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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: 734

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: 762

Louisiana Law Blog

Louisiana Law Blog

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

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

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

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

    Fifth Circuit Recognizes Subrogation Lien In Jones Act Case

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

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

    Work Related Stress: It Comes With The Job for a Jones Act Seaman
    By Daniel B. Stanton In a recent decision, the Eleventh Circuit in Skye v. Maersk Line Limited, Corp., 751 F.3d 1262 (11th Cir. 2014), reveresed a district court ruling awarding damages to a Jones Act seaman for injuries stemming from…
Rank this Week: 775

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: 807

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/
  • Dec 12

    Zillow Sued Over Employment Practice

    Zillow Sued Over Employment Practice
    Online real estate company Zillow is the subject of several lawsuits that allege a hostile working environment. The latest was filed by former Zillow employee Jennifer Young, a 41 year-old single mother with two children. Young was employed…
  • Dec 4

    We are Always Looking for One or Two More Good Clients . . . Even When Business is Great

    We are Always Looking for One or Two More Good Clients . . . Even When Business is Great
    One of the questions I hear frequently is about whether we are accepting new clients. While the short answer is “Yes”, here is some additional information which many people find interesting. Our law firm, Sylvester Oppenheim…
  • Nov 25

    Happy Thanksgiving from Sylvester Oppenheim & Linde

    Happy Thanksgiving from Sylvester Oppenheim & Linde
    We at Sylvester Oppenheim & Linde would like to take a moment to wish our clients, family and friends (including our blog readers), a very joyous and happy Thanksgiving. Whether you are celebrating with a small gathering, or preparing…
Rank this Week: 817

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

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

    Interpreting Halliburton

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

    One Percent Responsible

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

    Omnicare Argued

    Omnicare Argued
    On Monday, the U.S. Supreme Court heard oral argument in the Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund case, which addresses the pleading standard for a claim under Section 11 of the…
Rank this Week: 905

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: 951

eDiscovery Daily Blog

eDiscovery Daily Blog

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

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

    December Case Law Pop Quiz Answers! - eDiscovery Case Law

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

    December Case Law Pop Quiz! - eDiscovery Case Law

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

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

    Image Isn't Everything, Court Says, Denying Plaintiff's Request for Imaging on Defendant's Hard Drives - eDiscovery Case Law
    In Design Basics, LLC. v. Carhart Lumber Co., Nebraska Magistrate Judge Cheryl R. Zwart, after an extensive hearing on the plaintiff's motion to compel “full disk imaging of Defendant's hard drives, including Defendant's POS server,…
Rank this Week: 973

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/
  • Dec 10

    Statutory Deadline For Notice Of Appeal Trumps Supreme Court Rule

    Statutory Deadline For Notice Of Appeal Trumps Supreme Court Rule
    Which deadline for filing a Notice of Appeal applies when the supreme court rules differ from the General Assembly’s statute? And what happens to the appeal when the Notice of Appeal meets the General Assembly’s deadline but not…
  • Dec 4

    Illinois Supreme Court Can’t Decide Chicago Red-Light Camera Case

    Illinois Supreme Court Can’t Decide Chicago Red-Light Camera Case
    The Illinois Supreme Court’s single-paragraph opinion in Keating v. City of Chicago, 2014 IL 116054 (11/20/14), is remarkable because the court was unable to render a decision. The case involved the validity of Chicago’s red-light…
  • Dec 2

    Mailing Label Fails To Establish Appellate Jurisdiction

    Mailing Label Fails To Establish Appellate Jurisdiction
    William Huber filed a lawsuit to dissolve the American Accounting Association. The Association asked the trial court to dismiss the lawsuit, which it did. Huber appealed. He mailed his Notice of Appeal to the court, but it arrived two days…
Rank this Week: 982

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

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

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

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

    Not Everybody Needs A Trust

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

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don’t really have a good explanation for this. I usually ask at this point which…
Rank this Week: 1005

