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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: 733

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: 758

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
  • Nov 20

    Construction Contracts: Do You Know Who You Contracted With?

    Construction Contracts: Do You Know Who You Contracted With?
    By Jeff Boudreaux Recently, we have noticed an increase in the number of construction contracts that either identify (1) an incorrect entity or (2) a non-existent entity as a party to the contract. No big deal, right…..maybe not. It…
  • Nov 19

    DHH Implements Recovery Audit Contractor Program

    DHH Implements Recovery Audit Contractor Program
    By Deborah J. Juneau The Louisiana Department of Health and Hospitals (“DHH”) adopted provisions to establish the Recovery Audit Contractor (“RAC”) Program, effective November 20, 2014, as required by the Affordable…
  • Nov 18

    Calming the Storm Tossed Waters: The Availability of Punitive Damages to the Jones Act Seaman Post McBride

    Calming the Storm Tossed Waters: The Availability of Punitive Damages to the Jones Act Seaman Post McBride
    By Michael J. O’Brien A. Introduction to Punitive Damages Pecuniary damages are awards designed to restore “material loss which is susceptible of pecuniary valuation.” Michigan Central Railroad. Co. v. Vreeland, 227 U.S. 59,…
Rank this Week: 774

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: 802

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/
  • Nov 20

    Who Is At Fault and Who Will be Liable in a Lyft Ride Sharing Crash?

    Who Is At Fault and Who Will be Liable in a Lyft Ride Sharing Crash?
    Car crashes are common, especially in the automobile-dependent American culture. It's one of the reasons why drivers are required to hold a valid insurance policy. Typically, when a driver is at fault in an accident, their insurance policy…
  • Nov 6

    Chipotle Employees Claim They are Underpaid: Class Action Lawsuits Filed

    Chipotle Employees Claim They are Underpaid: Class Action Lawsuits Filed
    Restaurant employees are required to work long hours. Running a restaurant begins hours before and sometimes continues for hours after the actual operating hours. In addition, employees are required to attend staff meetings, training sessions…
  • Oct 31

    Nevada Parents Sue School District Over Failure to Report Bullying

    Nevada Parents Sue School District Over Failure to Report Bullying
    Nevada parents Jennifer and Jason Lamberth thought everything was going well with their 13 year-old daughter, Hailee. She was enrolled as a seventh grader at White Middle School in Henderson. The day that her life came to a tragic end, she…
Rank this Week: 814

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/
  • 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…
  • Oct 24

    Middle Ground

    Middle Ground
    How to evaluate corporate scienter continues to be an unresolved issue in securities litigation.  Some courts, notably the Fifth Circuit (and arguably the Eleventh Circuit), have taken the position that a court can only “look…
  • Oct 10

    Confirmatory Information

    Confirmatory Information
    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…
Rank this Week: 904

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: 945

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 972

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/
  • Nov 3

    Expired Suspension Moots Construction Company’s Appeal

    Expired Suspension Moots Construction Company’s Appeal
    Chester Bross Construction Company was the low bidder on a number of Illinois Department of Transportation projects. But instead of awarding Bross the work, the Department suspended Bross from competing for any Department contracts for two…
  • Oct 27

    Write Like Earl Fatha Hines Mosey

    Write Like Earl Fatha Hines Mosey
    Paralyzed by that white screen mocking you? Close your eyes for a few minutes and let this piano massage your brain. Then write your appellate brief like Earl Fatha Hines moseys along the Santa Fe Trail.
  • Oct 25

    Lack Of Notary Dooms Husband’s Notice Of Appeal

    Lack Of Notary Dooms Husband’s Notice Of Appeal
    Anita and Sushil Sheth got divorced. Sushil was custodian on several of the couple’s two children’s financial accounts. Anita asked the trial court to remove Sushil as custodian. The trial court did so, and also denied…
Rank this Week: 978

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: 1007

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: 1010

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: 1016

Construction Litigation Law Blog

Construction Litigation Law Blog

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

http://blog.njeifs.com/
Rank this Week: 1021

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 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…
  • Aug 27

