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Appellate Advocacy Blog

Appellate Advocacy Blog

Edited by David R. Cleveland, Kendall D. Isaac, Tonya Kowalski, Elizabeth Berenguer Megale and Randall L. Hodgkinson.

http://lawprofessors.typepad.com/appellate_advocacy/
  • Jul 13

    Is Justice Ginsberg wrong for voicing her opinion on Donald Trump?

    Is Justice Ginsberg wrong for voicing her opinion on Donald Trump?
    This week Supreme Court Justice Ruth Bader Ginsberg drew criticism for her negative public remarks about Republican presidential nominee, Donald Trump. In three separate forums, Justice Ginsberg made remarks about not wanting Trump to become…
  • Apr 7

    What's in a name

    What's in a name
    On March 31, George Mason University School of Law announced that it will be renamed in honor of the late Justice Antonin Scalia. According to a recent article in The National Law Journal by Tony Mauro, the announcement of the...
  • Mar 31

    Short Article on Appellate Advocacy - ABA Student Lawyer Magazine

    Short Article on Appellate Advocacy - ABA Student Lawyer Magazine
    At the risk of shameful self-promotion, and fully aware that there are thousands of articles and blog posts out there providing advice on appellate advocacy practices, I thought readers here might enjoy a short article that I authored and…
Rank this Week: 1518

Resolving Discovery Disputes

Resolving Discovery Disputes

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

http://www.resolvingdiscoverydisputes.com/
  • Jul 13

    Avoiding the Technical Mistakes When Drafting Written Discovery

    Avoiding the Technical Mistakes When Drafting Written Discovery
    Recently I received a telephone call from an attorney wanting to discuss whether opposing party’s objections to her special interrogatories had any merit.  Listening to the list of objections, it was clear that the opposing party…
  • Jun 1

    Discovery and the Motion for Summary Judgment

    Discovery and the Motion for Summary Judgment
    In most practices areas, facts are king. The attorney who can discover and present the best “facts” will be the most persuasive when presenting their case to the judge or jury. However, some cases can be won in…
  • Apr 5

    The Interrogatory Says What it Say

    The Interrogatory Says What it Say
    There are very few discovery cases that come out each year.  Usually they are are significant and involve privileges such as Coito v. Superior Court and Catalina Island Yacht Club v. Superior Court.  The newly reported…
Rank this Week: 3856

Accessibility Defense

Accessibility Defense

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

http://accessdefense.com
  • Jul 11

    “Disability” and “Handicap” are not the same, and it matter

    “Disability” and “Handicap” are not the same, and it matter
    After reading a recent blog in which the author asserted that “handicap” under the Fair Housing Act had the same meaning as “disability” under the Americans with Disabilities Act I thought it would be useful to…
  • Jul 8

    ADA reform legislation moves forward

    ADA reform legislation moves forward
    On July 7 H.R. 3765, the ADA Education and Reform Act of 2015, passed out of the House Judiciary Committee. H.R. 3765 is one of several pending ADA reform bills targeting “drive-by” or serial litigants. They share a common…
  • Jul 6

    First Fix, Then Fight – the foundation of ADA defense.

    First Fix, Then Fight – the foundation of ADA defense.
    “First Fix, Then Fight” has been this blog’s slogan and trademark from the beginning. This isn’t based on a philosophical opposition to litigation, which is sometimes unavoidable, but on a hard headed assessment of the…
Rank this Week: 2182

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/
  • Jul 6

    Scienter Samba

    Scienter Samba
    The Sixth Circuit continues to be a source of interesting opinions regarding corporate scienter.  In 2014, the court held in its Omnicare decision that only a limited set of corporate officers (including officers who had either…
  • May 25

    Shaky Ground

    Shaky Ground
    In Halliburton II, the U.S. Supreme Court held that defendants can rebut the fraud-on-the-market presumption of reliance at the class certification stage with evidence of a lack of stock price impact.  In a typical case, where the…
  • Apr 25

    Tell Me Something New

    Tell Me Something New
    Plaintiffs often establish the existence of loss causation by pointing to a “corrective disclosure” that allegedly revealed the fraud and led to a stock price decline. What a disclosure must contain to be deemed…
Rank this Week: 2335

