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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: 2086

Insurance Defense Blog

Insurance Defense Blog

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

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

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

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

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

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

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

    Maryland federal court decision on broker's failure to procure insurance
    In a recent case, a homeowner brought suit in Maryland federal court against her insurance broker for negligence, breach of fiduciary duty, negligent misrepresentation, intentional misrepresentation, and fraud, after her house sustained fire…
Rank this Week: 2256

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: 1719

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: 2406

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: 1923

Jeff Vail

Jeff Vail

Covers litigation checklists, litigation knowledge management, strategy, and the future of litigation.

http://www.jeffvail.net/
  • Feb 6

    Colorado Litigation Report

    Colorado Litigation Report
    Take a look at the Colorado Litigation Report, a site with very useful, short summaries of Colorado appellate opinions (best of all, published on a very regular basis, unlike this blog of late...  but soon to change).
  • Jul 19

    The Oil Drum

    The Oil Drum
    Sadly, one of my favorite websites (and a website where I was previously a contributing author), www.theoildrum.com, is shutting down (actually converting to an archive, there will just be no new content).  There are a variety of reasons…
  • Dec 27

    Preserving ESI on Twitter

    Preserving ESI on Twitter
    Once litigation is “reasonably anticipated,” parties have an obligation to preserve all potentially relevant material.  That obligation extends to information reasonably under a party’s control, even if it is not…
Rank this Week: 2521

The Trial Warrior Blog

The Trial Warrior Blog

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

http://thetrialwarrior.com/
  • Jan 29

    So Long, Farewell

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

    2014 Canadian International Law Students Conference

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

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

    The Trial Warrior Blog, But Not Yours Truly, Gets Cited By An Ontario Court
    [15]           The plaintiffs rely on a document entitled The Trial Warrior Blog dated November 11, 2013 that discusses Kaynes v. BP, 2013 ONSC 5802 (CanLII), 2013 ONSC 5802…
Rank this Week: 2363

Hawaii Attorney Blog

Hawaii Attorney Blog

Covers Hawaii civil procedure and trial practice, commercial litigation, hawaii real estate litigation, mediation and arbitration, and personal injury. By Philip Brown.

http://legalblog.hawaii-attorney.net/
  • Dec 12

    Philip R. Brown Named One of Hawaii’s Best Lawyers in Honolulu Magazine

    Philip R. Brown Named One of Hawaii’s Best Lawyers in Honolulu Magazine
    Philip R. Brown of the Law Offices of Philip R. Brown has once again been named to Honolulu Magazine’s Annual Best Lawyers in Hawaii.  This is the Fourth consecutive year that Mr. Brown has been listed among Hawaii’s best…
  • Dec 3

    Keep the North Shore Country Files Suit To Halt Expansion Of Turtle Bay Resort

    Keep the North Shore Country Files Suit To Halt Expansion Of Turtle Bay Resort
    On December 2, 2013, firm client Keep the North Shore Country (“KNSC”) filed a lawsuit asking the Circuit Court to require Turtle Bay Resort, LLC (“Turtle Bay”) to properly study the environmental impacts of its…
  • Nov 15

    Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney-Part 2

    Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney-Part 2
    As we wrote in our previous blog (found here), the procedure in U.S. District Court pro hac vice admission is different than in Hawaii State Court since, generally, the mainland attorney seeking pro hac vice admission is already admitted to a…
Rank this Week: 2248

The Florida Jury Selection Blog

The Florida Jury Selection Blog

Covers voir dire, cause challenges, juror concealment, non-verbal behavior, and peremptory challenges. By Robert W. Kelley.

http://www.juryblog.com
  • Jan 30

    How to Save a Potentially Contaminated Jury Panel

    How to Save a Potentially Contaminated Jury Panel
    During jury selection in a civil trial a prospective juror stated in open court that he was familiar with one of the defendant’s expert medical witnesses. The juror said the expert had “kind of screwed-up my dad’s…
  • Sep 11

    Failure to Conduct Juror Background Check During Trial May Constitute Lack of Due Diligence

    Failure to Conduct Juror Background Check During Trial May Constitute Lack of Due Diligence
    The Third District Court of Appeal recently held that the failure of trial counsel to perform background checks during trial on the members of the jury  – as was suggested by the judge be done during this trial  – may constitute a lack…
  • Sep 6

    Failure to Conduct Background Check on Jurors During Trial May Constitute Lack of Due Diligence