    How to make your mediation brief effective

    How to make your mediation brief effective
    There are some big differences between appellate mediation and mediation while your case is still pending in the trial court. But appellate and trial lawyers can both benefit from reading mediator Rande Sotomayor’s excellent article,…
Rank this Week: 1029

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 1038

e-Lessons Learned

e-Lessons Learned

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

http://ellblog.com
  • Nov 21

    Discretion Will Not Be In Your Favor If You Give the U.S. Department of Commerce Unverifiable Financial Record

    Discretion Will Not Be In Your Favor If You Give the U.S. Department of Commerce Unverifiable Financial Record
    On October 7, 1992, the United States Department of Commerce created an antidumping on extruded rubber thread in Malaysia.  The intent of antidumping orders is to discourage the “dumping” of foreign goods into the U.S. for…
  • Nov 19

    Who Should Pay the Cost of Producing eDiscovery?

    Who Should Pay the Cost of Producing eDiscovery?
    This case involves a contractual dispute worth $41 million between Juster and North Hudson Sewerage Authority (NHSA). Juster issued a request for production of documents that included 49 requests for documents and a list of 67 proposed search…
  • Nov 12

    Facebook Fails: Can I Delete my Facebook while a Lawsuit is Pending?

    Facebook Fails: Can I Delete my Facebook while a Lawsuit is Pending?
    The defendant in personal injury litigation commonly requests discovery concerning a plaintiff’s Facebook account.  The reason such requests are made is that pictures on Facebook may reveal the “injured” plaintiff…
Rank this Week: 1066

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: 1071

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Nov 21

    Wrongful Death Lawsuit Results in $9M Award

    Wrongful Death Lawsuit Results in $9M Award
    If a loved one was fatally injured by the negligence or wrongdoing of another and you have filed a wrongful death lawsuit, you may be eligible for lawsuit funding as a cash advance against your future settlement. Many families need wrongful…
  • Nov 18

    Lawsuit Financial is making the Holidays Brighter for Personal Injury Victim

    Lawsuit Financial is making the Holidays Brighter for Personal Injury Victim
    Lawsuit Financial is continuously working hard to put smiles on the faces of many financially-strapped plaintiffs and their families who might otherwise go without during this holiday season. Recently, another attorney nominated a client for…
  • Nov 18

    Litigation Funding Can Help Victims of Drunk Driving Accident

    Litigation Funding Can Help Victims of Drunk Driving Accident
    In the early morning on November 16, the driver of a Mazda 3 lost control and struck a parked SUV. According to police, "the force of impact pushed the on to the sidewalk. The driver and one passenger were treated for injuries; another…
Rank this Week: 1075

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Nov 13

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  • Nov 13

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  • Nov 2

    Best paid job

    Best paid job
    The Telegraph has just published an article on the ten highest-paid jobs that you can do at home. The highest paid was listed as voiceover artists who can earn £68.16. Strangely, self-employed kitchen table law costs draftsmen did not…
Rank this Week: 1078

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Nov 18

    Groups of Gun Control Pressuring NJ to Carry Out Gun Law

    Groups of Gun Control Pressuring NJ to Carry Out Gun Law
    Gun control groups in Washington and New Jersey, are encouraging an NJ court to carry out an odd gun law in the state. This involves banning state sales of handguns that don’t employ some form of smart technology. Two gun groups --- the NJ…
  • Nov 18

    Court of Appeals Makes Reconsideration of Conflict Minerals Ruling

    Court of Appeals Makes Reconsideration of Conflict Minerals Ruling
    After striking down a ruling early this year that require publicly traded American companies to reveal as whether or not their products consist of conflict materials from Central Africa, a federal court of appeals may have second thoughts on…
  • Nov 17

    Madoff Trustee Settles with Investors for $497 Million

    Madoff Trustee Settles with Investors for $497 Million
    A court settlement will bring close to $500 million to investors Bernard Madoff cheated on, placing their overall recovery to date well over $10 billion. Irving Pacard, an official appointed by the court, tracked down the stolen money in one…
Rank this Week: 1084

