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

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/

May 16
"Historic" Verdict In EEOC v. Hill Country Farms Reduced To $1.6 Million But Litigation Continues As EEOC Seeks Injunctive Relief Against Defunct Company

"Historic" Verdict In EEOC v. Hill Country Farms Reduced To $1.6 Million But Litigation Continues As EEOC Seeks Injunctive Relief Against Defunct Company

By Christopher DeGroff, Reema Kapur, and Gerald L. Maatman, Jr. We previously reported that the United States Equal Employment Opportunity Commission (EEOC) secured a verdict of $240 million in its lawsuit against Hill Country Farms last…
May 15
Second Circuit Pronounces New View Of The Importance Of Statistical Evidence In Firefighter Hiring Litigation In United States and The Vulcan Society, Inc., et al. v. City Of New York, et al.

Second Circuit Pronounces New View Of The Importance Of Statistical Evidence In Firefighter Hiring Litigation In United States and The Vulcan Society, Inc., et al. v. City Of New York, et al.

By Rebecca Bjork and Gerald L. Maatman, Jr. Employers who face Title VII discrimination lawsuits in the Second Circuit now have some pretty explicit guidance on how to rebut a plaintiff’s attempt to state a prima facie case of pattern…
May 6
Court Dismisses Text-Messaging Class Action Against Lakers At The Pleading Stage

Court Dismisses Text-Messaging Class Action Against Lakers At The Pleading Stage

By Gerald L. Maatman, Jr. and Jennifer A. Riley On April 18, 2013, Judge George H. Wu of the U.S. District Court for the Central District of California dismissed potentially costly class action claims against the Los Angeles Lakers in Emanuel…

Rank this Week: 810

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/

May 15
CSC names new CCS Director

CSC names new CCS Director

Or, in English, the California Supreme Court has named a new Capital Central Staff Director: Congrats to Steven Rosenberg. Press release here. Before becoming a lawyer, he served as ...a law enforcement ranger for the National Park…
May 15
No more video arguments in 4/3

No more video arguments in 4/3

Today's the day that 4/3 ends its video oral argument program. Most practitioners agree that oral argument by video isn't as effective as a live appearance anyway. Even so, no one likes to see notices like this: "Due to budget constraints,…
May 14
9th Circuit Opinions Chart & More

9th Circuit Opinions Chart & More

Yesterday's Recorder has a fascinating article At Ninth Circuit, Moderates Do The Talking accompanied by a revealing chart ranking Ninth Circuit judges by majority opinions and providing related data. Do not miss this! Yesterday's…

Rank this Week: 832

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/

May 16
The Verdict Is in: Human Translation Still Far Superior to Machine Translation

The Verdict Is in: Human Translation Still Far Superior to Machine Translation

We've compared professional document translation services by professional human translators with the process of challenging computer generated foreign language translations. Machine translation first came into being during the Second World…
May 14
Legal Translation and International Arbitration in France

Legal Translation and International Arbitration in France

Professional French to English legal translations and English to French legal translation services play an important role in international arbitration in France. In 2011 France adopted a new law on arbitration (Articles 1142 - 1527 of the…
May 13
Legal Translation, International Litigation and Attorney Ethics: Focus on Germany

Legal Translation, International Litigation and Attorney Ethics: Focus on Germany

Professional German to English legal translations and English to German legal translation services play an important role in international litigation. As the legal profession continues to become more and more global, many attorneys will find…

Rank this Week: 849

Asset Search Blog

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

http://www.assetsearchblog.com/

Apr 20
Asset Search News Roundup: April 20, 2013

Asset Search News Roundup: April 20, 2013

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

Swiss Banks, Smuggling & Other Asset Recovery Issue

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

Receiver Says To Associated Bank, Show Me The Money

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

Rank this Week: 859

The Briefcase

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

http://briefcase8.com

Jan 8
Case Update – Appellate Edition

Case Update – Appellate Edition

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

Case Update – Supreme Court edition

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

An “ordinary” death

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

Rank this Week: 878

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/

May 17
Shrug, Concur, and Move On

Shrug, Concur, and Move On

In a famous market manipulation that lead to multiple criminal convictions, the A.R. Baron brokerage engaged in a pump-and-dump scheme to induce customers to purchase the securities of small companies at artificially inflated prices. Among…
May 10
What Next?