Tennessee Defense Litigation

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/
Rank this Week: 3459

A Winning Tip

A Winning Tip

Features trial tips from a trial consultant. By Dr. Noelle Nelson.

http://awinningtip.blogspot.com/
  • Jun 30

    Tailor Your Approach to the Deponent Based on Choice, Not Habit

    Tailor Your Approach to the Deponent Based on Choice, Not Habit
    How you approach a witness in deposition has everything to do with how they are likely to respond. If you adopt an aggressive style, you will probably be met with one of two possible responses: either the deponent will fight back, getting…
  • Jun 2

    Build Juror-Compelling Stories: Use the “Boy Meets Girl” Formula

    Build Juror-Compelling Stories: Use the “Boy Meets Girl” Formula
    Facts are boring. Stories are riveting. Facts put jurors to sleep. Stories keep them awake. Facts are essential to the case; stories are what make those facts persuasive. Each case has a story to tell no matter how apparently dry or complex…
  • May 2

    Connect to Jurors With the Specificity of “Who”

    Connect to Jurors With the Specificity of “Who”
    You must connect with jurors if they are to find you convincing and persuasive. One of the prime often most neglected ways to connect effectively with jurors is to get them up to speed with the “Who” in the case early on. Jurors…
Rank this Week: 4487

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/
  • Jun 28

    Update on DOL Persuader Rule

    Update on DOL Persuader Rule
    Many of our clients have been contacted by law firms seeking to enter into agreements designed to avoid the effect of the Department of Labor’s Final Persuader Rule, which was scheduled to go into effect on July 1, 2016. The...
  • Mar 6

    Oregon Supreme Court SLAPPs Down Defamation Lawsuit

    Oregon Supreme Court SLAPPs Down Defamation Lawsuit
    The Oregon Supreme Court recently reversed the Oregon Court of Appeals in Neumann v. Liles, a defamation lawsuit involving a negative review of a wedding venue. The plaintiff, an operator of the venue, was the target of a review on...
  • Mar 3

    EEOC will now release Respondent's position statement to Charging Party during investigation

    EEOC will now release Respondent's position statement to Charging Party during investigation
    In a major policy shift, the EEOC recently announced that it will require release of Respondent's position statements and non-confidential attachments during the an investigation, upon request by Charging Parties or their representatives. The…
Rank this Week: 2449

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • Jun 28

    Motions for Rehearing or Reconsideration En Banc: Why Bother?

    Motions for Rehearing or Reconsideration En Banc: Why Bother?
    While appearing rhetorical, there is a very good reason to bother. My firm recently turned an appellant’s partially favorable result into full relief on rehearing. In doing so, we utilized the Texas appellate procedure rules, which…
  • May 13

    Soaking Up Some CLE

    Soaking Up Some CLE
    I spoke today at TexasBarCLE’s Soaking Up Some CLE Program on South Padre Island—one of my favorite places to visit. My topic was “Jury Charges in Commercial Cases.” For anyone interested, my slidedeck appears here.…
  • Apr 4

    An Appellate Lawyer Walks Into a Bar…

    An Appellate Lawyer Walks Into a Bar…
    No, the headline isn’t a lead-in for an appellate lawyer joke. In all seriousness, I’m announcing my nomination to run for treasurer of the Austin Bar Association. This race will be contested, as one other candidate was also…
Rank this Week: 2620

Beyond Structured Settlements

Beyond Structured Settlements

Covers 468B settlement funds, factoring, medicare set-aside arrangements, settlement planning, special needs trusts and structured settlements. By Patrick Hindert.

http://s2kmblog.typepad.com/rethinking_structured_set/
  • Jun 25

    PFAC 2016 Annual Conference

    PFAC 2016 Annual Conference
    Fiduciary standards, as they relate to product suitability specifically, and to business practices generally, can be expected to become more significant factors in product sales for the traditional structured settlement market as it continues…
  • May 18

    S2P2J Release 59

    S2P2J Release 59
    Despite historically low interest rates and negative PR (most recently this Washington Post Editorial) resulting from the unconscionable business practices of some secondary market companies, the primary structured settlement market continues…
  • Apr 16

    NSSTA 2016 Annual Conference

    NSSTA 2016 Annual Conference
    Len Blonder is a structured settlement pioneer now beginning an unprecedented third term as President of the National Structured Settlement Trade Association (NSSTA). It may seem counterintuitive, therefore, or perhaps wishful thinking, but…
Rank this Week: 2347