White Collar Defense and…

White Collar Defense and Compliance

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

http://whitecollarcrime.foxrothschild.com/
Rank this Week: 1088

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: 1121

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: 1212

The Appellate Gourmet (c)

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/
  • Nov 21

    Easley again recognized among legal leaders in 2014

    Easley again recognized among legal leaders in 2014
    Congratulations to Dorothy Easley of Easley Appellate Practice for being recognized as a top appellate lawyer in the 2014 Super Lawyers Business Edition just released.  Ms. Easley is recognized as an attorney selected to the Super…
  • Nov 15

    The general rules on contract enforceability in Florida and recent contract decision

    The general rules on contract enforceability in Florida and recent contract decision
    To determine a contract’s enforceability, the Florida Supreme Court has long-established that Florida uses the objective (as opposed to the subjective) test (first expressed by the late Supreme Court Justice Oliver Wendell Holmes): The…
  • Nov 1

    Five stars for Easley's federal appellate treatise

    Five stars for Easley's federal appellate treatise
    We are proud and so honored to announce that Board certified appellate specialist Dorothy F. Easley's 2014 treatise, Successful Federal Appeals in all Circuit Courts: a Practical Guide for Busy Lawyers, has earned five stars by reviewers.…
Rank this Week: 1239

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: 1266

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: 1340

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: 1391

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/
  • Nov 17

    The Digital Fourth Amendment and Your Reasonable Expectation of Privacy

    The Digital Fourth Amendment and Your Reasonable Expectation of Privacy
    As my colleague, Scot Ganow, suggested earlier this year, it won’t be long before the Supreme Court again finds itself at the intersection of Fourth Amendment jurisprudence and evolving technology. He was right. Slowly but surely, there…
  • Nov 7

    Sixth Circuit Addresses ERISA Preemption of State-Law Claims and Reasonableness of Limitations Period

    Sixth Circuit Addresses ERISA Preemption of State-Law Claims and Reasonableness of Limitations Period
    The Sixth Circuit has penned numerous opinions relating to the Employee Retirement Income Security Act of 1974 (“ERISA”), specifically involving the alleged wrongful denial of benefits. Most recently, the Sixth Circuit addressed…
  • Oct 30

    October 2014 FI&C Website Newsletter

    October 2014 FI&C Website Newsletter
    *  Charlie Faruki, Laura Sanom, Jade Smarda and Michael Mayer successfully defend a corporate client accused of destroying evidence relevant to an antitrust case. *  Charlie Faruki, Jeff Sharkey and Chris Hollon celebrate a string…
Rank this Week: 1418

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Nov 21

    The “euphemism treadmill”: Is it African-American or Black?

    The “euphemism treadmill”: Is it African-American or Black?
    It’s a constantly moving target. Just over a year ago, we wrote about this on-going question and cited a Gallup Poll saying 65% of Black Americans have no preference when it comes to labels used to describe their racial or ethnic group.…
  • Nov 19

    Does legalized marijuana evoke “the mother of all gender gaps”?

    Does legalized marijuana evoke “the mother of all gender gaps”?
    We follow, as you may have noticed, attitudes, values and beliefs toward a wide variety of issues. So we were surprised to see this 2012 national poll from Quinnipiac University pop up in a number of recent blog posts. According to their…
  • Nov 17

    Predicting societal shifts: Same-sex marriage and the “Future of Weed”

    Predicting societal shifts: Same-sex marriage and the “Future of Weed”
    Sometimes we run across odd associations as we peruse research literature. Here’s an article from Pacific Standard saying we can potentially predict when the legalization of marijuana will occur by looking at how quickly attitudes…
Rank this Week: 1426

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/
  • Nov 18

    The parol evidence rule is not a rule of evidence, even though it governs admissibility of testimony

    The parol evidence rule is not a rule of evidence, even though it governs admissibility of testimony
    NATURE OF PAROL EVIDENCE RULES, EFFECT, AND POSSIBLE EXCEPTIONS  The parol evidence rule is a rule of substantive law, not a rule of evidence. See Hubacek v. Ennis State Bank, 159 Tex. 166, 169, 317 S.W.2d 30, 31 (1958). When parties…
  • Nov 18

