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The Art of Advocacy

The Art of Advocacy

Covers courtroom techniques, topics include, depositions, direct examination, historic trials, professional growth, and training opportunities. By Paul Mark Sandler.

http://www.attorneyadvocacy.com/
  • Jan 20

    Should you put a witness on the stand if you think he might not tell the truth? (Aka: A quick review of Rule 3.3)

    Should you put a witness on the stand if you think he might not tell the truth? (Aka: A quick review of Rule 3.3)
    There are times when a trial lawyer will face the ethical dilemma of whether or not to put a certain witness on the stand, particularly if he believes the witness may not tell the truth under oath. On one hand, a trial lawyer’s first…
  • Oct 13

    Is it possible to use too many adverbs in court?

    Is it possible to use too many adverbs in court?
    Do you knowingly or unwittingly use an abundance of adverbs in your legal briefs and prepared statements for trial? According to the Wall Street Journal last week, you likely do. Wall Street Journal reporter Jacob Gershman, in a clever…
  • May 6

    Would Wyatt Earp have been indicted today?

    Would Wyatt Earp have been indicted today?
    More than 120 years ago, the coroner’s inquest into “Wild West” lawman Wyatt Earp ended with no criminal charges filed. Earp walked away scot free in the infamous O.K. Corral gunfight that only lasted 30 seconds, but is…
Rank this Week: 4489

Resolving Discovery Disputes

Resolving Discovery Disputes

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

http://www.resolvingdiscoverydisputes.com/
  • Jan 20

    Treating Physicians–Treat Them Right

    Treating Physicians–Treat Them Right
    Personal Injury attorney Miles B. Cooper, a partner at Emison Hullverson LLP, wrote a very insightful article in the March, 2014 issue of  Plaintiff Magazine on the joys and pitfalls of deposing treating physicians.…
  • Jan 5

    2015 New Years Resolutions–No real changes to the Discovery Act

    2015 New Years Resolutions–No real changes to the Discovery Act
      I am happy to report that there were no substantive changes to the Discovery Act. The only change to any of the discovery codes is C.C.P. Section 2025.510 which involves deposition transcripts. As you can see by the 2014 Amendment…
  • Dec 11

    Should you withdraw your motion if the other side has complied?

    Should you withdraw your motion if the other side has complied?
    I have always been a strong advocate that you should be awarded sanctions if you had to bring a motion to get the relief you were entitled to even if the other side complied prior to the hearing on the motion.  However in the case of…
Rank this Week: 4479

Accessibility Defense

Accessibility Defense

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

http://accessdefense.com
  • Jan 19

    ADA compliance – half right is all wrong

    ADA compliance – half right is all wrong
       Two realities dominate the world of ADA compliance and defense. First, the ADA is a no-fault statute: good intentions don’t matter and innocence is no defense. Second, even when barrier removal is impossible, a business…
  • Dec 14

    Who’s to blame for an ADA violation? If you don’t decide a judge will.

    Who’s to blame for an ADA violation? If you don’t decide a judge will.
    When public or quasi-public entities contract with private businesses to use their facilities it can be difficult to pin down just who may have violated the ADA. It doesn’t have to be, but allocating ADA responsibility requires that the…
  • Nov 30

    Reasonable accommodation under the ADA – what would you do for your mother?

    Reasonable accommodation under the ADA – what would you do for your mother?
    I wrote last week about the difficulty in determining just what the ADA requires in cases concerning physical accessibility. A recent decision from California shows how hard it can be to know what the “reasonable accommodation”…
Rank this Week: 3181

The Courtroom Insight Blog

The Courtroom Insight Blog

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

http://blog.courtroominsight.com/
  • Jan 14

    Courtroom Insight and Daubert Tracker Announce New Partnership

    Courtroom Insight and Daubert Tracker Announce New Partnership
    I am excited to announce our new partnership with the Daubert Tracker.  As a result of this agreement, Courtroom Insight now offers access to over 100,000 records detailing specific challenges to expert witness testimony.  This…
  • Dec 24