Nextpoint's Legal Technology Blog

Nextpoint's Legal Technology Blog

Covers eDiscovery, social media archiving, and trial presentation solutions.

http://www.nextpoint.com/blog/
  • Jun 23

    eDiscovery Planning: Winning the Rule 26(f) Meet-and-Confer

    eDiscovery Planning: Winning the Rule 26(f) Meet-and-Confer
    Rule 26(f) of the Federal Rules of Civil Procedure requires that parties meet early in a litigation to negotiate an eDiscovery plan that will reduce costs and burdens for each side. In 2009, the Sedona Conference issued its own…
  • May 18

    5 Security Tips for Lawyers Working Online

    5 Security Tips for Lawyers Working Online
    As long as attorney work requires access to the sensitive personal records of end clients, law firms will always be a top target for hackers. While SaaS software typically offers greater security and less maintenance than locally installed…
  • Apr 5

    Does Legal Cloud Computing Create Ethical Issues for Attorneys?

    Does Legal Cloud Computing Create Ethical Issues for Attorneys?
    As is often the case with new technologies, the concept of storing legal data in the cloud battled its share of skeptics before it gained wide acceptance from vendors and law firms alike. Let’s face it, the imagery it conjures up…
Rank this Week: 2214

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
Rank this Week: 3956

Nick Woolridge, Esq. Blog

Nick Woolridge, Esq. Blog

Covers commercial and civil litigation in New York.

http://www.nylitigationfirm.com/blog
Rank this Week: 1613

Western Canada Business Litigation…

Western Canada Business Litigation Blog

Covers issues emerging in the legal and business communities. By Lawson Lundell LLP.

http://www.westerncanadabusinesslitigationblog.com/
  • Jun 14

    Supreme Court safeguards solicitor-client privilege from requests under the Income Tax Act

    Supreme Court safeguards solicitor-client privilege from requests under the Income Tax Act
    In companion cases released on June 3, 2016, the Supreme Court of Canada (the “SCC”) confirmed the central importance of solicitor-client privilege to the rule of law in Canada. In Canada (National Revenue) v. Thompson, 2016 SCC…
  • May 25

    Disclosure Obligations in Residential Real Estate Transaction

    Disclosure Obligations in Residential Real Estate Transaction
    The residential real estate market in the Lower Mainland is incredibly active. Prices continue to rise by significant amounts in a matter of weeks, sometimes days. Stories abound of bidding wars and sales without subject clauses. Out of…
  • May 4

    “Today just got better”… unless you had a prepaid cellphone card from Bell Mobility

    “Today just got better”… unless you had a prepaid cellphone card from Bell Mobility
    Bell Mobility’s slogan may ring hollow for some Canadians in light of the Ontario Court of Appeal’s decision in Sankar v. Bell Mobility Inc., 2016 ONCA 242, which will likely end the $200-million class action involving as many as…
Rank this Week: 3118

Trial Lawyer Communication Tips…

Trial Lawyer Communication Tips for EVERYONE!

Shares almost 3 decades of trial lawyer communication tips to help you make an impact, fascinate others, and close deals like the best trial lawyers in the world! By Mitch Jackson.

http://mitchjackson.com
  • Jun 13

    Great Speakers Know This Secret!

    Great Speakers Know This Secret!
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
  • Mar 25

    Telling Stories in Business- A BIG Mistake Many People Make!

    Telling Stories in Business- A BIG Mistake Many People Make!
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
  • Mar 13

    Persuade Better Using These Three Simple Techniques!

    Persuade Better Using These Three Simple Techniques!
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
Rank this Week: 2534

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/
  • Jun 9

    The Powers and Duties of a Guardian of an Incompetent Adult in North Carolina

    The Powers and Duties of a Guardian of an Incompetent Adult in North Carolina
    The Responsibilities of a Legal Guardian in North Carolina Continue reading →
  • Jun 7

    Applying for Probate in North Carolina

    Applying for Probate in North Carolina
    Any executor named in a will may, at any time after the death of the testator, apply to the clerk of the superior court to have the will admitted to probate. If no named executor applies to have the will proved … Continue reading…
  • Jun 7