    Failure to Conduct Background Check on Jurors During Trial May Constitute Lack of Due Diligence
    Last week the Third District Court of Appeal held that the failure of trial counsel to perform background checks during trial on the members of the jury  – as was suggested by the judge be done during this trial  - may constitute a lack…
Rank this Week: 1926

California Civil Litigation

California Civil Litigation

Covers recent decisions of the California Courts that are of interest to the civil litigation practitioner. By Pamela Fasick.

http://californiacivillitigation.blogspot.com/
  • Jan 15

    Big Change in the Parol Evidence Rule

    Big Change in the Parol Evidence Rule
    The California Supreme Court Discards the State's Idiosyncratic Interpretation of the Fraud Exception Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association (No. S190581, January 14, 2013) The California Supreme Court…
  • Oct 27

    A Judgment Without Previous Notice of Lawsuit

    A Judgment Without Previous Notice of Lawsuit
    I Was Informed There's a Judgment Against Me But I Never Heard of Any LawsuitIt's relatively unusual for a person who had no notice that they had been named as a defendant in a civil action to be informed that there is a civil judgment…
  • May 11

    Hospital's Suit For Reimbursement Is Not Preempted by ERISA

    Hospital's Suit For Reimbursement Is Not Preempted by ERISA
    Court of Appeal Reverses a Judgment Sustaining a Demurrer by Blue CrossCoast Plaza Doctors Hospital v. Blue Cross of California (B205892, May 11, 2009)11 p.
Rank this Week: 1699

David F. Sugarman

David F. Sugarman

Covers class action cases, civil justice issues and consumer law matters. By David Sugarman.

http://www.davidsugerman.com/
  • Nov 13

    For those facing collections efforts from Sallie Mae for Western Culinary Inst./Le Cordon Bleu Portland tuition

    For those facing collections efforts from Sallie Mae for Western Culinary Inst./Le Cordon Bleu Portland tuition
    So we’ve been hearing a lot from class members about Sallie Mae efforts at collection of debts arising from loans for those who attended Western Culinary Institute and Le Cordon Bleu Portland who are part of the class action against those…
  • Sep 13

    Moving to dismiss the appeal brought by Career Education Corp and Western Culinary

    Moving to dismiss the appeal brought by Career Education Corp and Western Culinary
    For those interested, I’m posting our recent motion to dismiss and motion for reconsideration in Surrett v. Career Education Corp., our consumer fraud class against Career Education Corp for Western Culinary Institute/Le Cordon Bleu…
  • Sep 5

    Oregon Qarmat Ali vets’ case against KBR headed to trial

    Oregon Qarmat Ali vets’ case against KBR headed to trial
    Today, Judge Papak issued another summary judgment opinion denying KBR’s motions for summary judgment on fraud and negligence. Here is a PDF copy: 512 – opinion & order – fraud and neglig It’s a long opinion, but it provides a really…
Rank this Week: 1677

352nd District Court

352nd District Court

Features summaries of interesting and notable cases from the 352nd District Court of Texas. By Judge Bonnie Sudderth.

http://352nddistrictcourt.wordpress.com/
  • Feb 25

    2008 – The Tragic Mother and Child Reunion

    2008 – The Tragic Mother and Child Reunion
    The plaintiff’s attorney began the Original Petition for his client with this succinct statement: ”This is a case of great sadness, high emotion and the need for precise and immediate action by the Court.” 
  • Dec 11

    2011 – Death and Taxes … and Chicken

    2011 – Death and Taxes … and Chicken
    The sole issue in this case was at what point in the life of a chicken does the chicken lose its tax-exempt status as poultry? When this lawsuit was filed in 2011, Pilgrim’s Pride was the second-largest chicken producer in the world.  A…
  • Nov 20

    1998 – The God Pod

    1998 – The God Pod
    Two former Tarrant County jail inmates and a college professor filed suit in the 352nd District Court against Tarrant County and the Tarrant County Sheriff for operating a particular jail “pod” designated as the CEU (Chaplain’s…
Rank this Week: 2167

Chicago Business Litigation…

Chicago Business Litigation Attorney Blog

Covers breach of contract, implied contract, oral contracts, defamation, and unjust enrichment. By Tamari & Blumenthal, LLC.

http://www.chicagobusinesslitigationattorneyblog.com/
  • Jul 6

    Supreme Court Issues Ruling On Challenging Fairness of Arbitration Clause

    Supreme Court Issues Ruling On Challenging Fairness of Arbitration Clause
    Ruling in favor of the appellant, the Supreme Court established a standard for challenging the fairness of arbitration clauses in court. See Rent-A-Center, West v. Jackson, 2010 WL 2471058
  • Mar 2