Juries

Juries

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

http://juries.blogspot.com/
  • Oct 9

    Consultation Paper on Jury Empanelment in Victoria, Australia

    Consultation Paper on Jury Empanelment in Victoria, Australia
    The Victoria Law Commission has finalized its report on juror empanelment.  The report, which is available here, examines the following three areas Peremptory challenges and the Crown's right to stand aside Calling of the panel…
  • Oct 8

    Warger v. Shauers Oral Argument

    Warger v. Shauers Oral Argument
    Today, the United States Supreme Court will hear oral argument in Warger v. Shauers.Sheila Birnbaum will be arguing for respondent (Randy D. Shauers).Sarah E. Harrington who represents the solicitor general's office will also be arguing for…
  • Oct 7

    Jury Voting Paradoxe

    Jury Voting Paradoxe
    Jason IulianoAbstract (to read the entire article go here)The special verdict is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox. Although widely discussed in the philosophical literature, these…
Rank this Week: 1008

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: 1021

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://www.constructionlitigationlawblog.com/
Rank this Week: 1024

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
  • Nov 25

    Don’t lightly assume that you’ve extended your time to appeal with a post-trial motion

    Don’t lightly assume that you’ve extended your time to appeal with a post-trial motion
    The parties in your case have stipulated to have their case tried before a temporary judge (pursuant to Cal. Const., art. VI, § 21) and filed all trial-related papers (trial briefs, closing briefs, and requests for statement of decision)…
  • Nov 18

    New blog to cover California Supreme Court

    New blog to cover California Supreme Court
    I received an invitation yesterday afternoon to attend a reception to celebrate the launch of a new blog “focused on providing substantive coverage of issues concerning the Supreme Court of California,” and billed as a joint…
  • Nov 3

    What can Ernest Hemingway teach you about legal writing?

    What can Ernest Hemingway teach you about legal writing?
    In a Wall Street Journal article last month, “Why Adverbs, Maligned by Many, Flourish in the American Legal System,” Ernest Hemingway is cited twice as an example of an effective writer who eschewed adverbs. This colorful…
Rank this Week: 1028

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 1035

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Dec 16

    Justice Department Leaves Misbranding Case After Trial Victory

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

    Apple Notches Victory on iPod Antitrust Case

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

    Sandy Hook Families Gun Filing Suit Against Gun Maker

    Sandy Hook Families Gun Filing Suit Against Gun Maker
    Several families of victims who died and a lone survivor from Sandy Hook Elementary recently filed a wrongful-death lawsuit against a gun maker of the rifle that was used in the massacre. It was a couple years back when Adam Lanza murdered 20…
Rank this Week: 1068

e-Lessons Learned

e-Lessons Learned

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

http://ellblog.com
  • Dec 3

    Proportionality Applies to International Trade Disputes As Well

    Proportionality Applies to International Trade Disputes As Well
    In Timken Co. v. U.S., the plaintiff (“Timken” or “Plaintiff”) challenged the decision of the Department of Commerce, International Trade Administration (“Commerce”), denying Plaintiff access to computer…
  • Dec 1

    Throwback to 1986: Court of International Trade Gets Discovery Rules Right

    Throwback to 1986: Court of International Trade Gets Discovery Rules Right
    It seems that courts were ruling on the intersection of new technology and discovery practice back in the day. In 1986, the United States Court of International Trade decided motions to compel discovery regarding new technologies in Daewoo…
  • Nov 28

    Mutual Motions to Compel

    Mutual Motions to Compel
    “Although not unlimited, relevance, for purposes of discovery, is an extremely broad concept.” See Condit v. Dunne, 225 F.R.D. 100, 105 (S.D.N.Y. 2004). The discovery process is essentially a fact-finding mission. In theory,…
Rank this Week: 1073

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: 1078

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

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

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

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

    Why a Plaintiff in Personal Injury Litigation May Need Lawsuit Funding

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

    Financial Assistance to Help You Claim Your Right

    Financial Assistance to Help You Claim Your Right
    While negligence can be due to a defective product, medical malpractice, slip and fall accident, or dangerous products, the most common cause is an auto accident. When a personal injury occurs, the first step is to seek medical attention.…
Rank this Week: 1079