    Applying for Probate in North Carolina

    Applying for Probate in North Carolina
    Any executor named in a will may, at any time after the death of the testator, apply to the clerk of the superior court to have the will admitted to probate. If no named executor applies to have the will proved … Continue reading…
Rank this Week: 2046

Dispute Resolution in Germany

Dispute Resolution in Germany

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

http://www.disputeresolutiongermany.com/
Rank this Week: 3004

Chicago Law Source

Chicago Law Source

Features articles on real estate litigation and legal representation. By Alisa Levin.

http://chicagolawsource.blogspot.com/
  • May 26

    Pssst!!!! Got a Contract With Your Lawyer? Be Sure You Understand It!

    Pssst!!!! Got a Contract With Your Lawyer? Be Sure You Understand It!
    Has Your Lawyer Given You a Contract or Retainer Agreement?  Check it before you wreck it! Hello and happy holidays from Alisa Levin at Levin Law, Ltd.!  I had an interesting thing happen recently and it reminded me that sometimes clients…
  • May 26

    If You Don't Want an Attorney to Do Things For You, Then Do Not Hire One!

    If You Don't Want an Attorney to Do Things For You, Then Do Not Hire One!
    Hi All! Happy almost-summer in the Chicagosphere, I hope you are all well.  I have an interesting situation to write about today - so I thought I would share in my usual fashion, as news you can use... so let's go!  Recently, a former…
  • Feb 23

    Stop Arguing With Pigeons! How Dealing With Self-Represented or Being Self Represented Can be Disaster

    Stop Arguing With Pigeons! How Dealing With Self-Represented or Being Self Represented Can be Disaster
    Hi All!  Happy Late-Winter (or just not snowing) as they say in Chicago!  I've missed you and been so busy that I haven't had much time to write.  However, what has been plaguing me is something I decided to write about today.  That is:…
Rank this Week: 4045

Alaska Law Blawg

Alaska Law Blawg

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

http://aloinc.com/alaska-law-blawg/
  • May 24

    Alaska Bar Assoc. — Bankruptcy Section

    Alaska Bar Assoc. — Bankruptcy Section
    By: Clayton Walker We just spoke at the Alaska Bar Association — Bankruptcy Section on the issue of the Alaska usury statute.  We had less than two hour notice to prepare for the presentation.  The materials are available at…
  • May 11

    Alaska Usury Rate is 10.5% on Loans Exceeding $25,000.00

    Alaska Usury Rate is 10.5% on Loans Exceeding $25,000.00
    By: Clayton Walker I’ve been told that the following Alaska Usury decision has stirred up a hornets nest with the Alaska Creditor’s Bar Association. Cox v. Cooper, 3AN-15-10101 CI (Alaska Sup. Ct., 18 Apr. 2016) (J. Morse).…
  • Apr 29

    Alaska Usury Interest Rule

    Alaska Usury Interest Rule
    By: Clayton Walker Has your lender violated Alaska usury laws?  Have you paid more than 10.5% interest on loans larger than $25,000.00? Are the loans from a person or non-bank? Do you still owe or have you paid any interest in the past…
Rank this Week: 2672

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/
  • May 3

    Video Enhancement: Smoking Gun Video Convinces Prosecutor Not to Press Charge

    Video Enhancement: Smoking Gun Video Convinces Prosecutor Not to Press Charge
    It was the old axiom, he said, she said. The blowback and statements made by each party in the alleged assault charges between Donald Trump campaign manager Corey Lewandosky and reporter Michelle Fields at a Trump rally in Jupiter, Florida…
  • Oct 28

    Settlement Videos: How to Rocket Your Case to Settlement

    Settlement Videos: How to Rocket Your Case to Settlement
    Outlining the composition of this post while standing on my terrace last Monday morning staring at the beautiful sight of the space shuttle Endeavour climbing through the clear, morning sky, I thought about the sheer power it must take to…
  • Oct 27

    Day in the Life Videos: 3 Helpful Hints to Producing a Powerful Exhibit

    Day in the Life Videos: 3 Helpful Hints to Producing a Powerful Exhibit
    Every catastrophic injury case requires you to produce a Day in the Life exhibit for your trial presentation. To help guide you in producing a powerful and compelling exhibit that portrays to the jury the extent, both physical and…
Rank this Week: 3375