    Supreme Court Applies Stricter Pleading Standard for Civil Action

    Supreme Court Applies Stricter Pleading Standard for Civil Action
    In Ashcroft v. Iqbal, the Supreme Court reinforced the Twombly Court’s interpretation of Federal Rule of Civil Procedure 8(a)(2). Ashcroft v. Iqbal, 129 S.Ct. 1937, (2009). In Twombly, the Court developed a plausibility standard to…
  • Feb 4

    Illinois Courts Define Respondeat Superior

    Illinois Courts Define Respondeat Superior
    In Illinois, an employer is subject to vicarious liability for his employees under the doctrine of respondeat superior. Bank of America, N.A. v. Bird.392 Ill.App.3d 621, 911 N.E.2d 1239, 331 Ill.Dec. 1009 (2009). Under this doctrine, an…
Rank this Week: 2006

Harvey Kruse, P.C. Blog

Harvey Kruse, P.C. Blog

Covers Michigan business law and litigation topics.

http://www.harveykruse.com/blog
  • Apr 1

    U.S. Supreme Court Adopts “Nerve Center” Diversity Jurisdiction Test

    U.S. Supreme Court Adopts “Nerve Center” Diversity Jurisdiction Test
    In Hertz Corp. v. Friend, 2010 U.S. LEXIS 1897 (Feb. 23, 2010), the United States Supreme Court finally resolved a split among the circuits on how to analyze where a corporation’s “principal place of business” is for purposes of…
  • Oct 19

    PROPOSED LEGISLATION WOULD IMPOSE $1 MILLION FINES ON INSURANCE COMPANIES

    PROPOSED LEGISLATION WOULD IMPOSE $1 MILLION FINES ON INSURANCE COMPANIES
    Several Michigan State Representatives have taken steps to enact legislation to hold insurance companies “accountable” for perceived misdeeds.  State Representatives Vicki Barnett, Mike Simpson, Lisa Brown and Jon Switalski have proposed…
  • Oct 19

    Should Your Company Hire National Trial Counsel?

    Should Your Company Hire National Trial Counsel?
    As product liability lawsuits continue to cut into slim margins of profit in recession based sales, many companies are looking for a solution.   Repeated lawsuits, even those without merit, are frequently rewarded by settlements that…
Rank this Week: 2518

jurygeek

jurygeek

Covers jury issues, research, and verdicts. By Clay S. Conrad.

http://jurygeek.blogspot.com/
  • Apr 16

    Testing the waters...

    Testing the waters...
    I'm thinking of blogging again.I'm inspired by Mark Bennett's Defending People, and I do believe that everyone is entitled to an opinion -- mine. So perhaps I should start sharing it again.However, I intend to be an occasional blogger --…
  • Apr 13

    An Interesting Conversation on Rights, Powers, and Lie

    An Interesting Conversation on Rights, Powers, and Lie
    Mark Bennett, a Houston criminal defense attorney, recently started a conversation on State's Rights. His position is that the State has no rights; the State has powers.
  • Nov 21

    Definitional Shift -- Jury Reform Pt. II

    Definitional Shift -- Jury Reform Pt. II
    It is amazing what the passage of time can do to the meaning of a word. Consider, for example, the simple word "jury." Article III, Sec. 2, the Sixth Amendment, and the Seventh Amendment all guarantee Americans the right to a jury in…
Rank this Week: 1928

Kentucky Court Report

Kentucky Court Report

Provides updates of decisions, argument calendars, news and developments for the Supreme Court of Kentucky and Kentucky Court of Appeals. By Michael Stevens.

http://kycourtreport.com/
Rank this Week: 3244

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

http://delawaretrialpractice.foxrothschild.com/
  • Nov 21

    So, You Want To Amend Your Complaint . . .

    So, You Want To Amend Your Complaint . . .
    So, you want to amend your complaint to add a claim after the statute of limitations has expired.  Is it possible? The short answer is yes, it may be possible.  As the Superior Court decision recently issued in the…
  • Nov 18

    November Is National Adoption Month!