What Next?

Based on the Supreme Court's recent decisions, a plaintiff is not required to prove the existence of loss causation (Halliburton) or materiality (Amgen) to certify an investor class. In the Halliburton case, however, the defendants pursued a…
Apr 26
Cornerstone Report On Accounting Case

Cornerstone Report On Accounting Case

Cornerstone Research has issued a study of 2012 securities class actions involving accounting allegations. The notable findings include: (1) The number of accounting filings fell from 78 in 2011 to 45 in 2012. Two factors that contributed to…

Rank this Week: 928

PSW Law Blog

Covers civil litigation, family law and contracts. By Pei-Shing Wang.

http://pswlaw.ca/blog/

May 15
Collaborative Family Law Series: The Role of The Mental Health and Communications Professional

Collaborative Family Law Series: The Role of The Mental Health and Communications Professional

In this latest installment of the series, we take a look at the role of mental health and communications professions. The mental health and communications professionals are not necessarily a psychologist or a psychiatrist. Often, they are…
May 9
AdvocateDaily.com Published: Final Report Suggests Mentality Change Needed

AdvocateDaily.com Published: Final Report Suggests Mentality Change Needed
May 6
Final Report of the Family Justice Working Group: Mentality Change Needed

Final Report of the Family Justice Working Group: Mentality Change Needed

The final report of the family justice working group, commissioned by the the Chief Justice of the Supreme Court of Canada was published last month. The report noted that there have been much discussions and proposals on family law justice in…

Rank this Week: 953

e-discovery 2.0

Covers electronic discovery. By Aaref Hilaly.

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

May 15
Defensible Deletion and The A-Team: I Love It When An Information Governance Plan Comes Together

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

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

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

Apple obtained a narrow discovery victory yesterday in its long running legal battle against fellow technology titan Samsung. In Apple Inc. v. Samsung Electronics Co. Ltd, the court ordered non-party Google to turn over the search terms and…
May 3
ADR Offers Unique Solutions to Address Common eDiscovery Challenge

ADR Offers Unique Solutions to Address Common eDiscovery Challenge

Much of the writing in the eDiscovery community focuses on the consequences of a party failing to adequately accomplish one of the nine boxes of the Electronic Discovery Reference Model. Breaking news posts frequently report on how spoliation…

Rank this Week: 955

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/

Apr 13
New Edition of The Appeals Attorney

New Edition of The Appeals Attorney

"The Appeals Attorneys" is a publication from my firm's Appellate Advocacy Group. It includes summaries of cases that will be heard by the high courts in Connecticut, New Jersey, New York, and Pennsylvania. For New York, this edition includes…
Apr 10
Governor Cuomo Nominates Justice Sheila Abdus-Salaam to the New York Court of Appeal

Governor Cuomo Nominates Justice Sheila Abdus-Salaam to the New York Court of Appeal

I'm posting about a story that broke last Friday, but better late than never. Governor Cuomo nominated Justice Sheila Abdus-Salaam to the New York Court of Appeals on Friday, April 5, 2013 to fill the seat previously held by the...
Apr 9
The New York Court of Appeals Grants Leave Concerning The Proper Analysis for Causation As To a Negligence Claim of Failing to Procure Sufficient Policy Limits for Business Interruption Coverage

The New York Court of Appeals Grants Leave Concerning The Proper Analysis for Causation As To a Negligence Claim of Failing to Procure Sufficient Policy Limits for Business Interruption Coverage

The Court of Appeals' granted leave to appeal in Voss v The Netherlands Ins. Co., 98 AD3d 1325 (4th Dept. 2012) (Motion for leave to appeal granted on Feb. 14, 2013). Here is a summary of the matter concerning business...