Trial and Appeals Blog

Trial and Appeals Blog

Covers law and society. By Thomas Wade Young.

http://www.twylaw.com/blog
  • May 3

    Florida Supreme Court Disciplines 24 Lawyer

    Florida Supreme Court Disciplines 24 Lawyer
    According to THIS press release, the Supreme Court of Florida recently disciplined 24 lawyers — “disbarring four, revoking the licenses of four, suspending nine and publicly reprimanding seven. Five attorneys were also placed on…
  • Apr 28

    Florida Supreme Court overturns mandatory attorney’s fee schedule for workers’ compensation case

    Florida Supreme Court overturns mandatory attorney’s fee schedule for workers’ compensation case
    By a vote of 5 to 2, the Supreme Court of Florida today declared the  mandatory fee schedule in section 440.34, Florida Statutes, unconstitutional in Castellanos v. Next Door Company.  This case asks us to evaluate the…
  • Apr 26

    Court Continues Trend of Enhancing Proposed Discipline

    Court Continues Trend of Enhancing Proposed Discipline
    With yesterday’s order in the case of Seminole County Judge Jerri Collins, The Supreme Court of Florida continues its trend of rejecting proposed discipline of lawyers and judges that the Court views as too light. [T]he Court rejects…
Rank this Week: 4175

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: 4234

Thoits Law Blog

Thoits Law Blog

Discusses important legal developments in the areas of business, employment, intellectual property, litigation, real estate, and estate planning. By Thoits, Love, Hershberger & McLean.

http://www.thoitslaw.com/blog/
  • Apr 29

    Authenticating Electronic Agreements and Signature

    Authenticating Electronic Agreements and Signature
    A new California Court of Appeal decision, Espejo v. Southern California Permanente Medical Group, elaborates on how to prove that documents signed online, digitally, are authentic, and therefore have the same effect as a handwritten…
  • Mar 9

    New Harassment Policies Required in California

    New Harassment Policies Required in California
    Employers in California should immediately review their harassment policies to ensure compliance with California's new harassment prevention regulations. California law mandates that employers have an affirmative duty to prevent harassment…
  • Apr 8

    You Really, Really Need a Shareholder Buy-Sell Agreement

    You Really, Really Need a Shareholder Buy-Sell Agreement
    ...a relatively small investment of time spent on the fundamentals can yield significant dividends in the future – and help to avoid much distress. And, the first fundamental, particularly for founders who do not anticipate seeking venture…
Rank this Week: 4891

Attorney R. Tamara de Silva's…

Attorney R. Tamara de Silva's Blawg

Constitutional matters, politics, Wall Street matters, important cases and lots of opinions.

http://www.desilvalawoffices.com/Chicago-Litigation.aspx
Rank this Week: 2910

Joseph C. Markowitz Blog

Joseph C. Markowitz Blog

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

http://jcmarkowitz.com/blog/
  • Apr 22

    Four client

    Four client
    The wise client approaches the initial consultation with a lawyer with some ideas of what the client is trying to accomplish and with some perspective on his or her own situation. For such clients, the lawyer should be prepared to explain…
  • Dec 1

    Spotlight

    Spotlight
    The new movie Spotlight might be about the most exciting drama that could be made about filing a motion to unseal court records. (Some viewers might say that the movie is also about how a team of investigative journalists uncovered widespread…
  • Nov 15

    Trumbo

    Trumbo
    After the title character is seen getting fired and blacklisted in the new movie Trumbo, I’m thinking, as most lawyers would, that he should sue! Dalton Trumbo was a highly paid screenwriter under contract to MGM at the time, and would…
Rank this Week: 1850

Virginia Employment Law Blog

Virginia Employment Law Blog

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

http://www.virginiaemploymentlawblog.com/
  • Apr 12

    Fairfax County training officers on new use-of-force policy

    Fairfax County training officers on new use-of-force policy
    The Fairfax County Police Department will be performing "re-engineering" training of its entire force to ensure that officers understand and comply with a new use-of-force policy, according to NBC Washington.
  • Apr 1

    Hawaii Likely to Join Virginia in Protecting Employees’ Social Media Account

    Hawaii Likely to Join Virginia in Protecting Employees’ Social Media Account
    The Hawaii state legislature is considering a bill that would make it more difficult for employers to access the social media profiles of their employees and prospective employees. HB 1739 recently made it through the Hawaii House and was…
  • Mar 30

    Georgia Governor to Veto Religious Liberty Bill

    Georgia Governor to Veto Religious Liberty Bill
    After last week’s passage and signature of North Carolina’s House Bill 2, which discriminates against transgender individuals, North Carolina and other states who have adopted or are considering similarly discriminatory laws…
Rank this Week: 1595

Defense Litigation Insider

Defense Litigation Insider

Covers complex litigation issues. By Cooley Manion Jones.