    November Is National Adoption Month!
    November has been declared National Adoption Month! A Proclamation signed by President Obama designates November as National Adoption Month and states: BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Every year, adoptive…
  • Nov 15

    Family Court – Unique Rules For A Court of Special Jurisdiction Part II

    Family Court – Unique Rules For A Court of Special Jurisdiction Part II
    Any exploration of the unique nature of the Family Court Civil Rules of Civil Procedure must include a review of Rule 26, regarding the general provisions regarding discovery.  In many trial courts, Rule 26…
Rank this Week: 3324

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Nov 21

    The Serial Podcast & the Admission of Hae Min Lee's 62 Page Diary at Syed Adnan's Murder Trial

    The Serial Podcast & the Admission of Hae Min Lee's 62 Page Diary at Syed Adnan's Murder Trial
    Today, my colleague Claire Raj told me about the Serial Podcast. According to iTunes, "Serial is a new podcast from the creators of This American Life, hosted by Sarah Koenig. Serial unfolds one story - a true story - over...
  • Nov 20

    Who's Scared of Fitbit?

    Who's Scared of Fitbit?
    A couple people sent me links to this story in the Atlantic. The story reports that a plaintiff in Canada is planning to introduce evidence from Fitbit (a wearable activity tracking device) “to show that her activity levels [after an...
  • Nov 19

    Credibility Proxies: Drug

    Credibility Proxies: Drug
    One remaining category of crime that has a long history as a credibility proxy is drug offenses. These offenses, like speeding, fall at the boundary between crimes of impulse (violent crimes) and crimes involving schemes that contravene…
Rank this Week: 4227

California Business Litigation…

California Business Litigation Blog

Covers a wide range of business litigation issues in the Southern California area. By Sylvester, Oppenheim, & Linde.

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

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

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

    Chipotle Employees Claim They are Underpaid: Class Action Lawsuits Filed

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

    Nevada Parents Sue School District Over Failure to Report Bullying

    Nevada Parents Sue School District Over Failure to Report Bullying
    Nevada parents Jennifer and Jason Lamberth thought everything was going well with their 13 year-old daughter, Hailee. She was enrolled as a seventh grader at White Middle School in Henderson. The day that her life came to a tragic end, she…
Rank this Week: 4398

Alabama Litigation Review

Alabama Litigation Review

Covers business litigation, civil procedure, personal injury and punitive damages. By Jeff Blackwell.

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

    Walmart Seeks To Delay Justice

    Walmart Seeks To Delay Justice
    In June, a Walmart driver slammed his truck into the limousine carrying comedians Tracy Morgan and James McNair. Morgan suffered severe personal injury. The collision killed McNair. The crash generated media discussion related to highway…
  • Nov 17

    Boston Scientific Suffers Another Trial Loss Over A Mesh Product

    Boston Scientific Suffers Another Trial Loss Over A Mesh Product
    Last week, a Federal Court jury in Florida found Boston Scientific liable for the severe personal injuries caused by one of its transvaginal mesh products. The Florida case involved four women suffering tremendous problems from implanted…
  • Nov 10

    What Can Be Learned From Walmart And The Blame Game?

    What Can Be Learned From Walmart And The Blame Game?
    A recent blog post from a personal injury firm in our nation’s capitol begins by saying “Tracy Morgan Shocked By Walmart’s Accusations.” The post is an interesting read. The crash that injured Tracy Morgan generated…
Rank this Week: 2877

Boston Lawyer Blog

Boston Lawyer Blog

Covers litigation, criminal and employment law. By Zalkind Duncan & Bernstein LLP.

http://www.bostonlawyerblog.com/
Rank this Week: 3332

eDiscovery Service Blog

eDiscovery Service Blog

Covers eDiscovery and computer forensic. By D4 eDiscovery.

http://www.d4discovery.com/e-discoveryserviceblog/
Rank this Week: 2572

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/
  • Nov 20

    Maryland Appellate Blog Post on Federal Judicial Vacancie

    Maryland Appellate Blog Post on Federal Judicial Vacancie
    In a new post on the Maryland Appellate Blog, Steve Keppler offers a useful reminder about federal judicial vacancy problem and offers some proposals for addressing it. As he suggests, "the next six months provide a window of time…
  • Nov 9

    Nevada Votes for Intermediate Appellate Court

    Nevada Votes for Intermediate Appellate Court
    Following up on my earlier post regarding the Nevada ballot question regarding the addition of an intermediate appellate court in Nevada, voters in that state approved the measure by only a slight margin. Ballotpedia has this summary. This…
  • Nov 6

    The Sixth Circuit Throws a Split on Same-Sex Marriage

    The Sixth Circuit Throws a Split on Same-Sex Marriage
    Today the Sixth Circuit issued its decision in DeBoer v. Snyder and created the circuit split that the Supreme Court has presumably been waiting for. In a carefully reasoned opinion, the Sixth Circuit narrowly interpreted precedent and the…
Rank this Week: 3363

