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Practica Apelativa

Practica Apelativa

Discussion, analysis and commentary on appellate practice in Puerto Rico.

http://practicaapelativa.blogspot.com/
  • Nov 5

    De vuelta...

    De vuelta...
    Regreso luego de un laaargo receso de este Blog! No me culpen, los intereses van cambiando. Estuve trabajando en la página de nuestra oficina para la cual creé una calculadora de pensiones de alimentos. A los interesados ver…
  • Jul 23

    Impugnación de Subasta

    Impugnación de Subasta
    He decidido incluir en este blog entradas relacionadas con los trámites de subasta pública en Puerto Rico. Esta decisión responde en parte, y en primer lugar, a que, luego de la adjudicación de la subasta, la Ley de Procedimiento…
  • Feb 23

    Nuevas Reglas de Procedimiento Civil (2)

    Nuevas Reglas de Procedimiento Civil (2)
          Cuando trabajé en el TA, muchas veces cuestioné la práctica de algunos abogados de recurrir en certiorari a cada momento en un pleito. Las nuevas Reglas de Procedimiento Civil, específicamente el segundo párrafo de la Nueva…
Rank this Week: 4223

Prove My Florida Case

Prove My Florida Case

Covers Florida appellate, evidentiary, and trial perspectives and issues. By David M. Adelstein.

http://www.provemyfloridacase.com
Rank this Week: 2662

Renvoi: Lex Situs Conflictus

Renvoi: Lex Situs Conflictus

Covers Canadian conflict of laws. By Seva Batkin.

http://renvoi.wordpress.com
  • Jan 19

    The (Near) Death of Chaining

    The (Near) Death of Chaining
    Chaining foreign judgments is a practice of registering foreign judgments from jurisdiction to jurisdiction until you get to one that has a reciprocal enforcement of judgments relationships with your home province. Until very recently, I…
  • Jan 19

    The (Near) Death of Chaining

    The (Near) Death of Chaining
    Chaining foreign judgments is a practice of registering foreign judgments from jurisdiction to jurisdiction until you get to one that has a reciprocal enforcement of judgments relationships with your home province. Until very recently, I…
  • Jan 19

    Call of Duty

    Call of Duty
    No, this post is not about a poppular video game, or an upcoming inaugruation. Rather, it is about yours truly joining the very distinguished ranks of the legal profession. Thank you, Seva Batkin Barrister and Solicitor.
Rank this Week: 4375

Res Ipsa Loquitur

Res Ipsa Loquitur

Covers civil litigation, insurance, technology and other topics of interest to Canadian legal practitioners. By Pamela Pengelley.

http://canadianlaw.wordpress.com
Rank this Week: 4936

Resolving Discovery Disputes

Resolving Discovery Disputes

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

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

    Treating Physicians–Treat Them Right

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

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

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

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

    Should you withdraw your motion if the other side has complied?
    I have always been a strong advocate that you should be awarded sanctions if you had to bring a motion to get the relief you were entitled to even if the other side complied prior to the hearing on the motion.  However in the case of…
Rank this Week: 4188

Ringler Radio - Legal Settlements

Ringler Radio - Legal Settlements

Internet radio show / Podcast hosted by the leaders in structured settlements. From Ringler Associates and the Law Talk Network.

http://legaltalknetwork.com/podcasts/ringler-radio
  • Jan 25

    Ringler Associates: Celebrating 40 Years in Structured Settlement

    Ringler Associates: Celebrating 40 Years in Structured Settlement
    Since 1975, Ringler Associates has been a nationwide leader in the structured settlement industry and this year, is celebrating a 40th Anniversary! On this Ringler Radio podcast, host Larry Cohen joins colleague,  Mike Casey  and…
  • Jan 11

    Spotlight on the Georgia Trial Lawyers Association

    Spotlight on the Georgia Trial Lawyers Association
    Since 1956, the Georgia Trial Lawyers Association, better known as GTLA, has worked tirelessly to ensure that everyday citizens, Georgia families and small businesses are never deprived of their constitutional guarantee of access to true…
  • Dec 30

    From Wealth Management to Structured Settlement

    From Wealth Management to Structured Settlement
    Financial security is an important factor for individuals and their families when choosing to go with a structured settlement. Today on Ringler Radio, host, Larry Cohen joins  Phillip Krause, a new structured settlement consultant for…
Rank this Week: 706

Ross' Arbitration Blog

Ross' Arbitration Blog

Covers labor and employment arbitration. By Ross Runkel.

http://www.lawmemo.com/arbitrationblog/
  • Nov 26

    NLRB arbitration deferral to change?

