Truly, Gets Cited By An Ontario Court

    The Trial Warrior Blog, But Not Yours Truly, Gets Cited By An Ontario Court
    [15]           The plaintiffs rely on a document entitled The Trial Warrior Blog dated November 11, 2013 that discusses Kaynes v. BP, 2013 ONSC 5802 (CanLII), 2013 ONSC 5802…
Rank this Week: 1646

Litigation PostScript

Litigation PostScript

Provides information and practical tips on legal persuasion spanning pretrial and trial phases, for jury, bench and arbitration settings. By Persuasion Strategies.

http://www.litigationps.com/litigation_postscript_per/
  • Sep 18

    Treat This as Simple Truth: What's Simple Seems Like Truth

    Treat This as Simple Truth: What's Simple Seems Like Truth
    By Dr. Ken Broda-Bahm: Trial lawyers and consultants know how important it is to boil it down, and tend to agree with the three points famously made by Henry David Thoreau: "Simplify, simplify, simplify!" Our main reason for doing…
  • Sep 15

    Flip the Order of Your Adverse Witness Preparation

    Flip the Order of Your Adverse Witness Preparation
    By Dr. Ken Broda-Bahm: Let’s say that in trial, your witness will be called adverse and will go through the other side’s cross-examination before getting a chance at your direct.[1] But in your preparation sessions, you should still take…
  • Sep 11

    Get It in Writing: Seven Reasons for a Jury Questionnaire (And Three Things That Kill It's Usefulness)

    Get It in Writing: Seven Reasons for a Jury Questionnaire (And Three Things That Kill It's Usefulness)
    By Dr. Ken Broda-Bahm: A recent piece in The New York Times focuses on the increasing prevalence of longer questionnaires for those called in for jury duty. While such questionnaires tend to attract media attention in high-profile cases, the…
Rank this Week: 1761

Law Offices of Joseph C. Markowitz

Law Offices of Joseph C. Markowitz

Discusses civil procedure, trial practice, employment law and other issues.

http://www.jcmarkowitz.com/
  • Jun 12

    Tesla patent

    Tesla patent
    While not very impressive grammatically, the statement published today on Tesla's website that "all our patent are belong to you" might have some earthshaking consequences in the intellectual property world. Tesla has decided that in the…
  • Jun 5

    Employment Claims and the DFEH

    Employment Claims and the DFEH
    I heard a talk recently by Phyllis Cheng, the director of the California Department of Fair Employment and Housing ("DFEH"). Ms. Cheng walked through the process of resolving employment claims in the department. For cases not processed by…
  • Mar 25

    Penaltie

    Penaltie
    Another Court of Appeal opinion in California reaffirmed the rule that penalty provisions in settlement agreements are not enforceable. In a settlement agreement entered in Purcell v. Schweitzer, the plaintiff agreed to accept payments…
Rank this Week: 1789

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: 1830

Wines and Information Management…

Wines and Information Management (WIM)

In-house counsel blawg on e-disovery, the impact of IT on the law and vice versa, information/knowledge management and wines. By Dominic Jaar.

http://dominicjaar.blogspot.com/
Rank this Week: 1850

Long Term Disability Law Blog

Long Term Disability Law Blog

Covers long term disability advocacy, disability benefits and claimant tips. By Riemer & Associates LLC.

http://www.longtermdisabilitylawblog.com/
Rank this Week: 1854

Armillary Observations

Armillary Observations

Focuses on appellate law and military law.

http://hlime.wordpress.com
  • Mar 24

    Defense: Planet of Giant

    Defense: Planet of Giant
    Planet of Giants came out last September on DVD, allowing us to inaugurate the second season in proper fashion. This serial may seem a poor candidate for the defense, as its relative lack of action and plodding dialogue meant that ……
  • Mar 24

    Defense: Planet of Giant

    Defense: Planet of Giant
    Planet of Giants came out last September on DVD, allowing us to inaugurate the second season in proper fashion. This serial may seem a poor candidate for the defense, as its relative lack of action and plodding dialogue meant that even its…
  • Mar 23

    Prosecution: The Myth Maker

    Prosecution: The Myth Maker
    Hello again, Mithradates here, and back on the job, sans my erstwhile partner. While I catch up on old reviews, I am continuing forward from my last stopping point, and have decided to post my impressions while they are still ……
Rank this Week: 1884

Greedy Trial Lawyer

Greedy Trial Lawyer

The philosophical ruminations of an experienced trial lawyer who knows who he is and what he does and makes no apologies.

http://www.greedytriallawyer.com/
  • Sep 22

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  • Oct 3

    Justice Clarence Thomas, Seething Black Conservative Hero Tells Us How Bad It Has Been

    Justice Clarence Thomas, Seething Black Conservative Hero Tells Us How Bad It Has Been
    There have been more than a few voices expressing, in various ways, discomfort, surprise or puzzlement over the tone and substance of the Clarence Thomas media blitz publicizing the Justice's newly published book. A good example: Is…
  • Oct 2

    Now Isiah Thomas Is In A Hostile Environment

    Now Isiah Thomas Is In A Hostile Environment
    Some years ago I had the delightful experience of a jury note after 2 days of deliberation which asked the judge, "Do we fill out the amount of the damages if we agree the doctor was at fault?" Obviously, the doctor and his defense attorney…
Rank this Week: 1889

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: 1920