The Velvet Hammer

The Velvet Hammer

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

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

    A reminder about open flames: a story of how I almost became Michael Jackson

    A reminder about open flames: a story of how I almost became Michael Jackson
    The house is beautiful and glowing.  Am standing with back to fully enclosed gas fireplace.  Getting warm.  Talking to Steven who is sitting by the chess board. Fzzzzzzzzz.  Crackle. He jumps up running toward me. …
  • Nov 16

    Making waves: the value of dissent

    Making waves: the value of dissent
    In 2007, when I was President of WSTLA, I wrote an article called the Value of Dissent. The focus at that time was AAJ and my perception of  its systemic problems in advancing diversity.  I was not liked by AAJ leadership for being…
  • Nov 14

    Partying with VABAW – all bar dinners should be like thi

    Partying with VABAW – all bar dinners should be like thi
      Shellie and I walk into the Triple Door on 3rd and Union.  Late as usual. Hi.  Hi.  Hug.  How are you.  Hand shake.  Hi.  Everyone is smiling.   Am here to support Ada Ko Wong who…
Rank this Week: 3070

Litigation PostScript

Litigation PostScript

Provides information and practical tips on legal persuasion spanning pretrial and trial phases, for jury, bench and arbitration settings. By Persuasion Strategies.

http://www.litigationps.com/litigation_postscript_per/
  • Nov 20

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

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

    Witnesses: Don’t Adopt, Do Adapt

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

    Consider a Flowchart Verdict Form

    Consider a Flowchart Verdict Form
    By Dr. Ken Broda-Bahm: Juror C: Okay, we've answered question four, so let's move on to five. Juror A: No, it says that if we answered "No" to four, then we skip to seven... Juror D: ...I totally know the answer to six, it is…
Rank this Week: 4177

The Everlaw Blog

The Everlaw Blog

Comments on law, technology, and eDiscovery.

http://blog.everlaw.com/
  • Nov 20

    Really Thinking Through the Form of Production

    Really Thinking Through the Form of Production
    Magistrate Judge Paul Cherry understands ediscovery. More importantly, his opinions have the classic “IRAC” analysis of Issue, Rule, Analysis, and Conclusion. This makes Judge Cherry’s cases on the form of production very…
  • Nov 18

    CAOC Event Takeaway: Resistance to Predictive Coding is Futile

    CAOC Event Takeaway: Resistance to Predictive Coding is Futile
    Last week, Cecilia and I had the pleasure of attending the annual gathering of the Consumer Attorneys of California in San Francisco.  We were there in part to represent Everlaw in sponsoring a CLE session entitled “The…
  • Nov 14

    New Feature Preview: Foreign Language Detection

    New Feature Preview: Foreign Language Detection
    Globalization is on the rise: we conduct business across borders and continents, breaking down language barriers daily. When it comes to litigation, this means that you are more likely to see documents in a foreign language. Dealing…
Rank this Week: 3283

The Everlaw Blog

The Everlaw Blog

Covers legal technology used in litigation and eDiscovery, especially on the plaintiff's side.

http://blog.everlaw.com
  • Nov 20

    Really Thinking Through the Form of Production

    Really Thinking Through the Form of Production
    Magistrate Judge Paul Cherry understands ediscovery. More importantly, his opinions have the classic “IRAC” analysis of Issue, Rule, Analysis, and Conclusion. This makes Judge Cherry’s cases on the form of production very…
  • Nov 18

    CAOC Event Takeaway: Resistance to Predictive Coding is Futile

    CAOC Event Takeaway: Resistance to Predictive Coding is Futile
    Last week, Cecilia and I had the pleasure of attending the annual gathering of the Consumer Attorneys of California in San Francisco.  We were there in part to represent Everlaw in sponsoring a CLE session entitled “The…
  • Nov 14

    New Feature Preview: Foreign Language Detection

    New Feature Preview: Foreign Language Detection
    Globalization is on the rise: we conduct business across borders and continents, breaking down language barriers daily. When it comes to litigation, this means that you are more likely to see documents in a foreign language. Dealing…
Rank this Week: 3293

Accessibility Defense

Accessibility Defense

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

http://accessdefense.com
  • Nov 18

    Endless liability under the Fair Housing Act — and let’s make it personal

    Endless liability under the Fair Housing Act — and let’s make it personal
    I often remind my clients that when it comes to the Fair Housing Act and Americans with Disabilities Act the adage “ignorance is bliss” does not apply. Last week’s decision from the Southern District of Mississippi, U.S.…
  • Nov 6

    ADA and the Internet – you need a nerd, not a lawyer.