    Happy Holiday

    Happy Holiday
    We wish you all the best this holiday season and look forward to sharing what we have been working on in the new year. Happy Holidays from the Courtroom Insight Team!Filed under: Uncategorized
  • Nov 25

    Decision in Ferguson Case Leads the Brown Family to Offer Solution

    Decision in Ferguson Case Leads the Brown Family to Offer Solution
    A grand jury in Missouri decided on Monday not to indict Darren Wilson, a Ferguson police officer who shot and killed Michael Brown, an unarmed teenager. Brown’s death has reignited the debate about law enforcement, race and power.…
Rank this Week: 1926

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: 1361

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/
  • Jan 5

    Pom’s Wonderful Start to the New Year

    Pom’s Wonderful Start to the New Year
    A recent ruling by the Ninth Circuit Court of Appeals has reversed a district court decision denying Pom Wonderful’s request for injunctive relief from market competitor, Pur Beverages.
  • Dec 16

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

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

    Oregon Supreme Court on statutory immunity of LLC members and manager

    Oregon Supreme Court on statutory immunity of LLC members and manager
    Members and managers of a limited liability company are shielded from vicarious liability for the LLC's torts, but can be held personally liable if they either knew of the tortious acts or participated in them. That was the conclusion of...
Rank this Week: 1805

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/
  • Jan 5

    Law and Movie

    Law and Movie
    2014 wasn't much of a year for courtroom dramas, unless you want to count The Judge, which I really don't. That movie's only redeeming feature was the chance to watch two great actors, Robert Duvall and Robert Downey, Jr., ply their trade.…
  • 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…
Rank this Week: 1943

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: 4666

ICT for Peacebuilding

ICT for Peacebuilding

Exploring the use of technology for conflict transformation, focusing on the use of information communications technology (ICT) for peacebuilding. From Sanjana Hattotuwa.

http://ict4peace.wordpress.com
  • Dec 25

    Tsunami: 10 years hence

    Tsunami: 10 years hence
    Technology does not feel. It does not bleed. Its very insensitivity to trauma can be its strength – the tireless information sharing frameworks Info Share created knew no time of day and didn’t clamour for rest. On the other hand,…
  • Dec 25

    Tsunami: 10 years hence

    Tsunami: 10 years hence
    Technology does not feel. It does not bleed. Its very insensitivity to trauma can be its strength – the tireless information sharing frameworks Info Share created knew no time of day and didn’t clamour for rest. On the other hand,…
  • Nov 25

    Technology and theatre in a library

    Technology and theatre in a library
    When I read Where Humbert Humbert Might Whisper in Your Ear in the New York Times on a flight back to Colombo from the US, I immediately thought of doing something along the same lines in Sri Lanka to explore to what degree, post-war, we…
Rank this Week: 2202

LITIG8R TECH

LITIG8R TECH

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

http://blog.litigatortechnology.com/
  • Dec 24

    Happy Holidays from Litig8r Tech

    Happy Holidays from Litig8r Tech
    Video here. Because we liked it so much last year, we wanted to share it again.
  • Oct 24

    Apple Introduces iPad Air 2 and iPad mini 3

    Apple Introduces iPad Air 2 and iPad mini 3
    In case you missed it, earlier this month Apple announced the “thinnest and most powerful iPad ever.” From Apple: The new iPad features an improved Retina display for enhanced contrast and richer, more vibrant colors, and better…
  • Sep 4

    Legal Toolkit podcast with iPhone JD blogger Jeff Richardson

    Legal Toolkit podcast with iPhone JD blogger Jeff Richardson
    From the Legal Talk network website: On this episode of The Legal Toolkit, Heidi Alexander interviews iPhoneJD blog author Jeff Richardson about his favorite iPhone and iPad apps and accessories that lawyers use in their practice and lives.…
Rank this Week: 2977