    Rule 13 Sanctions Order requires findings of bad conduct to hold up on appeal

    Rule 13 Sanctions Order requires findings of bad conduct to hold up on appeal
    $5,000 IN SANCTIONS WITHOUT EXPLANATION IN TRIAL COURT'S ORDER REVERSED BY DALLAS COURT OF APPEALS  After notice and a hearing, rule 13 authorizes sanctions against a party who files a pleading that is both groundless and brought in…
  • Nov 15

    The 8-corners Rule

    The 8-corners Rule
    The eight corners rule (insurance litigation) The rule takes its name from the fact that only two documents are ordinarily relevant to the determination of the duty to defend: the policy and the pleadings of the third party claimant. GuideOne…
Rank this Week: 1428

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: 1475

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/
  • 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,…
  • Oct 7

    Oregon Court of Appeals: Transfer of business violated fraudulent transfers law

    Oregon Court of Appeals: Transfer of business violated fraudulent transfers law
    Business owners violated the Uniform Fraudulent Transfers Act (ORS 95.200 to 95.310) when they dissolved one business and transferred the assets and operations to a newly-formed entity, according to the Oregon Court of Appeals. In Norris v.…
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/
  • 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…
  • Sep 8

    Are Lawyer-Hyperlinked Briefs Headed for Extinction?

    Are Lawyer-Hyperlinked Briefs Headed for Extinction?
    When used appropriately, hyperlinks to specific portions of the record or to on-point authorities can be a very effective tool in the appellate lawyer’s arsenal. But are recent developments enhancing that tool or effectively taking it…
Rank this Week: 1557

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: 1611

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: 1622

The Trial Warrior Blog

The Trial Warrior Blog

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

http://thetrialwarrior.com/
  • Jan 29

    So Long, Farewell

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

    2014 Canadian International Law Students Conference

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

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

    The Trial Warrior Blog, But Not Yours Truly, Gets Cited By An Ontario Court
    [15]           The plaintiffs rely on a document entitled The Trial Warrior Blog dated November 11, 2013 that discusses Kaynes v. BP, 2013 ONSC 5802 (CanLII), 2013 ONSC 5802…
Rank this Week: 1642

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/
  • Nov 20

    Account for Fenno's Paradox: We Don't Judge Groups Like We Judge Individual

    Account for Fenno's Paradox: We Don't Judge Groups Like We Judge Individual
    By Dr. Ken Broda-Bahm: Here's a riddle for you: Going into the midterm elections, approval ratings for Congress hovered at just around 14 percent, yet the win rate for Congressional incumbents was 96.6 percent. How can we reconcile those…
  • Nov 17

    Witnesses: Don’t Adopt, Do Adapt

    Witnesses: Don’t Adopt, Do Adapt
    By Dr. Ken Broda-Bahm: It is one of those irritating word pairs in English, like “your” and “you’re” – similar spelling and sound, but different meaning and frequent confusion. “Adopt” means to “take something as your…
  • Nov 13

    Consider a Flowchart Verdict Form

    Consider a Flowchart Verdict Form
    By Dr. Ken Broda-Bahm: Juror C: Okay, we've answered question four, so let's move on to five. Juror A: No, it says that if we answered "No" to four, then we skip to seven... Juror D: ...I totally know the answer to six, it is…
Rank this Week: 1772

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: 1789

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: 1807

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: 1833

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: 1862

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: 1885

Dispute Resolution in Germany

Dispute Resolution in Germany

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

http://www.disputeresolutiongermany.com/
  • 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…
  • Oct 13

    The Hague Service Convention Turns 50 in 2015 – Save the Date!

    The Hague Service Convention Turns 50 in 2015 – Save the Date!
    Ted Folkman at Letters Blogatory, along with the Center for Transnational Business and the Law at Georgetown University Law Center, will be hosting an event to commemorate the fiftieth anniversary of the conclusion of the Hague Service…
Rank this Week: 1926

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: 1962