    ADA and the Internet – you need a nerd, not a lawyer.
    I was surprised last month to see a major national law firm suggest, in its ADA blog, that internet businesses are legally required by the ADA to create accessible websites, and need to consult a lawyer about that requirement. While it…
  • Oct 28

    Is it all Uber for ride-sharing businesses that don’t comply with the ADA?

    Is it all Uber for ride-sharing businesses that don’t comply with the ADA?
    Uber Technologies, maker and promoter of the Uber app for ride sharing, has seen a good deal of litigation in the last two years, most of it brought by former Uber drivers or taxi-cab regulators. Two recent cases, one in Texas and one in…
Rank this Week: 3581

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Nov 17

    10th Circuit Rejects Engineering Expert Witness in Allegedly Defective Ladder Case

    10th Circuit Rejects Engineering Expert Witness in Allegedly Defective Ladder Case
    Case: Suzanne R. Heer v. Costco Wholesale Corp., et al., No. 14–2009; 10th Circuit U.S. Court of Appeals; Oct. 29, 2014 Background: Suzanne Heer brought a products liability lawsuit against...The post 10th Circuit Rejects Engineering…
  • Nov 17

    Expert Witness Mistakes to Avoid

    Expert Witness Mistakes to Avoid
    Your expert might be one of the most qualified people in his field, but that alone won’t guarantee that he will be an asset to your case. The fact is...The post Expert Witness Mistakes to Avoid appeared first on The Expert Institute.
  • Nov 10

    Nursing Home Defendant Loses Bid to Exclude Nurse in Fall-Related Death

    Nursing Home Defendant Loses Bid to Exclude Nurse in Fall-Related Death
    Case: Vicky Pruitt v. BROC, LLC, No. 4:14–cv–00006, U.S. District Court, Western District of Virginia; Oct. 9, 2014 Background: Plaintiff is the administrator of the estate of a patient at...The post Nursing Home Defendant Loses…
Rank this Week: 3442

Tennessee Defense Litigation

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/
Rank this Week: 2741

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 17

    The Digital Fourth Amendment and Your Reasonable Expectation of Privacy

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

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

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

    October 2014 FI&C Website Newsletter

    October 2014 FI&C Website Newsletter
    *  Charlie Faruki, Laura Sanom, Jade Smarda and Michael Mayer successfully defend a corporate client accused of destroying evidence relevant to an antitrust case. *  Charlie Faruki, Jeff Sharkey and Chris Hollon celebrate a string…
Rank this Week: 2706

Translation For Lawyers

Translation For Lawyers

Covers various topics related to language translation, interpretation, and culture in the Legal Sytem. By All Language Alliance, Inc.

http://www.translationforlawyers.com/
  • Nov 14

    Legal Phone Interpreting Services and the Confrontation Clause

    Legal Phone Interpreting Services and the Confrontation Clause
    We've blogged about the pros and cons of hospitals using Video Remote Interpreting services instead of on-site in-personal medical interpreter services. Some additional legal issues are likely to arise when the courts start using phone…
  • Nov 12

    Legal Translation Services and Zodiac Motion to Exclude Evidence

    Legal Translation Services and Zodiac Motion to Exclude Evidence
    We've blogged about the importance of professional legal translation services for patent law. Before the Patent Trial and Appeal Board (the "Board"), the Federal Rules of Evidence ("FRE") govern the admissibility of evidence in most cases. …
  • Nov 10

    Positive Energy Wall Art Will Boost Law Firm's Profitability

    Positive Energy Wall Art Will Boost Law Firm's Profitability
    You inhabit the world around you. You absorb the energy and feel its positive and negative impact. If you are in the middle of a desert, you feel thirsty and hot. Heat energy swirls around you and you absorb it. If you're at the beach, you…
Rank this Week: 4873

A Blog on Legal Matters that…

A Blog on Legal Matters that Matter

Comments on trials and litigation and injury and accident law. By The Martin Law Firm, LLC.

http://blog.martinfirmllc.com/
  • Nov 14

    OSHA Protects Employees Forced to Work in Hazardous Condition

    OSHA Protects Employees Forced to Work in Hazardous Condition
    Some occupations are inherently dangerous. Fortunately, the federal government has seen fit to enact laws to protect employees from dangerous conditions in the workplace that can reasonably be prevented. The Occupational Safety and Health…
  • Oct 30

    Can my Boss Fire me for Drinking off the Clock?