Illinois Appellate Lawyer Blog

Illinois Appellate Lawyer Blog

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

http://www.illinoisappellatelawyerblog.com/
  • Dec 22

    Illinois Discovery Order A Judgment, Triggering 30-Day Appeal Deadline

    Illinois Discovery Order A Judgment, Triggering 30-Day Appeal Deadline
    Daewoo International paid American Metals Trading $14.5 million for pig iron. But American Metals didn’t deliver, so Daewoo started an arbitration proceeding. In support of the arbitration, Daewoo got an order of attachment against…
  • Dec 10

    Statutory Deadline For Notice Of Appeal Trumps Supreme Court Rule

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

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

    Illinois Supreme Court Can’t Decide Chicago Red-Light Camera Case
    The Illinois Supreme Court’s single-paragraph opinion in Keating v. City of Chicago, 2014 IL 116054 (11/20/14), is remarkable because the court was unable to render a decision. The case involved the validity of Chicago’s red-light…
Rank this Week: 886

E-Discovery Beat

E-Discovery Beat

Covers electronic discovery. By Exterro.

http://www.exterro.com/e-discovery-beat/
  • Dec 17

    Panel Explores Top E-Discovery and Information Governance Trends from 2014

    Panel Explores Top E-Discovery and Information Governance Trends from 2014
    By: Andrew Bartholomew It wouldn’t be December without some look backs at the year that was in e-discovery and information governance. One such discussion took place during a recent Inside Counsel webcast, “Top Three E-Discovery…
  • Dec 10

    RSD Releases Useful Information Governance Guide

    RSD Releases Useful Information Governance Guide
    By: Jim FitzGerald, Sr. Product Marketing Manager, Exterro RSD, a growing player in Information Governance (IG) and federated records management, just released a comprehensive guide that does a nice job of covering key topics on IG. Outfits…
  • Dec 4

    Legal Hold Software Considerations for 2015

    Legal Hold Software Considerations for 2015
    By: Andrew Bartholomew As 2014 comes to a close, it’s fair to observe that there are more legal hold software products on the market now than ever before. Once considered a niche e-discovery software category, legal hold solutions are…
Rank this Week: 2405

The Trial Warrior Blog

The Trial Warrior Blog

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

http://thetrialwarrior.com/
  • Dec 8

    Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction

    Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction
    If you’re an Ontario litigator and thought suing your client for fees in Small Claims Court based upon a written retainer agreement was an option, then take a read of Justice Nordheimer’s decision in Jane Conte Professional…
  • Jan 29

    So Long, Farewell

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

    2014 Canadian International Law Students Conference

    2014 Canadian International Law Students Conference
    I am privileged to be the keynote speaker at the upcoming  2014 Canadian International Law Students Conference, jointly presented by the International Law Society of University of Toronto Faculty of Law and Osgoode Hall Law…
Rank this Week: 2140

eDiscovery Service Blog

eDiscovery Service Blog

Covers eDiscovery and computer forensic. By D4 eDiscovery.

http://www.d4discovery.com/e-discoveryserviceblog/
Rank this Week: 4622

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: 1182

New York Appellate Lawyer Blog

New York Appellate Lawyer Blog

Covers trials and litigation. By The Law Offices of Sanford F. Young, P.C.

http://www.newyorkappellatelawyerblog.com/
  • Nov 24

    New York Courts Continue to Protect Lawyers from Emotional Distress Damages in Legal Malpractice Case

    New York Courts Continue to Protect Lawyers from Emotional Distress Damages in Legal Malpractice Case
    In its recent decision in Dombrowski v. Bulson, 19 N.Y.3d 347 (2012), the New York Court of Appeals recently reiterated the long-established New York court-made rule barring the recovery of damages for emotional distress injuries and other…
  • Nov 11

