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Alaska Law Blawg

Alaska Law Blawg

Covers Alaska business law, litigation and recent decisions. By Clayton Walker.

http://aloinc.com/alaska-law-blawg/
  • Apr 23

    Resolving Cross Motions for Summary Judgment

    Resolving Cross Motions for Summary Judgment
    By: Clayton Walker The Alaska Supreme Court overruled a Superior Court’s resolution of Cross Motions for Summary Judgment.  Stavenjord v. Schmidt.  The case started back in 2001.  The matter had been fully briefed by…
  • Apr 16

    1099-C Tax on Debt Forgivene

    1099-C Tax on Debt Forgivene
    By: Clayton Walker The federal tax code taxes debt forgiveness.  The tax code also requires those forgiving debts to file information returns to the IRS, using form 1099-C. So, you lose your house in a foreclosure sale and the bank…
  • Mar 18

    Alaska Overtime — Professional Employee Exemption Doesn’t Cover Pilot

    Alaska Overtime — Professional Employee Exemption Doesn’t Cover Pilot
    By: Clayton Walker Alaska Overtime law requires covered employers to pay overtime to covered employees.  One exemption to the overtime law is the Professional Employee Exemption.  The old Alaska exemption was not the same as the…
Rank this Week: 2907

Chicago Trial Attorney Blog

Chicago Trial Attorney Blog

Covers business, contracts, and nursing home negligence litigation. By Philip J. Berenz.

http://www.counseloroffices.net/
  • Apr 20

    Piercing Corporate Veils / Alter Ego - Business Litigation

    Piercing Corporate Veils / Alter Ego - Business Litigation
    "Piercing a corporate veil" means an individual can be personally liable in certain situations. Courts apply this equitable remedy to avoid improper use of corporate laws meant to shield innocent shareholders and to promote justice. The…
  • Apr 20

    Nursing Home Abuse & Neglect - Growing Elderly Population

    Nursing Home Abuse & Neglect - Growing Elderly Population
    Our elderly population is clearly growing which directly correlates to more of our loved ones in nursing homes or similar facilities. Often an elderly person - our loved ones - are like children who need care and help with the most basic…
  • Apr 1

    Workers Compensation War!

    Workers Compensation War!
    Shockingly, States are trying to "dismantle" the workers compensation system. Little do you pay attention to such laws until you get hurt at work and start the downward financial (and health) spiral because some insurance company won't pay…
Rank this Week: 4378

Vegas Litigator Blog

Vegas Litigator Blog

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

http://vegaslitigator.com/blog
  • Apr 16

    Comparative Negligence in Nevada: Equal Fault Does Not Bar Recovery

    Comparative Negligence in Nevada: Equal Fault Does Not Bar Recovery
    I have a case where my client had backed out of parking space, stopped and started to proceed when another driver backed out and hit her car.  It is our position, of course, that the other driver is 100% at fault for the accident as our…
  • 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…
Rank this Week: 4511

Trial Ad Notes

Trial Ad Notes

Offers news items and resources relating to trial advocacy, with a focus on Washington State. By Mary Whisner.

http://trialadnotes.blogspot.com/
  • Apr 13

    National Academies reports - Growth of Incarceration

    National Academies reports - Growth of Incarceration
    The Growth of Incarceration in the United States: Exploring Causes and Consequences (2014), packed with research and analysis from social scientists and policy experts, is available as a free PDF from the National Academies Press.This…
  • Apr 9

    Evidence-Based Practice in Criminal Defense

    Evidence-Based Practice in Criminal Defense
    This interesting paper was recently posted on SSRN:Jennifer E. Laurin, Gideon by the Numbers: The Emergence of Evidence-Based Practice in Indigent Defense,  Ohio State Journal of Criminal Law, Forthcoming 2015Abstract: A widespread…
  • Apr 3

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded
    Interesting case from New York: Joel Stashenko, Conviction Reversed as Expert Barred from Testifying, N.Y.L.J., April 3, 2015.The case is People v. McCullough, 11-01614 (N.Y. Sup. Ct., App. Div. March 27, 2015), link to court website
Rank this Week: 1031

Virginia Employment Law Blog

Virginia Employment Law Blog

Covers employment law and litigation. By The Erlich Law Office, PLLC.