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Dec 17

    Slip of the tongue

    Slip of the tongue
    Some of the more interesting reading in court judgments comes in the exchanges with the judge that sometimes end up being included in the transcript after the formal judgment has been given. I mentioned the case of Connor v Birmingham…
  • Dec 16

    Relief from sanctions application

    Relief from sanctions application
    Carrying on with my tidy up, I came across a copy of the judgment of His Honour Judge Hamilton in Connor v Birmingham City Council (16 March 2005). This concerned a case where a claimant had given notice that a … Continue reading…
  • Dec 15

    Callery v Gray revisited

    Callery v Gray revisited
    I’ve been having a bit of a tidy up and came across a copy of the original appeal judgment in Chester County Court in Callery v Gray. The Callery v Gray litigation was ultimately viewed as a large success for … Continue reading…
Rank this Week: 1080

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/
  • Dec 8

    Fox Rothschild Obtains Complete Dismissal Of Federal Trade Secret Theft Case

    Fox Rothschild Obtains Complete Dismissal Of Federal Trade Secret Theft Case
    Alain Leibman: On Friday, December 5th, the Department of Justice finally surrendered in a multi-defendant trade secret case being prosecuted in the Southern District of Indiana on behalf of complainant Eli Lilly and Company. (United States…
  • Oct 20

    Alain Leibman’s Law360 Article About Justice Department’s Partial Retreat On Appeal Waiver

    Alain Leibman’s Law360 Article About Justice Department’s Partial Retreat On Appeal Waiver
    Alain Leibman writes: We recently blogged here  and here about the DOJ’s blatant and increasingly harsh use of leverage against pleading defendants to force their waiver of important rights attendant to the sentencing and…
  • Sep 29

    Federal Prosecutors May No Longer Be Able To Demand Blanket Appeal Waiver

    Federal Prosecutors May No Longer Be Able To Demand Blanket Appeal Waiver
    Alain Leibman writes: Two weeks ago we posted here about a recent, fairly awful Third Circuit decision, United States v. Erwin, upholding boilerplate waiver-of-appeal clauses to the point of punishing a wayward appellant — who took…
Rank this Week: 1091

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: 1095

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: 1115

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: 1217

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: 1241

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: 1265

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: 1335

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: 1395

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Dec 17

    Same sex marriage is okay but please, no PDA!

    Same sex marriage is okay but please, no PDA!
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita We’ve blogged a…
  • Dec 15

    Are you a murdered white female? Here is some small comfort!

    Are you a murdered white female? Here is some small comfort!
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita If you are a murdered…
  • Dec 12

    Simple Jury Persuasion: Gender and message delivery and framing

    Simple Jury Persuasion: Gender and message delivery and framing
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita Trial lawyers (and others…
Rank this Week: 1419

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/
  • Dec 17

    December 2014 FI&C Website Newsletter

    December 2014 FI&C Website Newsletter
    *  FIC is proud to announce that several of its attorneys have been honored once again as Ohio Super Lawyers. *  A federal magistrate judge entered a final report and recommendation granting FIC’s motion for summary judgment…
  • Dec 9

    Friends with Judges – Navigating the Ethical Minefield of Online Networking Between the Bench and Bar

    Friends with Judges – Navigating the Ethical Minefield of Online Networking Between the Bench and Bar
    I recently published an article in the American Bar Association’s TYL publication regarding the ethical implications of connecting with judges on social media – Hypothetically Speaking . . . What if I’m Friends with a Judge…
  • Dec 4

    WHEN CAN VOLUNTEERS BE CONSIDERED EMPLOYEES? SIXTH CIRCUIT CLARIFIES

    WHEN CAN VOLUNTEERS BE CONSIDERED EMPLOYEES? SIXTH CIRCUIT CLARIFIES
    After the Sixth Circuit held that a Plaintiff need not make a threshold showing that they were compensated to make a prima facie showing that he is an employee for purposes of Title VII of the Civil Rights Act of 1964 (“Title…
Rank this Week: 1421