    Seeking Permission/Leave to Appeal to the New York Court of Appeals Is Fraught with Confusion

    Seeking Permission/Leave to Appeal to the New York Court of Appeals Is Fraught with Confusion
    The New York Constitution and Statutes governing which New York State courts have authority (i.e., jurisdiction) to grant permission to appeal to the Court of Appeals can be confusing and in many cases seemingly illogical. Like the United…
  • Jun 11

    Bonding Your Appeal

    Bonding Your Appeal
    Unlike some jurisdictions, the state courts in New York and New Jersey, as well as the federal courts, do not require a losing party who has a monetary judgment entered against them, to satisfy (pay) the judgment or post an appellate bond to…
Rank this Week: 2882

Minnesota Litigator

Minnesota Litigator

Covers legal developments for civil litigators in Minnesota. By Seth Leventhal.

http://www.minnesota-litigator.com/
  • Nov 14

    “A Question of Exceptional Importance”

    “A Question of Exceptional Importance”
    Update (November 14, 2014): Since my earlier post on Bruce Carneil Webster’s case, below (the death penalty case in which Dorsey & Whitney lawyers are fighting for Webster, a mentally retarded man on death row), Webster lost the…
  • Nov 13

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.
    Update (November 13, 2014): This endless case might be nearing its end, with the Minnesota Court of Appeals’ dramatic reduction in the trial court’s award of the victorious Plaintiff’s lawyers’ fees. We conclude…
  • Nov 12

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)
    Update (November 12, 2014): It seems with each filing (as described below) the news gets worse for defendant U.S. Sugar Company in this case, which appears to be about the defendant’s misfortune of buying sugar at historic high prices…
Rank this Week: 179

Alaska Law Blog

Alaska Law Blog

Alaska Law Blog covers commercial, business, banking, construction, engineering, real estate, and employment law litigation. By Atkinson, Conway & Gagnon.

http://www.alaskalawblog.com/
  • Nov 5

    Peter Scully Joins The Firm

    Peter Scully Joins The Firm
    Atkinson, Conway & Gagnon is pleased to announce that Peter Scully has joined the firm as an associate attorney. Mr. Scully received his B.S., magna cum laude, in mathematics from Bucknell University in 2004. Mr. Scully received his…
  • Jul 18

    Commercial & Residential Landlord-Tenant Law Seminar

    Commercial & Residential Landlord-Tenant Law Seminar
    On September 27, 2012, Christopher Slottee, a partner with Atkinson Conway & Gagnon, will be participating in a seminar on Commercial & Residential Landlord-Tenant Law. Mr. Slottee will be presenting information and materials on Alaska law…
  • Jul 2

    Atkinson Conway & Gagnon Attorneys Contribute To Legal Publication On Attorney Malpractice

    Atkinson Conway & Gagnon Attorneys Contribute To Legal Publication On Attorney Malpractice
    Atkinson Conway & Gagnon is pleased to announce that Bruce E. Gagnon and Christopher J. Slottee have contributed to a new publication, The Law of Lawyers Liability, a collection of articles discussing the state of legal malpractice law in all…
Rank this Week: 4548

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: 3944

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
Rank this Week: 4747

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: 2328

Vegas Litigator Blog

Vegas Litigator Blog

Focuses on litigation and related issues of interest. By Donald C. Kudler.

http://vegaslitigator.com/blog
  • Oct 2

    Do Lawyers Deserve the Image of Being Arrogant?

    Do Lawyers Deserve the Image of Being Arrogant?
    Many people see lawyers as arrogant, thoughtless, and haughty….I’m sure there are hundreds of other, less than favorable terms, used by people when speaking about us lawyers. Believe it or not, some of us work hard to show that…
  • Sep 22

    Parties Should Have a Right to Know if Jurors Have Had Any Dealings with, or Knowledge of, Arbitrators Involved in Their Case

    Parties Should Have a Right to Know if Jurors Have Had Any Dealings with, or Knowledge of, Arbitrators Involved in Their Case
    I recently represented a victim of a slip and fall personal injury case in a Short Trial.  I have done many Short Trials over the years and noticed that something was missing at this most recent Trial – asking the Jury if they are…
  • Mar 19

    Do We Really Need Witnesses to Car Accident Cases?