Rank this Week: 972

Illinois Appellate Lawyer Blog

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

http://www.illinoisappellatelawyerblog.com/

Apr 11
Posner On Effective Appellate Brief

Posner On Effective Appellate Brief

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

Appellate Court Refuses Jurisdiction Over Order Quashing Lis Penden

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

Can't Reverse Hormones -- Flirting Appellate Lawyer

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

Rank this Week: 976

Mark Wahlstrom's Settlement…

Mark Wahlstrom's Settlement Channel Blog

Offers news, commentary and educational content for settlement and legal professionals By Mark Wahlstrom.

http://www.thesettlementchannel.com/

Nov 13
Symetra Life Insurance exits the structured settlement market

Symetra Life Insurance exits the structured settlement market

Well, I've been predicting for the better part of a year that the structured settlement market would see at least one, and possibly two, life markets head for the exit and yesterday the second shoe dropped, with Symetra following Hartford…
Jul 27
W.H.O. diesel fumes study confirms cancer risk, the next big wave of lawsuits on the horizon?

W.H.O. diesel fumes study confirms cancer risk, the next big wave of lawsuits on the horizon?

? W.H.O. diesel fumes study confirms cancer risk...Attorney Rick Kuykendall Miami, Alabama from Sequence Media on Vimeo.
Jul 20
Allstate structured divorce settlements, tax implications and strategic usee

Allstate structured divorce settlements, tax implications and strategic usee

Sure it's an arcane topic and a very niche product, but Allstate Financial continued its legacy of product innovation in structured settlements by rolling out in greater detail it's structured divorce annuity product. At first blush most…

Rank this Week: 983

Class Action Blog

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

http://classactionblog.mdpcelaw.com/

Apr 5
Supple Joint Drinks Cannot Rebuild Your Cartilage

Supple Joint Drinks Cannot Rebuild Your Cartilage

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

Delivery Drivers Must Be Reimbursed

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

Transvaginal Surgical Mesh

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

Rank this Week: 987

Construction Litigation Law Blog

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

http://blog.njeifs.com/

Nov 12
Recovering Damages Under the Statute of Repose

Recovering Damages Under the Statute of Repose

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

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

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

How Transition Affects the Statute of Limitations Analysi

Rank this Week: 1000

Ontario Rules of Civil Procedure…

Ontario Rules of Civil Procedure Blog

Covers how the new Ontario Rules of Civil Procedure are being interpreted and applied in recent cases. By Fraser Milner Casgrain LLP.

Nov 24
George Weston Limited v. Domtar Inc.; 1318214 Ontario Limited v. Sobeys Capital Incorporated, 2012 ONSC 5001, (S.C.J.) (Rule 20 – summary judgment)

George Weston Limited v. Domtar Inc.; 1318214 Ontario Limited v. Sobeys Capital Incorporated, 2012 ONSC 5001, (S.C.J.) (Rule 20 – summary judgment)

Judgment Released: September 3, 2012 Link to Judgment Following the Ontario Court of Appeal’s decision in Combined Air Mechanical Services Inc. (summarized on this Blog), in two separate cases, the Court dealt with a motion to strike a…
Nov 24
Precious Metal Capital Corp. v. Smith, 2012 ONCA 298 (Rule 20 – summary judgment)

Precious Metal Capital Corp. v. Smith, 2012 ONCA 298 (Rule 20 – summary judgment)

Judgment Released: May 8, 2012 Link to Judgment The Ontario Court of Appeal dealt with an appeal where summary judgment had been granted by the Court below, prior to the release of Combined Air. The OCA noted that the Court in Combined…
Nov 24
2186080 Ontario Inc. v. 1009558 Ontario Limited, 2012 ONSC 2593 (Div. Ct.) (Rule 1.04 – proportionality)

2186080 Ontario Inc. v. 1009558 Ontario Limited, 2012 ONSC 2593 (Div. Ct.) (Rule 1.04 – proportionality)

Judgment Released: April 30, 2012 Link to Judgment The Divisional Court denied leave to appeal the decision of a Superior Court decision where the Judge denied a motion for a further and better affidavit of documents. The Superior Court…

Rank this Week: 1002

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: 1022

ABA Litigation Podcast: Tips &…

ABA Litigation Podcast: Tips & Tactics for the Practicing Trial Lawyer

The Litigation Podcast delivers practical tips and tactics for all phases of trial â€" from pretrial case development to appellate argument. Brought to you by the Section of Litigation of the American Bar Association.

http://www.americanbar.org/groups/litigation/resources/section_audio.html

Jan 10
Spoliation of Electronic Evidence: A Judicial Boiling Point?