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/
  • Dec 6

    Texas Construction Fund Act

    Texas Construction Fund Act
    THE TEXAS CONSTRUCTION FUND ACT   The Texas Construction Fund Act is found in chapter 162 of the Texas Property Code. See TEX. PROP. CODE ANN. §§ 162.001-.033 (West, Westlaw through 2013 3d C.S.). This act "imposes fiduciary…
  • Nov 30

    What is a gift, legally speaking

    What is a gift, legally speaking
    CLAIM THAT TRANSFERRED PROPERTY WAS A GIFT: ELEMENTS OF PROOF     “A gift is a transfer of property made voluntarily and gratuitously, without consideration.” In re Marriage of Skarda, 345 S.W.3d 665, 671 (Tex.…
  • Nov 24

    Does failure to keep promise provide basis for fraud cause of action, or is it simply a breach of contract?

    Does failure to keep promise provide basis for fraud cause of action, or is it simply a breach of contract?
    It depends on whether there was intent not to perform (or no intent to ever perform) at the time the promise was made, but that may be hard to prove. Evidence of partial performance may disprove such intent. Additionally, not every promise…
Rank this Week: 1430

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: 1479

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/
  • Dec 16

    Oregon Supreme Court refines the "same nine" rule for jury verdict

    Oregon Supreme Court refines the "same nine" rule for jury verdict
    The Oregon Constitution and Oregon Rule of Civil Procedure 59G(2) both state that "in civil cases three-fourths of the jury may render a verdict." The "same nine" rule requires that, if the questions presented to a jury are interdependent…
  • Oct 9

    Oregon Supreme Court on statutory immunity of LLC members and manager

    Oregon Supreme Court on statutory immunity of LLC members and manager
    Members and managers of a limited liability company are shielded from vicarious liability for the LLC's torts, but can be held personally liable if they either knew of the tortious acts or participated in them. That was the conclusion of...
  • Oct 8

    Oregon Court of Appeals recognizes the inconvenient-forum doctrine

    Oregon Court of Appeals recognizes the inconvenient-forum doctrine
    Addressing an issue of first impression, the Oregon Court of Appeals today held that the inconvenient-forum doctrine, or forum non conveniens, is available as a basis to dismiss a lawsuit in state court. In Espinoza v. Evergreen Helicopters,…
Rank this Week: 1505

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • Dec 9

    Celebrating Chief Justice Woodie Jone

    Celebrating Chief Justice Woodie Jone
    The Austin Bar Association Civil Appellate Law Section, along with several law-firm sponsors (including Smith Law Group, P.C.), is hosting a retirement reception for Third Court of Appeals Chief Justice Woodie Jones on Thursday, December…
  • Nov 5

    2014 Election Results, Texas Appellate Edition

    2014 Election Results, Texas Appellate Edition
    Republicans continued their dominance of statewide judicial races in yesterday’s election, with Chief Justice Nathan Hecht and Justices Jeff Brown, Jeff Boyd, and Phil Johnson winning new six-year terms on the Texas Supreme…
  • Oct 23

    Texas Appellate Courts Get a Major Website Upgrade

    Texas Appellate Courts Get a Major Website Upgrade
    If you’ve received CaseMail updates this week, you’ve likely noticed something new when clicking on the link embedded in your notification emails. Last Friday, the Texas appellate courts got a major online upgrade with the…
Rank this Week: 1560

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: 1608

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: 1623

The Trial Warrior Blog

The Trial Warrior Blog

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

http://thetrialwarrior.com/
  • Dec 8

    Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction

    Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction
    If you’re an Ontario litigator and thought suing your client for fees in Small Claims Court based upon a written retainer agreement was an option, then take a read of Justice Nordheimer’s decision in Jane Conte Professional…
  • 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…
Rank this Week: 1641