    Do We Really Need Witnesses to Car Accident Cases?
    I was driving home from work a couple of nights ago…well, actually, I was between stops taking care of stuff on my way home….when I saw an accident at Decatur just south of Charleston Blvd.  I was making a left hand turn to…
Rank this Week: 5002

Video and the Law

Video and the Law

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

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

    The ABC’s of Collecting Valuable Demonstrative Evidence

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

    The Evolution of Law Firm Website

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

    Behind the Scenes of a Trial Video

    Behind the Scenes of a Trial Video
    “O Romeo, Romeo, wherefore art thou Romeo?” The familiar and famous Shakespeare play “Romeo and Juliet,” about two young lovers that ends in tragedy was created and written with great thought and an outline, or what we call in the…
Rank this Week: 4351

Nebraska Litigation & Trial…

Nebraska Litigation & Trial Advisor

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

http://nebraskalitigationadvisor.com/
Rank this Week: 2662

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Sep 2

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)
    SecondCircuitMap.png In mortgage fraud prosecution, government provided oral notice of its intent to introduce self-authenticating business records but failed to provide written notice as required under FRE 902(11); Second…
  • Sep 1

    Celebrating Labor Day

    Celebrating Labor Day
    Flags.JPG The Federal Evidence Blog returns on Tuesday, September 2, 2014. Enjoy the Labor Day holiday. Labor Day is celebrated on the first Monday in September. See 5 U.S.C. § 6103 (federal holidays).
  • Aug 29

    Bursting The Mailbox Rule Presumption

    Bursting The Mailbox Rule Presumption
    Mailbox.jpg Third Circuit considers the operation of the mailbox rule presumption under FRE 301 and the circumstances in which the presumption may be rebutted; circuit distinguishes between strong and weak presumptions;…
Rank this Week: 1796

An Appeal to Reason

An Appeal to Reason

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

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

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

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

    What is an arguable issue on appeal?

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

    We may have a new California Supreme Court Justice

    We may have a new California Supreme Court Justice
    Governor Jerry Brown nominated a new Supreme Court justice to replace retiring Justice Marvin Baxter, who was one of the Court’s most conservative members.  The nominee is Mariano-Florentino Cuellar, a Mexican-born Stanford Law…
Rank this Week: 2261

Law Rules

Law Rules

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

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

    When is Mediation not Mediation?

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

    How does a mediator spell success?

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

    Practice!

    Practice!
    An old joke relates the story of a tourist in New York City who asks someone on the street how he can get to Carnegie Hall. The native New Yorker responds “Practice!” The same can be said for negotiating. Whether you are using a…
Rank this Week: 671

the complex litigator

the complex litigator

Covers complex litigation and class actions. By H. Scott Leviant.

http://thecomplexlitigator.com/post-data/
  • Aug 12

    Luckey v. Superior Court says no to temporary judges for class settlement approval

    Luckey v. Superior Court says no to temporary judges for class settlement approval
    In Luckey v. Superior Court (July 22, 2014), the Court of Appeal (Second Appellate District, Division Three), the Court considered a writ following the denial of a stipulation to utilize a temporary judge to handle a class settlement…
  • Aug 12

    Misclassifcation of independent contractors gets a boost in Ayala v. Antelope Valley Newspaper

    Misclassifcation of independent contractors gets a boost in Ayala v. Antelope Valley Newspaper
    As I fill the backlog, we have yet another big decision from the California Supreme Court. In Ayala v. Antelope Valley Newspapers, 59 Cal. 4th 522 (June 30, 2014), the Supreme Court examined how the question of certification should be…
  • Aug 12