Spoliation of Electronic Evidence: A Judicial Boiling Point?

As the pace of technological development has accelerated, the legal profession has struggled to keep up. How does new technology affect discovery obligations?
Nov 28
Curb Your Enthusiasm: The Ethical Bounds of Zealous Advocacy

Curb Your Enthusiasm: The Ethical Bounds of Zealous Advocacy

Some lawyers have tried to play the "zealous advocacy" card to escape the consequences of their misbehavior.
Oct 30
Brand Enforcement on Social Networking Site

Brand Enforcement on Social Networking Site

In today's Web 2.0 world, businesses have inexpensive and far-reaching mechanisms through which to promote their brands and advertise their goods and services.

Rank this Week: 1026

The California Blog of Appeal

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

http://www.calblogofappeal.com

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

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

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

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

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

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

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

Rank this Week: 1077

e-Lessons Learned

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

http://ellblog.com

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

When deactivating your Facebook account becomes the intentional destruction of evidence

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

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

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

Privileged Communications Have to Actually be Privileged to be Immune

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

Rank this Week: 1081

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/

May 9
How Does Litigation Funding Benefit Plaintiffs?

How Does Litigation Funding Benefit Plaintiffs?

Litigation funding, a non-recourse cash advance, can help you pay the onslaught of bills and stay financially afloat during a pending lawsuit. It took five long years to settle a medical malpractice lawsuit resulting from a child being…
May 9
Medical Malpractice Claims are Complex. Lawsuit Funding is Not!

Medical Malpractice Claims are Complex. Lawsuit Funding is Not!

Medical malpractice is an all-too-common occurrence. Many people suffer as a result of medical malpractice or negligence – misdiagnosis, wrong site surgery, medication error, and more – every day. Such errors can lead to serious…
May 7
Lawsuit Financial Addresses Financial Needs with Pre-Settlement Funding

Lawsuit Financial Addresses Financial Needs with Pre-Settlement Funding

If you have been plaintiff in a personal injury case, you may know how difficult it can be to pay the bills. If your ability to work is hindered by injuries, you may have found yourself unable to support your family. Did you know there is a…

Rank this Week: 1108

ClassActionBlawg.com

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

http://classactionblawg.com

May 14
Class Action CLE Recap – Insights on the 2012-13 Supreme Court Term from the Bench and Both Sides of the Bar

Class Action CLE Recap – Insights on the 2012-13 Supreme Court Term from the Bench and Both Sides of the Bar

The Class Actions, Mass Torts and Derivative Suits Subcommittee of the Colorado Bar Association, now ably chaired by my BakerHostetler partner, Casie Collignon, held its first CLE luncheon of the year this past…
May 10
Where’s Your Class Action Insurance Policy?

Where’s Your Class Action Insurance Policy?

An article posted by my colleagues Judy Selby and Zack Rosenberg in the BakerHostetler Class Action Lawsuit Defense Blog raises some important issues for any company that could find itself the target of a class action lawsuit. With the…
Apr 24
Will Recent Supreme Court Decision “Clap Off” the Lights on Data Breach Class Actions?

Will Recent Supreme Court Decision “Clap Off” the Lights on Data Breach Class Actions?

Data breach cases are popular targets for class actions these days because a single incident of hacking or theft can expose the sensitive personal or financial information of millions of people at a time. …

Rank this Week: 1111

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/

May 17
Defendant Compelled by Court to Produce Metadata – eDiscovery Case Law

Defendant Compelled by Court to Produce Metadata – eDiscovery Case Law

In AtHome Care, Inc. v. The Evangelical Lutheran Good Samaritan Society, Idaho District Judge B. Lynn Winmill granted the plaintiff’s motion to compel documents, ordering the defendant to identify and produce metadata for the documents…
May 16
Version 1 of the EDRM Enron Data Set NOW AVAILABLE – eDiscovery Trend