    Can my Boss Fire me for Drinking off the Clock?
    If you are caught drinking on the job, or if you come to work drunk or otherwise impaired, there is no question that your employer has the right to terminate you on the spot. But what if you have a drink or two after work? Can your employer…
  • Oct 17

    Do Highway Guardrails Result in Serious Injury?

    Do Highway Guardrails Result in Serious Injury?
    We see guardrails on every highway and assume that they are safety devices meant to keep us on the roadway instead of in a ditch or to prevent opposing traffic in the right lane; however, a recent nationwide study has raised serious questions…
Rank this Week: 3615

Nick Woolridge, Esq. Blog

Nick Woolridge, Esq. Blog

Covers commercial and civil litigation in New York.

http://www.nylitigationfirm.com/blog
  • Nov 14

    McAdoo Files Lawsuit against University of North Carolina

    McAdoo Files Lawsuit against University of North Carolina
    Michael McAdoo, a former University of North Carolina football player, has filed a lawsuit against the school on more »
  • Nov 7

    Copyright Infringement When No Heir Apparent

    Copyright Infringement When No Heir Apparent
    The recent controversy about Vivian Maier’s pictures brings forth a major issue that is often seen in legacy more »
  • Oct 31

    Miller Thomson considers merger

    Miller Thomson considers merger
    Miller Thomson LLP, the national law firm that unrolled a new marketing communications campaign on Monday, is considering more »
Rank this Week: 3307

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/
Rank this Week: 4388

DRI Today

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx
  • Nov 10

    Section 1981 Does Not Prohibit Religious Discrimination, Holds Seventh Circuit

    Section 1981 Does Not Prohibit Religious Discrimination, Holds Seventh Circuit
    On Thursday, the Seventh Circuit held that 42 U.S.C. 1981 does not protect against religious discrimination. In Lubavitch-Chabad of Ill., Inc. v. Nw. Univ., No. 14-1055, 2014 WL 5762937 (7th Cir. Nov. 6, 2014), Northwestern University…
  • Nov 6

    Chatting with Decisionmakers Who Inspire--A Look Inside DRI's New Publication

    Chatting with Decisionmakers Who Inspire--A Look Inside DRI's New Publication
    Successful business development comes naturally to some.  For those of us who aren’t so lucky, DRI has given us a great resource – the new e-book, “Women Rainmakers: Roadmap to Success.” I was fortunate enough to…
  • Nov 3

    Develop A Basic Engagement Letter -- Always Use It and Document, Document, Document

    Develop A Basic Engagement Letter -- Always Use It and Document, Document, Document
    The first line of defense in any legal malpractice claim is that the lawyer on the front end, before any work was done, (a) identified who was the client (and who was not the client) and (b) described the work to be done.  Many claims…
Rank this Week: 4404

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: 3165

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

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

    Omnicare Argued

    Omnicare Argued
    On Monday, the U.S. Supreme Court heard oral argument in the Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund case, which addresses the pleading standard for a claim under Section 11 of the…
  • Oct 24

    Middle Ground

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

    Confirmatory Information

    Confirmatory Information
    In its Halliburton II decision, the Supreme Court held that a securities fraud defendant can overcome the fraud-on-the-market presumption of reliance at the class certification stage of a case “through evidence that the…
Rank this Week: 2768

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: 4808

Resolving Discovery Disputes

Resolving Discovery Disputes

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

http://www.resolvingdiscoverydisputes.com/
  • Nov 4

    A Third-Party Can Expect Sanctions for Ignoring a Subpoena for Electronically Stored Information

    A Third-Party Can Expect Sanctions for Ignoring a Subpoena for Electronically Stored Information
    W. George Wailes, a Business Trial Attorney and Director at Carr McClellan, in Burlingame, CA brings us this warning from the California Court of Appeal about what could happen to a third party that refuses to comply with a subpoena for…
  • Oct 9

    Why You Need to Bring a Motion to Strike General Objection

    Why You Need to Bring a Motion to Strike General Objection
    Recently I was contacted to help on a party’s Motion to Compel Further Responses to Form Interrogatories, Requests for Production of Documents, and Requests for Admissions. In viewing opposing counsel’s responses to the discovery,…
  • Sep 9

    What is a General Objection?