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC
    Next up on the update list is Iskanian v. CLS Transportation Los Angeles LLC (June 23, 2014). In Iskanian, a limousine driver filed a class action lawsuit on behalf of himself and similarly situated employees for his employer’s alleged…
Rank this Week: 282

A Buffalo Lawyer

A Buffalo Lawyer

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

http://abuffalolawyer.blogspot.com/
Rank this Week: 2073

Insurance Defense Blog

Insurance Defense Blog

Covers civil litigation and insurance defense in Washington, D.C. By David Stratton.

http://www.insurancedefenseblog.us/
  • Aug 10

    Plaintiffs in DC cell phone litigation avoid knockout punch, for now

    Plaintiffs in DC cell phone litigation avoid knockout punch, for now
    "Can cell phones cause brain cancer?" With that question, which he did not answer, Judge Weisberg of the Superior Court for the District of Columbia began a 76-page discourse on the admissibility of the testimony of eight…
  • Aug 9

    Judicial estoppel based on bankruptcy filing affirmed in the District of Columbia

    Judicial estoppel based on bankruptcy filing affirmed in the District of Columbia
    I had previously written about judicial estoppel and lack of standing defenses that could arise from a plaintiff's prior bankruptcy filing. There is a recent decision in the District of Columbia in which judicial estoppel barred a plaintiff's…
  • Mar 2

    Maryland federal court decision on broker's failure to procure insurance

    Maryland federal court decision on broker's failure to procure insurance
    In a recent case, a homeowner brought suit in Maryland federal court against her insurance broker for negligence, breach of fiduciary duty, negligent misrepresentation, intentional misrepresentation, and fraud, after her house sustained fire…
Rank this Week: 1011

Northern Virginia Lawyer

Northern Virginia Lawyer

Commentary and insight on Virginia law and procedure.

http://northernvirginialawyer.blogspot.com/
  • Jun 16

    Paul A. Prados selected as a rising star

    Paul A. Prados selected as a rising star
    Paul A. Prados has been selected to the 2014 Virginia Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson…
  • Nov 3

    A Libertarian’s perspective on Ken Cuccinelli

    A Libertarian’s perspective on Ken Cuccinelli
    Every election, philosophical libertarians are faced with a conundrum: should we vote for principle/stay home or vote for the lesser of two evils.  Democrats tend to be better on personal liberty issues and Republicans tend to be better…
  • Nov 2

    Gay marriage lawsuits taking back seat in waning days of the campaign

    Gay marriage lawsuits taking back seat in waning days of the campaign
    I predicted that the gay marriage lawsuits in Virginia would have a significant impact on the gubernatorial campaigns in the final days. Apparently neither Cuccinelli nor McAuliffe appear interested in raising the fact that the AG's…
Rank this Week: 2015

Tennessee Trial Lawyers Blog

Tennessee Trial Lawyers Blog

Covers trials and litigation and criminal, family and injury law. By Freeman & Fuson.

http://www.tennesseetriallawyersblog.com/
  • Jun 11

    For Bonnaroo Goers: Small Infractions Can Lead To Big Charge

    For Bonnaroo Goers: Small Infractions Can Lead To Big Charge
    Every year around this time our firm gets a flood of calls from people who receive criminal charges while on their way to or while leaving Bonnaroo. They have ranged from simple possession and paraphernalia to felony drug charges. …
  • May 2

    New Tennessee Law Criminalizes Drug Abuse During Pregnancy

    New Tennessee Law Criminalizes Drug Abuse During Pregnancy
    On April 29, the Tennessee Legislature passed a bill that will allow a mother to be prosecuted for causing a child to be born addicted or harmed because of her illegal use of narcotics during the pregnancy. The bill will allow a woman to be…
  • Apr 14