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/
  • Dec 18

    Convince Jurors That the Ends Don’t Always Justify the Mean

    Convince Jurors That the Ends Don’t Always Justify the Mean
    By Dr. Ken Broda-Bahm: If the release of the Senate Intelligence Committee's report on the CIA's detention and interrogation methods following the September 11th attacks wasn't depressing enough, the follow-up polling is sure to put an…
  • Dec 15

    Don't Confuse Certainty with Accuracy when It Comes to Witness Testimony

    Don't Confuse Certainty with Accuracy when It Comes to Witness Testimony
    By Dr. Ken Broda-Bahm: Chants of "Hands Up, Don't Shoot" and "I Can't Breathe," continue to be heard at protests around the country. Motivated by the Ferguson, Missouri police shooting of Michael Brown, as well as the…
  • Dec 11

    Beware the Boomerang of Normalized Bia

    Beware the Boomerang of Normalized Bia
    By Dr. Ken Broda-Bahm: You join a research study, and after being randomly assigned to one of two groups, you hear a message focused on how common stereotypes are (the other group hears instead how rare stereotypes are). Then you, along with…
Rank this Week: 1770

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: 1784

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/
  • Nov 23

    Trial

    Trial
    The vast majority--far more that 90%--of civil cases are never going to trial. They are mostly going to be resolved by default, or by motion, or by negotiated settlement. And if by settlement, that will happen between the parties themselves…
  • 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…
Rank this Week: 1806

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: 1820

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: 1860

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: 1887

Dispute Resolution in Germany

Dispute Resolution in Germany

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

http://www.disputeresolutiongermany.com/
  • Dec 9

    Human Rights Day 2014 – Write For Right

    Human Rights Day 2014 – Write For Right
    Tomorrow is Human Rights Day. On December 10, 1948 the United Nations General Assembly adopted the Universal Declaration of Human Rights.  “Write a letter, change a life” , amnesty international’s…
  • Oct 14

    Art Law: German “Centre for Lost Cultural Objects” To Be Established

    Art Law: German “Centre for Lost Cultural Objects” To Be Established
    Thanks to the Gurlitt saga, which we have covered extensively here, lost art and how to deal with it all of a sudden became a hotly debated subject, and triggered frantic activities on various levels. For example, Bavaria came forward…
  • Oct 13

    European Union: Progress on the Choice of Court Convention

    European Union: Progress on the Choice of Court Convention
    The headline of Friday’s press release was a bit too much, for my taste: “Choice of Court Convention: EU businesses receive a major boost for international trade”, the EU Commission claimed. EU Justice Commissioner Martine…
Rank this Week: 1929

Johnson & Hunter, Inc.

Johnson & Hunter, Inc.

Teaches advocacy and persuasion for trial lawyers and public speaking to corporate lawyers.

http://www.johnson-hunter.com/blog/
  • Nov 4

    Duty, Honor, Country: Jo Ann Harri

    Duty, Honor, Country: Jo Ann Harri
    One of my heroes is gone. Jo Ann Harris, tenacious prosecutor for the Department of Justice and NITA teacher extraordinaire, died of lung cancer last week in New York. She had been ill for two years, but when Brian Johnson and I…
  • Oct 27

    OnRamp Fellowship Opportunity for Women Re-entering the Legal Profession

    OnRamp Fellowship Opportunity for Women Re-entering the Legal Profession
    Our colleague and friend Caren Ulrich Stacy has announced that her OnRamp Fellowship program is now accepting applications.The  goal of this program is replenishing the pipeline of experienced women lawyers in law firms. The Fellowship…
  • Oct 3

    Helping Your Witnesses Speak with Confidence

    Helping Your Witnesses Speak with Confidence
    by Brian K. Johnson and Marsha Hunter Direct examination is pivotal to the outcome of your trial. Your client’s story unfolds on direct, under your orchestration. The substance of their answers, the relationship they develop with…
Rank this Week: 1959