Version 1 of the EDRM Enron Data Set NOW AVAILABLE – eDiscovery Trend

Last week, we reported from the Annual Meeting for the Electronic Discovery Reference Model (EDRM) group and discussed some significant efforts and accomplishments by each of the project teams within EDRM. That included an update from the…
May 15
Litigation 101 for eDiscovery Tech Professionals: Class Action Lawsuit

Litigation 101 for eDiscovery Tech Professionals: Class Action Lawsuit

In the last two posts in this series, I told you a bit about alternatives to litigation. And that followed discussion of the litigation process, through the post-trial appeals process. We’re not done yet, though. When I discuss the…

Rank this Week: 1113

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: 1125

Juries

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

http://juries.blogspot.com/

May 17
Prosecutors Want to Run Background Checks on Juror

Prosecutors Want to Run Background Checks on Juror

Prosecutors in the Whitey Bulger trial recently requested that they be permitted to run criminal background checks on prospective jurors. Not surprisingly, Bulger's attorneys are opposing the government's request. …
May 15
MD Judge Prohibits Attorney from Researching Jurors Online

MD Judge Prohibits Attorney from Researching Jurors Online

According to the news story below, a judge in Montgomery County, Maryland has denied a defense attorney's request to research jurors online. Apparently, the judge finds the practice "totally inappropriate." The case in which the…
May 13
The Dual Face of the American Jury: New Law Review Comment

The Dual Face of the American Jury: New Law Review Comment

Stacey P. Eilbaum, The Dual Face of the American Jury: The Antiauthoritarian and Antimajoritarian Hero and Villain in American Law and Legal Scholarship, 98 Cornell L. Rev. 711 (2013).Introduction: Over the past fifty years, the Supreme Court…

Rank this Week: 1126

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/

May 17
Defendant Bears Burden Of Proving Conspiracy Withdrawal Even When Withdrawal Date Implicates Statute Of Limitations Defense On Which Government Normally Bears Burden

Defendant Bears Burden Of Proving Conspiracy Withdrawal Even When Withdrawal Date Implicates Statute Of Limitations Defense On Which Government Normally Bears Burden

Alain Leibman writes: In a recent case, United States v. Smith, 133 S. Ct. 714 (2013), the Supreme Court had occasion to examine the conspiracy withdrawal defense and to reconsider whether it is the defendant or the government that carries…
May 16
State Court Order Restraining Use of Bank Account Proceeds Admissible In Bank Fraud Prosecution To Establish Knowledge And Intent

State Court Order Restraining Use of Bank Account Proceeds Admissible In Bank Fraud Prosecution To Establish Knowledge And Intent

As discussed here previously, prosecutors always look to introduce evidence of pleadings or orders entered in related civil litigation to achieve a variety of purposes in the present criminal case. Ostensibly, the civil matters are offered…
Mar 12
After Madoff: Should Charities and Their Officers Become More Wary About Who Signs Their IRS Forms 990? - Installment 88

After Madoff: Should Charities and Their Officers Become More Wary About Who Signs Their IRS Forms 990? - Installment 88

Michael J. Kline writes: This blog series has often used Forms 990 and Forms 990-PF filed with the Internal Revenue Service (“IRS”) by public charities and private foundations, respectively, which have been victims in the Ponzi…

Rank this Week: 1143

The Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

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

Nov 20
Fixed fees across the fast-track

Fixed fees across the fast-track

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

APIL expose sordid bedroom habit

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

Hurley v Maruki

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

Rank this Week: 1160

Class Action Blog

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

http://www.carltonfields.com/classactionblog/blog.aspx

May 6
First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

This trio of cases concerned Pfizer’s off-label marketing of Neurontin and plaintiffs’ efforts to recover for the Neurontin prescriptions they had thereby been fraudulently induced to pay. In Kaiser, Plaintiffs’ primary…
May 3
Best Practices in Reducing Cost and Managing Risk in Class Action Litigation

Best Practices in Reducing Cost and Managing Risk in Class Action Litigation

Across industries, corporate counsel reported they spent $2.1 billion annually on class action lawsuits in 2012. This reflects a modest decline from $2.2 billion in 2011. On average, companies managed 5.1 class actions in 2012, representing a…
Apr 30
Coming Soon: 2013 Carlton Fields Class Action Survey