    Anchor Down: Tennessee Laws On Boating Under the Influence

    Anchor Down: Tennessee Laws On Boating Under the Influence
    With Summer right around the corner there's no doubt many of you will be looking to hit the waterways. With that in mind, it may be a good time to remind everyone of the drinking and boating laws in Tennessee. Boating under the Influence is…
Rank this Week: 3166

Judge Bonnie Sudderth

Judge Bonnie Sudderth

Covers the Texas Rules of Evidence.

http://judgebonniesudderth.wordpress.com/
Rank this Week: 4093

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: 479

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: 2347

Nashville Trial Lawyer Blog

Nashville Trial Lawyer Blog

Covers news, injury, consumer, business and class action law. By Law Office of David S. Hagy PLC.

http://www.nashvilleinjurylawyer-blog.com/
Rank this Week: 3212

Lawsuit Reform Watch

Lawsuit Reform Watch

Covers civil justice reform issues in New Jersey. By the New Jersey Lawsuit Reform Alliance.

http://www.lawsuitreformwatch.org/
  • May 16

    NJCJI Now Blogging at Civiljusticenj.org

    NJCJI Now Blogging at Civiljusticenj.org
    For many years this website has hosted the blog of the New Jersey Civil Justice Institute, formerly the New Jersey Lawsuit Reform Alliance, but it is time for a change. From now on all NJCJI content will only be posted on the NJCJI website:…
  • May 1

    Top News Clips for the Week of April 26 - May 2

    Top News Clips for the Week of April 26 - May 2
    A selection of the need-to-know civil justice news for the week of April 26 - May 2. Woman Sues Live Nation After Seat Full of Splinters Julia Marsh | New York Post A woman got a rude surprise when she politely slid to the other side of a…
  • May 1

    NJCJI on Tour

    NJCJI on Tour
    Marcus, Alida, and Emily are hitting the road this summer in an effort to spread the word about the need for civil justice reform in New Jersey! If your organization would like a briefing on legal reform, or an update on pending court cases…
Rank this Week: 4344

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: 542

Trial and Appeals Blog

Trial and Appeals Blog

Covers law and society. By Thomas Wade Young.

http://www.twylaw.com/blog
  • Apr 30

    Tom Presents…

    Tom Presents…
    Today marks the fifth continuing legal education presentation I’ve been part of making over the past eight months – and the fifth distinct topic I’ve addressed. Prior presentations addressed minimum wage and overtime…
  • Apr 23

    Law enforcement officers now have wider…

    Law enforcement officers now have wider latitude in conducting searches on the basis of anonymous tips. Navarette v. California, No. 12–9490 (April 22, 2014) divided the U.S. Supreme Court’s two most conservative justices, while…
  • Apr 17

    Florida Civil Rights Act Bans Pregnancy Discrimination

    Florida Civil Rights Act Bans Pregnancy Discrimination
    The notion that laws banning sex discrimination also ban pregnancy discrimination seems obvious to many. Others, however, note that gender and pregnancy are not the same thing and, therefore, that language prohibiting gender discrimination…
Rank this Week: 4904

Expert Witness Guru's Blog

Expert Witness Guru's Blog

Covers rulings, news and marketing strategies for expert witnesses.

http://expertwitnessguru.com/blog/
  • Apr 20

    Fall protection expert witness helps car hauler survive summary judgment

    Fall protection expert witness helps car hauler survive summary judgment
    A fall protection expert witness recently came to the rescue of a car hauler suing a truck manufacturer for negligence and helped him survive summary judgment. Although the expert did not have any formal education on fall protection, the…
  • Feb 24

    Product design expert witness allowed to testify on “ultimate issue” of infringement

    Product design expert witness allowed to testify on “ultimate issue” of infringement
    In this patent infringement suit regarding the design of a particular inner garment (Branovations, Inc. v. Ontel Products Corp.) the Florida district court ruled that simplicity of technology may negate need for expert testimony, but does not…
  • Feb 23