    What is a General Objection?
    ANSWER:     A fictional document. A non-existent objection neither based in statutory authority nor found in case law. A statement by a party during the discovery phase that they will neither be held to the Code of Civil…
Rank this Week: 3007

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
  • Nov 3

    How To Communicate To A Diverse Audience

    How To Communicate To A Diverse Audience
    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.
  • Oct 28

    My Interview with DJ Waldow About Communicating With Passion

    My Interview with DJ Waldow About Communicating With Passion
    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.
  • Oct 14

    How to Tell Captivating Stories by Bringing Characters to Life

    How to Tell Captivating Stories by Bringing Characters to Life
    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: 3231

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • Oct 31

    Legal commentary on CBS 6 o’clock new

    Legal commentary on CBS 6 o’clock new
    The lead story on the 6 o’clock news featured Dallas County Judge Clay Jenkins, Dallas Mayor Mike Rawlings, and me. Here is the video:
  • Oct 30

    Texas Supreme Court Justice Don Willett’s Thoughts on Amicus Brief

    Texas Supreme Court Justice Don Willett’s Thoughts on Amicus Brief
    This afternoon, Texas Supreme Court Justice Don Willett and Austin lawyer Don Cruse spoke at a continuing legal education seminar.  Among other things, they addressed amicus briefs filed in the Supreme Court. The court requests a…
  • Sep 29

    Appellate Judges Education Institute seminar in Dallas, TX

    Appellate Judges Education Institute seminar in Dallas, TX
    The American Bar Association’s Judicial Division and Southern Methodist University’s Dedman School of Law will be hosting a seminar in Dallas, Texas from November 13-16, 2014.  The seminar will be co-hosted by the ABA’s…
Rank this Week: 4168

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/
  • Oct 24

    Apple Introduces iPad Air 2 and iPad mini 3

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

    Legal Toolkit podcast with iPhone JD blogger Jeff Richardson

    Legal Toolkit podcast with iPhone JD blogger Jeff Richardson
    From the Legal Talk network website: On this episode of The Legal Toolkit, Heidi Alexander interviews iPhoneJD blog author Jeff Richardson about his favorite iPhone and iPad apps and accessories that lawyers use in their practice and lives.…
  • Jul 22

    Paul Bloom on bias, prejudice and reason

    Paul Bloom on bias, prejudice and reason
     
Rank this Week: 2804

The Finn Blog

The Finn Blog

Covers structured settlements and related products and services from the insurance and legal communities.

http://www.finnfinancialgroup.com/learn-more/blog/
  • Oct 22

    Kim’s Story

    Kim’s Story
    Reprinted from our October 22, 2014 Newsletter Structured Settlements Changing Lives Several months ago, I shared Robin’s Story with you. Today, I’m pleased to pass along the second in a series of first person testimonials on the…
  • Oct 21

    Master Class Highlight

    Master Class Highlight
    October 21, 2014 – Last week, I had the great honor of participating in the inaugural class of the structured settlement industry’s newest designation and will soon be able to call myself a . . . Master Structured Settlement…
  • Sep 13

    IRS on S&P 500 Linked Structured Settlement: It Works!

    IRS on S&P 500 Linked Structured Settlement: It Works!
    September 13, 2014 – Every Friday morning, when the Internal Revenue Service releases its written determinations to the public as required by law, not much fanfare is usually made of the event. (Insert chirping crickets soundtrack here)…
Rank this Week: 3170

Virginia Employment Law Blog

Virginia Employment Law Blog

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

http://www.virginiaemploymentlawblog.com/
  • Oct 20

    How to Hire an Employment Lawyer – Steps 1 through 5

    How to Hire an Employment Lawyer – Steps 1 through 5
    We get a lot of phone calls and emails. On most days, we hear form eight to twelve potential clients asking about discrimination, harassment, non-compete clauses, severance agreements, failure to pay overtime, and other employment…
  • Oct 7

    DSW Settles Age Discrimination Case for $900,000

    DSW Settles Age Discrimination Case for $900,000
    According to the Chicago Tribune, shoe retailer DSW, Inc. has agreed to settle an age discrimination suit brought by the Chicago District Office of the United States Equal Employment Opportunity Commission (EEOC) on behalf of seven managers…
  • Sep 16

    Former Mets Sales Executive Sues Team for Pregnancy Discrimination

    Former Mets Sales Executive Sues Team for Pregnancy Discrimination
    Jeff Wilpon, the Chief Operating Officer of the New York Mets and son of Mets owner Fred Wilpon, runs his front office department about like his father runs the baseball team: Leigh Castergine, former Vice President of Ticket Sales, recently…
Rank this Week: 3177