Coming Soon: 2013 Carlton Fields Class Action Survey

Carlton Fields is pleased to announce the forthcoming release of its 2013 Carlton Fields Class Action Survey on Best Practices in Reducing Cost and Managing Risk in Class Action Litigation. This second edition of our multi-industry annual…

Rank this Week: 1205

EDiscoveryMap

Covers cross-border ediscovery issues. By Monique Altheim.

http://ediscoverymap.com

May 17
Ediscovery, Data Privacy and Social Media Weekly Update

Ediscovery, Data Privacy and Social Media Weekly Update

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

Ediscovery, Data Privacy and Social Media Weekly Update

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

Ediscovery, Data Privacy and Social Media Weekly Update

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

Rank this Week: 1334

Bailey Class Action Daily

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

http://www.baileydaily.com/

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

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

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

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

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

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

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

Rank this Week: 1348

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/

Apr 30
Legal Resource

Legal Resource

Here are some excellent personal injury lawyers: Lawyer Internet Marketing criminal defense attorney Los Angeles Houston personal injury attorney Seattle personal injury attorney personal injury lawyer Albuquerque
Apr 26
North Dakota Abortion Restriction

North Dakota Abortion Restriction

The governor of North Dakota signed a controversial bill on April 16 that prohibits abortions after 20 weeks of pregnancy. The United States Supreme Court determined in Roe v. Wade that had a woman had the right to a legal abortion until as…
Apr 26
Supreme Court Listen to Arguments in Gay Marriage Case

Supreme Court Listen to Arguments in Gay Marriage Case

As the Supreme Court considered the case for gay marriage at the end of March, most experts agree that the while national laws might not change in 2013, it’s just a matter of time until the court legalizes gay marriage. In the meantime, the…

Rank this Week: 1376

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: 1393

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: 1426

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/

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

Summary Judgment Granted To Void Trust For Lack Of Capacity

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

Adjournment Of 1404 Examination Extends Time To File Objection

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

Appellate Court Upholds Choice Of Executor

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

Rank this Week: 1449

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/

May 16
Criminal charges dropped against Florida teen iniitially charged with adult felony after she mixed household chemicals in water bottle that exploded on school grounds.

Criminal charges dropped against Florida teen iniitially charged with adult felony after she mixed household chemicals in water bottle that exploded on school grounds.

"All criminal charges have been dropped against a Florida teen who initially faced an adult felony case after she mixed household chemicals in a water bottle and it exploded on school grounds. Kiera Wilmot, 16, has said the incident was a…
Apr 22
Certiorari, offers of judgment, prevailing parties, mortgage foreclosure, and herbed Southern biscuits with goat cheese rolled in lavender-bee pollen-tupelo honey, and homemade strawberry jam and fig preserve

Certiorari, offers of judgment, prevailing parties, mortgage foreclosure, and herbed Southern biscuits with goat cheese rolled in lavender-bee pollen-tupelo honey, and homemade strawberry jam and fig preserve

Appeals -- Certiorari -- No basis for certiorari review regarding grant of motion for protective order as to interrogatories and order declaring plaintiff a “vexatious litigant” -- Jurisdiction -- Appeal of dismissal for failure…
Mar 30
A large law firm's internal emails boasting excessive hourly billing are discovered during a billing dispute

A large law firm's internal emails boasting excessive hourly billing are discovered during a billing dispute

This was posted from ABA Journal Law NewsMarch 25, 2013 by Martha NeilRetained by energy entrepreneur Adam H. Victor in April 2010 to prepare the Chapter 11 filing for one of his companies, DLA Piper ran up a very large bill. Victor…

Rank this Week: 1495

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/

Apr 11
New Portland sick leave ordinance will go into effect January 1, 2014

New Portland sick leave ordinance will go into effect January 1, 2014

Following in the footsteps of Seattle, San Francisco, and others, the City of Portland enacted a sick leave ordinance on March 13, 2013, applicable to employees who work at least 240 hours per calendar year within the City limits.…
Apr 4
US Supreme Court: Class certification inquiry may involve a ruling on the merit