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

    Legal Ethics 2.0: Massachusetts Makes Changes to its Rules of Professional Conduct – Outsourcing Client Work

    Legal Ethics 2.0: Massachusetts Makes Changes to its Rules of Professional Conduct – Outsourcing Client Work
    Jonathan F. Tabasky and Brittany Campbell Last summer the Massachusetts Supreme Judicial Court (SJC) made several significant changes to the Massachusetts Rules of Professional Conduct (Mass. R. Prof. C.). Previous posts highlighted some of…
  • Mar 1

    Jury Awards Plaintiff Unprecedented Damages Award in Cosmetic Talc Case

    Jury Awards Plaintiff Unprecedented Damages Award in Cosmetic Talc Case
    Stephanie M. Batchelder and Carolyn E. Riggs A recent jury verdict linking the use of Johnson & Johnson baby powder to a woman’s death from ovarian cancer received mainstream media attention, begging the question of whether common…
  • Aug 13

    The Reptile Slithers Into Massachusetts and Makes History

    The Reptile Slithers Into Massachusetts and Makes History
    Eric Skelly and Andrew Shriro In what is believed to be one of the largest verdicts for a sexual assault victim in Massachusetts history, Kira Wahlstrom*, now 41 years old, was awarded $6.6 million dollars as a result of a parking garage…
Rank this Week: 3854

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: 2076

Texas Causes of Action Blawg

Texas Causes of Action Blawg

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

http://causeofactionelements.blogspot.com/
  • Mar 2

    Laches explained (equitable remedy)

    Laches explained (equitable remedy)
    WHAT IS LACHES AND WHEN CAN IT BE INVOKED? "[L]aches is an equitable remedy that prevents a plaintiff from asserting a claim due to a lapse of time."Bluebonnet Sav. Bank, F.S.B. v. Grayridge Apartment Homes, Inc., 907 S.W.2d 904,…
  • Feb 4

    Right to an offset is an affirmative defense

    Right to an offset is an affirmative defense
      RIGHT TO OFFSET: WHO HAS BURDEN TO PLEAD AND PROVE IT? The right to an offset is an affirmative defense, and the burden of pleading offset and of proving facts necessary to support it are on the party making the…
  • Sep 22

    OAG v Weatherspoon (Tex 2015) Texas Supreme Court keeps whittling away at Whistleblower protection

    OAG v Weatherspoon (Tex 2015) Texas Supreme Court keeps whittling away at Whistleblower protection
    Supreme Court Justices continue to dismantle the Texas Whistleblower Act  Comment on Office of the Attorney General v Ginger Weatherspoon, No. 14-0582 (Tex. Sep. 18, 2015)  Here we go again. In an opinion handed down last…
Rank this Week: 2885

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: 1498

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/
  • Feb 17

    Mr. O'Donnell Successfully Defends Alaska Bar Association Counsel

    Mr. O'Donnell Successfully Defends Alaska Bar Association Counsel
    Mr. O'Donnell successfully represented Alaska Bar Association Counsel who were sued for allegedly violating the constitutional rights of a former Alaska District Court Judge in the course of seeking to have the plaintiff placed on interim…
  • Feb 17

    Mr. O'Donnell Successfully Defends Alaska Bar Association Counsel

    Mr. O'Donnell Successfully Defends Alaska Bar Association Counsel
    Mr. O'Donnell successfully represented Alaska Bar Association Counsel who were sued for allegedly violating the constitutional rights of a former Alaska District Court Judge in the course of seeking to have the plaintiff placed on interim…
  • Oct 7