http://www.virginiaemploymentlawblog.com/
  • Apr 13

    An Employment Trap: Tardine

    An Employment Trap: Tardine
    One of the most frequent stumbling blocks for clients is tardiness. Whether it’s coming to work on time or coming back from breaks in a timely fashion, we cannot stress this enough: you must be on time for work. Even if your boss says…
  • Feb 9

    Court Invalidates New FLSA Provision Relating to Home-Care Worker

    Court Invalidates New FLSA Provision Relating to Home-Care Worker
    On December 22, 2014 a federal judge struck down a new provision of the Fair Labor Standards Act (“FLSA”) that would have entitled most home-care workers to minimum wage and overtime just ten days before that provision was to take…
  • Dec 29

    December Article Roundup

    December Article Roundup
    This month’s most popular and interesting articles covered some very important topics ranging from employment law and worker’s rights to the state of the ‘American Worker.’ More expansively, we also explored the…
Rank this Week: 1983

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/
  • Apr 8

    See you on LinkedIn

    See you on LinkedIn
    Alain Leibman writes: We have endeavored from the outset of this blog to offer thoughtful, possibly useful, and occasionally provocative analyses of developments in the criminal law, a time-intensive effort.  Regrettably, a busy workload…
  • Mar 18

    Does your Third Circuit judge vote as a “conservative, moderate, or liberal”?

    Does your Third Circuit judge vote as a “conservative, moderate, or liberal”?
    Alain Leibman writes: Matthew Stiegler, a Philadelphia attorney, has a terrific blog dedicated to reporting on, and thoughtfully analyzing, developments in the Third Circuit Court of Appeals, called the CA3blog.  Matthew has written a…
  • Jan 30

    Third Circuit Opinion Cites Alain Leibman’s Fox WC Blog Entry

    Third Circuit Opinion Cites Alain Leibman’s Fox WC Blog Entry
    Alain Leibman writes: Those of you who follow, or at least sporadically read, this blog know that it attempts to treat in a considered way important issues facing the white collar bar and our clients.  Still, like any blog, it exists…
Rank this Week: 1196

Delaware eDiscovery Report

Delaware eDiscovery Report

Covers eDiscovery case law, rules, and issues, such confidentiality, sanctions and spoliation. By Morris James LLP.

http://www.delawareediscovery.com/
  • Apr 8

    LegalTech New York 2015 Impression

    LegalTech New York 2015 Impression
    Legal Tech New York 2015 took place in early February and the Morris James eDiscovery team was lucky enough to attend for the third straight year.  The general impression is that the eDiscovery focus has continued to shift away from…
  • Apr 3

    Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 2

    Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 2
    The is the second in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014. The second case is 112359 Factor Fund, LLC and Five Nine Group, LLC v. Flux Carbon Starter Fund, LLC, Mary Carroll, Kevin…
  • Mar 31

    Morris James Launches Data Privacy and Information Governance Group

    Morris James Launches Data Privacy and Information Governance Group
    Morris James LLP has formed a Data Privacy and Information Governance Group. The Data Privacy and Information Governance Group is an interdisciplinary team of corporate and fiduciary duty attorneys, attorneys well-versed in electronic data…
Rank this Week: 1368

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • Apr 6

    Appellate Practice and Procedure Lesson 8: Tips and Strategies for Marketing an Appellate Practice

    Appellate Practice and Procedure Lesson 8: Tips and Strategies for Marketing an Appellate Practice
    This post features the video and slides for the eighth and final lecture in my Appellate Practice and Procedure course. The presentation appears after the jump. Appellate law can be a very difficult practice area to break into. Because legal…
  • Apr 1

    Short-Citing to the Record in the Fifth Circuit

    Short-Citing to the Record in the Fifth Circuit
    I received a copy of this letter in one of my cases: What’s wrong with using the short citation form “id.” when citing the record? As I wrote about here, the Fifth Circuit recently standardized the format for citing…
  • Mar 30

    Appellate Practice and Procedure Lesson 7: Rehearing and Higher Court Review

    Appellate Practice and Procedure Lesson 7: Rehearing and Higher Court Review
    This post features the video and slides for the seventh lecture in my Appellate Practice and Procedure course, which I introduced here. The presentation appears after the jump. How do you convince an appellate court to change its mind when…
Rank this Week: 2764

Litigation & Dispute Resolution…

Litigation & Dispute Resolution Blog

Covers case law and current events relevant to civil litigation in Canada. By Davis LLP.