US Supreme Court: Class certification inquiry may involve a ruling on the merit

Courts considering motions to certify a class action can't shy away from considering the merits, if doing so is necessary to determine whether the class meets the requirements of FRCP 23(a). That was the conclusion reached last week by the...
Apr 3
Employers must exercise caution when withdrawing offers of employment

Employers must exercise caution when withdrawing offers of employment

The Oregon Supreme Court in Cocchiara v. Lithia Motors, Inc., (discussed in our earlier blog post here) opened up the possibility of a promissory estoppel or fraud claim against an employer who withdraws an offer of at-will employment. The…

Rank this Week: 1548

Texas Causes of Action Blawg

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

http://causeofactionelements.blogspot.com/

May 12
Statute of frauds not self-executing, must be invoked to serve as defense in lawsuit

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

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

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

Parol Evidence Rule Parol evidence may not be used to vary or contradict the express or implied terms of an unambiguous written agreement absent a showing of fraud, accident, or mutual mistake. Toler v. Sanders, 371 S.W.3d 477, 481 (Tex.…
May 8
Equitable estoppel based on inconsistent positions taken in court

Equitable estoppel based on inconsistent positions taken in court

First he claims this, then he claims that ... EQUITABLE ESTOPPEL BASED ON INCONSISTENT POSITIONS IN LITIGATION The elements of equitable estoppel arising from inconsistent positions taken in judicial proceedings are (1) a party takes a…

Rank this Week: 1580

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/

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

SCOTX: Attorney Fees Need Not Be Superseded on Appeal

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

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

Principled Appellate Decision

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

Rank this Week: 1602

Circuit Splits

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

http://www.circuitsplits.com/

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

From Dicta to Disarray: Split on the Domestic Relations Exception

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

Growing Circuit Split Over Removal Statute

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

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

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

Rank this Week: 1607

Discovery Resources

Electronic Discovery (E-Discovery) Resources, News & Information

http://www.discoveryresources.org

Nov 27
EDRM: Beyond the Boxe

EDRM: Beyond the Boxe

While most people in the e-discovery industry have heard of the Electronic Discovery Reference Model (EDRM), many think it is simply a chart that describes the stages of the e-discovery process. However, the EDRM is more than a bunch of…
Nov 12
Webcast : State e-Discovery – 6th Annual Update with Tom Allman

Webcast : State e-Discovery – 6th Annual Update with Tom Allman

Date: Wednesday December 12, 2012 Time: 1:00 PM ET / 10:00 AM PT (60 minutes) Tom Allman, the leading expert on state e-discovery rules, provides an update on what’s new in e-discovery at the federal level and how those developments are…
Nov 5
Delaware Chancery Court Sua Sponte Orders Parties to Use Predictive Coding

Delaware Chancery Court Sua Sponte Orders Parties to Use Predictive Coding

by Wendy Butler Curtis, eDiscovery of Counsel, Orrick and Jeffrey W. McKenna, eDiscovery and Privacy Attorney, Orrick

Rank this Week: 1608

Business Litigation Info

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

http://www.businesslitigationinfo.com/

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

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

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

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

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

SCOTUS Issues First-Ever Decision Interpreting CAFA

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

Rank this Week: 1632

The Jury Room

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

http://keenetrial.com/blog

May 17
Is there a relationship between age and ethnic prejudice?

Is there a relationship between age and ethnic prejudice?

As you have probably noticed, we read a lot of research here at The Jury Room. We are looking for nuggets of knowledge or pearls of wisdom we can apply to our day-to-day practice of litigation advocacy. If you’ve read our work on…
May 15
Shooting the messenger: The intergroup sensitivity effect

Shooting the messenger: The intergroup sensitivity effect

We have likely all heard the saying “Don’t shoot the messenger”. According to new research, we are more likely to shoot that unlucky messenger when they are an outgroup rather than ingroup member. While that makes sense…
May 13
Maybe you really should use PowerPoint in court!

Maybe you really should use PowerPoint in court!