    Mr. O'Donnell inducted into the American College of Trial Lawyer

    Mr. O'Donnell inducted into the American College of Trial Lawyer
    Mr. O'Donnell recently received the honor of being one of the few Alaska attorneys inducted as a Fellow in the American College of Trial Lawyers. "The American College of Trial Lawyers, founded in 1950, recognizes the very best trial…
Rank this Week: 2031

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/
  • Feb 15

    Landlord "Inadvertently" Sends Notice To Leave To Tenant

    Landlord "Inadvertently" Sends Notice To Leave To Tenant
    On January 27, 2016, WKRN reported that dozens of tenants at the Howe Garden Apartments in East Nashville received notices that they were to leave their apartments in the middle of the lease. This obviously left tenants, who still had months…
  • Oct 6

    So You've Been Placed on the Abuse Registry

    So You've Been Placed on the Abuse Registry
    Most of our clients who are dealing with allegations from the Department of Health are fighting to keep their name off the abuse registry. More recently we have been contacted by individuals who have found out that their name has been placed…
  • Oct 6

    4-5-320(c) Notifications: Fighting for your License

    4-5-320(c) Notifications: Fighting for your License
    Whether you are a nurse, doctor or pharmacist, your professional license is your livelihood. Theses licenses are governed by specific Boards as part of the Tennessee Department of Health and have the power to suspend and even revoke your…
Rank this Week: 1549

Insurance Defense Blog

Insurance Defense Blog

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

http://www.insurancedefenseblog.us/
  • Feb 12

    Crime stats and map - Fairfax County, Virginia

    Crime stats and map - Fairfax County, Virginia
    Here is a link to a crime mapping website, that will give you the date, location, and type of crimes reported in Fairfax County for any date range. http://www.fairfaxcounty.gov/policeevent... Makes me wonder if any other jurisdictions around…
  • Nov 20

    A handy unofficial website that does a…

    A handy unofficial website that does a statewide search of all Virginia circuit courts BUT FFX and Alexandria. http://vacircuitcourtsearch.com/
  • Jul 26

    Misclassification of employees as independent contractors under FSLA

    Misclassification of employees as independent contractors under FSLA
    A headline in the Christian Science Monitor caught my eye the other day: "Are you an independent contractor? Probably not, Labor Department says." The article goes on to discuss a new Department of Labor ruling concerning the…
Rank this Week: 3206

California Business Litigation…

California Business Litigation Attorney Blog

Covers business litigation, real estate, and equine law. By Adina T. Stern.

http://www.californiabusinesslitigationattorneyblog.com/
  • Feb 10

    Is it Legal? Listing a Property on Airbnb or VRBO in California

    Is it Legal? Listing a Property on Airbnb or VRBO in California
    All too often new ideas get ahead of the law. Airbnb and VRBO are examples of just such a situation. Real estate lawyers are being inundated with calls from landlords who are receiving citations from their cities, fines from their…
  • Feb 10

    What You Should Know About Airbnb and VRBO

    What You Should Know About Airbnb and VRBO
    All too often new ideas get ahead of the law. Airbnb and VRBO are examples of just such a situation. Real estate lawyers are being inundated with calls from landlords who are receiving citations from their cities, fines from their…
  • Dec 14

    Hiring a Contractor: What you Need to Know About California Residential Remodeling and Construction Contract

    Hiring a Contractor: What you Need to Know About California Residential Remodeling and Construction Contract
    No matter where in Southern California you live, and no matter how long ago your home was built, remodeling and making improvements to your home is a generally a good idea. Whether you are knocking out a non-structural wall to create more…
Rank this Week: 3603

Deliberations

Deliberations

Covers laws, news, and thoughts on juries and jury trials. By Anne Reed.

http://jurylaw.typepad.com/deliberations/
  • Jan 15

    Common Recruiting Questions and Ways to Address Them

    Common Recruiting Questions and Ways to Address Them
    Chapter One: Making the First Cut By Charlotte (Charli) A. Morris, M.A. In Nashville, at the 2015 ASTC Conference, a panel of experienced members led a master class on a wide variety of topics related to the business of being a trial…
  • Dec 28

    Welcome Back

    Welcome Back
    Deliberation Readers, We are excited to be re-launching Deliberations, the Blog of the American Society of Trial Consultants (ASTC). The goal of this blog is to serve as a forum and educational resource that stimulates discussion amongst…
  • 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…
Rank this Week: 1554