    Prosecution for pedicure – infectious disease expert witness testifie

    Prosecution for pedicure – infectious disease expert witness testifie
    An infectious disease expert witness was recently called on board in Hoff v. Steiner Transocean, Ltd. to testify about the source of infection on the Plaintiff’s feet, which, Plaintiff asserted, was caused by a pedicure he had on a…
Rank this Week: 1708

Class Action Blog

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Packman, Nealon, Scialabba & Baker P.C.

http://classactionblog.mpnsb.com/
  • Mar 26

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)
    The Court conditionally certified Meiselman Packman Nealon Scialabba & Baker P.C.’s federal lawsuit against PJPA, LLC a Papa John’s Pizza franchisee in Pennsylvania, New Jersey and Delaware.  As a result of the…
  • Mar 14

    McDonald’s And Other Food Chains May Be Underpaying Employee

    McDonald’s And Other Food Chains May Be Underpaying Employee
    Many fast food restaurants require their employees to purchase uniforms and/or clean their uniforms at their own costs.  However, employees should be reimbursed for the cost of purchasing and cleaning their uniforms.  In a recent…
  • Mar 10

    Tom’s Natural Toothpaste May Not Actually Be Natural

    Tom’s Natural Toothpaste May Not Actually Be Natural
    Consumers in the U.S. rely on labels that say “natural” when purchasing products such as toothpastes.  Consumers are even willing to pay extra money to buy products that are labeled “natural”.  Unfortunately,…
Rank this Week: 589

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: 772

Trial Advocacy Blog

Trial Advocacy Blog

Focuses on trial advocacy. From Temple University's Beasley School of Law.

http://indexhtml.blogspot.com/
  • Mar 11

    Temple Law alum vies for vacant Montana Supreme Court seat

    Temple Law alum vies for vacant Montana Supreme Court seat
    Copyright 2014 Great Falls TribuneAll Rights ReservedGreat Falls Tribune (Montana)March 9, 2014 Sunday1 EditionSECTION: A; Pg. 1LENGTH: 1677 wordsHEADLINE: 15 vie for vacant state Supreme Court seatBYLINE: By, John S.…
  • Nov 21

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law
    Once classmates, now law partners, attorneys Samuel H. Pond and Jerry M. Lehocky have found a way to give back to the institution that launched their highly successful careers in law. The two partners at Philadelphia-based Pond Lehocky Stern…
  • Nov 14

    August/September 2013 Law Library Acquisition

    August/September 2013 Law Library Acquisition
    Administrative LawFederal administrative law / by Gary Lawson.Lawson, Gary, 1958-St. Paul, Minn. : West, c2013.TZ2 L445 2013 Administrative Law Developments in Administrative Law and Regulatory Practice, 2012 / edited by Jeffery S. …
Rank this Week: 1527

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…
  • 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…
Rank this Week: 4704

California Civil Litigation Blog

California Civil Litigation Blog

Covers electronic discovery, insurance litigation, security and privacy, and other civil litigation topics in California. By M. Scott Koller.

http://www.koller-law.com
  • Feb 28

    Obama’s new cybersecurity plan a good start

    Obama’s new cybersecurity plan a good start
    I recently authored an article for the Daily Journal on the new cybersecurity framework.  You can read about it by visiting the Daily Journal.  
  • Dec 31

    The Target Breach: How the Financial Industry is Reacting

    The Target Breach: How the Financial Industry is Reacting
    Retail giant Target recently suffered a massive security breach during the busiest shopping season of the year. The breach involved the credit and debit card information of an estimated 40 million customers who shopped at one of…
  • Nov 19

    The Ramifications of a Security Breach

    The Ramifications of a Security Breach
    New Study Finds that Two Thirds of U.S. Adults Would Not Return to a Business Where Their Personal Information was Stolen. From hackers to stolen laptops, security breaches have been on the rise.  While most businesses are aware of the…
Rank this Week: 3814