PowerPoint is often maligned but new research shows a courtroom PowerPoint effect that is nothing to dismiss! When Plaintiff attorneys used PowerPoint slides, mock jurors thought the Defendant was more liable for the alleged behavior. When…

Rank this Week: 1695

Federal Criminal Lawyer Blog

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

http://www.georgiafederalcriminallawyerblog.com/

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

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

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

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

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

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

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

Rank this Week: 1734

Law Offices of Joseph C. Markowitz

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

http://www.jcmarkowitz.com/

Jan 24
More changes coming to state court

More changes coming to state court

The grand unwelcome budget-cutting experiment in which California courts are currently engaged may result in the undoing of reforms courts have developed over the past several decades to better manage their caseloads. Ideas that both the…
Jan 2
Anatomy of a negotiation

Anatomy of a negotiation

The "fiscal cliff" negotiations of the last couple of months present an interesting case study showing the stages of negotiation usually necessary to make a deal. Congress set the process in motion more than a year ago with a budget agreement…
Dec 19
Planned Early Negotiation

Planned Early Negotiation

Abraham Lincoln, who was a famous trial lawyer before he became a famous president, is supposed to have said: Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity…

Rank this Week: 1820

At Counsel Table

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

http://atcounseltable.wordpress.com

May 13
Want Clients? Look To Those Who Care About You Most

Want Clients? Look To Those Who Care About You Most

One of the first things a business development coach will tell you is to identify people whom you believe can help you in your quest to build a practice. If you’re like me, this might cause you to look around and compile a list of…
May 11
Want To Lose Your Trial? Be Late And Keep A Jury Waiting

Want To Lose Your Trial? Be Late And Keep A Jury Waiting

The ABA Journal reported on Friday that a Pennsylvania judge held a lawyer in contempt and increased the bond for his client when they were late for a jury trial. “We were all here at 9 a.m. for a jury trial and the defense table was…
May 9
Demystifying The Notion Of A “Mediator’s Proposal”

Demystifying The Notion Of A “Mediator’s Proposal”

Every lawyer whose practice includes mediating civil cases is bound at some point to come face to face with the concept of a “mediator’s Proposal,” also called a “mediator’s number.” Here’s what…

Rank this Week: 1852

Long Term Disability Law Blog

This blog covers all aspects of long term disability advocacy. Topics include long term disability benefits and claimant tips. By Riemer & Associates.

http://www.longtermdisabilitylawblog.com/

Nov 12
Riemer to Speak at Disability Insurance Conference

Riemer to Speak at Disability Insurance Conference

On January 24, 2013, Scott M. Riemer will present at the 15th National Advanced Forum on Litigating Disability Insurance Claims in New York City. The conference is sponsored by the American Conference Institute. The conference will include…
Nov 12
Riemer to Speak at Disability Insurance Conference

Riemer to Speak at Disability Insurance Conference

On January 24, 2013, Scott M. Riemer will present at the 15th National Advanced Forum on Litigating Disability Insurance Claims in New York City. The conference is sponsored by the American Conference Institute. The conference will include…
Nov 12
Riemer Volunteers at MS Society Legal Day

Riemer Volunteers at MS Society Legal Day

On Sunday, November 11, 2012, Scott M. Riemer volunteered at the Legal Day of the New York City Chapter of the MS Society. The Legal Day provides the opportunity for individuals suffering from Multiple Sclerosis to meet with lawyers of…

Rank this Week: 1966

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/

May 16
Counter the Cheap Shot

Counter the Cheap Shot

By Dr. Ken Broda-Bahm: It happens sometimes in an argument: You know the claim you're hearing is false, but you also know that it sounds like it could be true, and it'll be a lot harder to refute the argument than it was to make it in the…
May 13
Beware the Anti-Theme

Beware the Anti-Theme

By Dr. Ken Broda-Bahm: We've written frequently on themes: those little nuggets of language and meaning that distill a case to its persuasive essence. As consultants, we create themes even more frequently, trying to find the right message to…
May 9
Check Your Jurors' Power Level

Check Your Jurors' Power Level

By Dr. Ken Broda-Bahm: An Iowa jury just handed down a $240 million verdict on behalf of 32 mentally disabled men who lived and worked for decades at a turkey processing plant and were paid just $65 a month. That verdict, the largest ever in…

Rank this Week: 1971

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