Faruki, Ireland & Cox P.L.L.…

Faruki, Ireland & Cox P.L.L. Business Litigation Blog

Covers data security, intellectual property, advertising & media, and business litigation.

http://businesslitigationinfo.com
  • Nov 24

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER
    *     On September 17, 2015, Jeff Ireland and Jade Smarda, obtained a temporary restraining order on behalf of a local financial services firm in a trade secrets case. *     Jeff Sharkey and…
  • Nov 20

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace
    We use social media all the time. Make it a point during the day to notice how often you see a friend or colleague checking a Facebook update or sending a tweet (or giving you a three-star rating on the new Peeple app).  People are on…
  • Nov 16

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 2464

New York Civil Law

New York Civil Law

A forum for New York Appellate Law, Civil Procedure, Insurance Coverage and Defense. By Matthew Lerner.

http://nylaw.typepad.com/new_york_civil_law/
  • Oct 21

    Nominees for Chief Judge Position on New York Court of Appeal

    Nominees for Chief Judge Position on New York Court of Appeal
    Capital New York published this article on the nominees for the Chief Judge position of the New York Court of Appeals.
  • Apr 13

    New Edition of The Appeals Attorney

    New Edition of The Appeals Attorney
    "The Appeals Attorneys" is a publication from my firm's Appellate Advocacy Group. It includes summaries of cases that will be heard by the high courts in Connecticut, New Jersey, New York, and Pennsylvania. For New York, this edition includes…
  • Apr 10

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

    Governor Cuomo Nominates Justice Sheila Abdus-Salaam to the New York Court of Appeal
    I'm posting about a story that broke last Friday, but better late than never. Governor Cuomo nominated Justice Sheila Abdus-Salaam to the New York Court of Appeals on Friday, April 5, 2013 to fill the seat previously held by the...
Rank this Week: 2093

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/
  • Sep 22

    Comcast Bungles Telephone Number

    Comcast Bungles Telephone Number
    If you called my office the last couple of days, you got a recorded message saying you reached a number that is no longer in service. That’s true — it is no longer in service. Temporarily anyway, until Comcast fixes a…
  • Aug 2

    Curing Writer’s Block With Oscar Peterson

    Curing Writer’s Block With Oscar Peterson
    Overwhelmed by the white screen? Let Oscar Peterson’s piano massage your creative synapses with this 1964 version of C Jam Blues. (Ray Brown on bass and Ed Thigpen on drums.) And remember this tried and true method to forge through…
  • Jul 31

    #ChangeTheLawIn5Words?

    #ChangeTheLawIn5Words?
    Law should seek personal liberty. ABA asked: How would you #ChangeTheLawIn5Words?
Rank this Week: 2812

The Velvet Hammer

The Velvet Hammer

Covers depositions, direct exams, opening statements and other trial tips. By Karen Koehler.

http://www.karenkoehlerblog.com
  • Aug 21

    If at first you don’t succeed… moving to stop improper deposition objection

    If at first you don’t succeed… moving to stop improper deposition objection
    Ms. A (she of the 257 objections ) is defending another deposition.  This time of an electrical expert.  Her stream of objections has not changed course since Mr. T’s deposition. I challenge her on the record.  This…
  • Aug 19

    Is it improper to object 257 times in a deposition.

    Is it improper to object 257 times in a deposition.
    The Tale of Mr. T has one more chapter.  Following part 2 of his deposition, I am on a seminar panel for AAJ in Montreal along with Federal Judge Bennett.   He is talking about his now famous order sanctioning a national…
  • Aug 8

    Nala goes kayaking

    Nala goes kayaking
    Oh goodie.  Oh goodie.  Yay.  Yippee. We are up here at the cabin.  Am looking out the window in the living room.  Watching her carry the little blue kayak down the hill.  She is trying to mimic Sol who balances…
Rank this Week: 3915

Class Action Defense Blog

Class Action Defense Blog

Covers CAFA, class certification, employment law, FCRA, FDCPA and multidistrict litigation. By Michael Hassen of Jeffer Mangels Butler & Mitchell LLP.

http://classactiondefense.jmbm.com/
Rank this Week: 2330

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: 4216

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: 1800

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: 1559

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: 3432

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: 1679

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…
  • 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,…
Rank this Week: 3417