http://www.davis.ca/en/blog/litigation/
Rank this Week: 839

Information Governance Engagement…

Information Governance Engagement Area

Established with the goal of aggregating key compliance and electronic discovery news for further review, study, and consideration by legal and corporate professionals. By Rob Robinson.

http://infogovernance.blogspot.com/
  • Apr 1

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com
    Effective April 1, 2015, the Information Governance Engagement Area blog will no longer be updated on a regular basis.  New content ranging from news and events to opinions and assertions will now be available exclusively on the…
  • Mar 31

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix
    By John MartinDocuments in file shares, content management systems, and scanned archives are often described as “unstructured.” However, there is typically a high level of structure in and interconnectedness among those documents.…
  • Mar 30

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR
    By John TredennickTechnology assisted review has a transparency problem. Notwithstanding TAR’s proven savings in both time and review costs, many attorneys hesitate to use it because courts require “transparency” in the TAR…
Rank this Week: 54

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/
  • Mar 29

    What is the largest jury pool in history?

    What is the largest jury pool in history?
    At this writing, the answer is 9,000. The first wave of a 9,000-member jury pool – the largest in U.S. history – appeared in a Colorado courtroom…” It is for the trial of James Holmes accused of the 2012 attack at an…
  • 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…
Rank this Week: 3611

New Jersey Attorney Law Review…

New Jersey Attorney Law Review Blog

Reviews published and unpublished civil law decisions of importance issued by the New Jersey Appellate Division and New Jersey Supreme Court. By Glenn Reiser.

http://newjerseylawreview.blogspot.com/
Rank this Week: 4543

Koehlerlegal

Koehlerlegal

Discusses current cases and issues in the law. By Kurt T. Koehler.

http://www.koehlerlegal.blogspot.com/
  • Feb 28

    The Second Amendment and Californa's Mandatory Microstamping Law

    The Second Amendment and Californa's Mandatory Microstamping Law
    In 2007 California enacted a law banning the sale of handguns that lack the ability to imprint the weapon's make, model, and serial number on the cartridge when the bullet is fired.  The purpose of the law is fairly obvious. …
  • Jan 1

    Happy New Year!

    Happy New Year!
    Happy New Year, 2015!Below are some links about the New Year.  Among other things, New York has banned taking selfie photos with tigers, lions, and other big…
  • Dec 19

    Supreme Court Original Jurisdiction

    Supreme Court Original Jurisdiction
    The lawsuit by Nebraska and Oklahoma against Colorado is an interesting development on the legalization issue. This case filed by a state against another state would fall under the original jurisdiction of the Supreme…
Rank this Week: 3891

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: 2670

North Carolina Trusts and Estates…

North Carolina Trusts and Estates Litigation

Covers will, trust, and estate disputes in North Carolina. By Evan Lohr.

https://ncestatelitigation.wordpress.com/
  • Jan 16

    Guardianship of Adults in North Carolina

    Guardianship of Adults in North Carolina
    An overview of guardianship and incompetency in North Carolina. Continue reading →
  • Jan 5

    An Interview With North Carolina’s Senior Administrative Law Judge

    An Interview With North Carolina’s Senior Administrative Law Judge
    Following is an interview I conducted recently with North Carolina’s Senior Administrative Law Judge, Fred G. Morrison, Jr., for the Administrative Lawyer newsletter: A Year of Recognition For more than five decades, Fred Gilbert…
  • Dec 1

    Pitfalls to Avoid in Estate Planning

    Pitfalls to Avoid in Estate Planning
    Several online web sites provide forms for people to create their own wills for a fee less than that of hiring a typical attorney.  Earlier this year, a member of the Florida Supreme Court called that approach “penny-wise and…
Rank this Week: 2121

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: 667

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: 3681

eDiscovery Service Blog

eDiscovery Service Blog

Covers eDiscovery and computer forensic. By D4 eDiscovery.

http://www.d4discovery.com/e-discoveryserviceblog/
Rank this Week: 1579

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: 1244

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: 2087

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: 107

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: 2099

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: 1407

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: 1804

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: 3526

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: 3919

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: 1237

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: 2177

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: 4079

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: 158

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: 1300

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: 3418

Judge Bonnie Sudderth

Judge Bonnie Sudderth

Covers the Texas Rules of Evidence.

http://judgebonniesudderth.wordpress.com/
Rank this Week: 3116

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: 3179

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: 1882

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: 2712

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: 3286

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: 1320

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: 4302

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: 736

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: 203

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: 2816

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: 4127

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: 1553

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: 531