    NLRB arbitration deferral to change?
  • May 20

    Arbitrator improperly imposed class arbitration

    Arbitrator improperly imposed class arbitration
    The 5th Circuit has held that an arbitrator improperly imposed class arbitration where the agreement was silent on that point. The dispute must be arbitrated, but on an individual basis rather than as a class action. Reed v. Florida Metro…
  • Jan 22

    NLRB arbitration deferral to change?

    NLRB arbitration deferral to change?
    Here is the NLRB's January 20 press release, announcing the General Counsel's intent to try to get the Board to change its arbitration deferral policy: Citing concerns about delays in processing grievances through parties’…
Rank this Week: 2841

Say What?! Judge Jerry Buchmeyer's…

Say What?! Judge Jerry Buchmeyer's weblog of classic legal humor.

Real life Texas Courtroom Humor. From U.S. Federal District Judge Jerry Buchmeyer (Northern District of Texas).

http://saywhat.texasbar.com/
  • Nov 21

    December 1997 - I Did a Buchmeyer

    December 1997 - I Did a Buchmeyer
    From Jeffrey Hirt of Houston, this excerpt from his examination of the present wife of his client:Q. Gina, how long have you known your stepdaughters?A. Actually, since before they were born. When Joan was still pregnant.Mr. Hirt: I'll send…
  • Nov 20

    September 2007 - That's How Vegas Work

    September 2007 - That's How Vegas Work
    Ryan Morris, who is a second-year law student at the University of Texas, was working for a small firm in Austin when he came across this excerpt in a deposition from a probate case where a party was testifying about his bank account:A. I…
  • Nov 19

    May 1985 - Were You in the Military Service?

    May 1985 - Were You in the Military Service?
    Q. How far did you get in the service? It was in the Army, wasn't it? A. Yes, sir, the Army. Q. How far did you get? A. Over to the South Pacific.
Rank this Week: 1017

SCOTUSblog

SCOTUSblog

Covers the Supreme Court of the United States. By Bloomberg Law.

http://www.scotusblog.com/
  • Apr 26

    Same-sex marriage: The decisive question

    Same-sex marriage: The decisive question
    Analysis Twenty-two months ago, the Supreme Court — perhaps not fully realizing that it was doing so — set off a constitutional revolution.  In a decision that spoke somewhat tentatively about an “evolving understanding…
  • Apr 25

    This week at the Court

    This week at the Court
    On Monday at 9:30 a.m. we expect orders from the April 24 Conference. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45. This is the second week of the April sitting.  On…
  • Apr 24

    Argument preview: Execution methods: broad or narrow look?

    Argument preview: Execution methods: broad or narrow look?
    At 10 a.m. Wednesday, the final day of oral arguments this Term, the Supreme Court will hold a one-hour hearing on an Oklahoma death penalty case that could range widely over broad constitutional questions, or — in the alternative…
Rank this Week: 16

shlep: the Self-Help Law ExPress

shlep: the Self-Help Law ExPress

News, views and information on self-help law and pro se litigation.

http://blogs.law.harvard.edu/shlep
  • Feb 19

    Help for pro se users in Clark County, Indiana

    Help for pro se users in Clark County, Indiana
    Commissioners OK legal help center for courthouse New appointment made to fill a void in County Courts By BRADEN LAMMERS Braden.Lammers@newsandtribune.com Judicial matters were the predominant theme at the Clark County Commissioners meeting…
  • Jan 5

    New York Times op/ed piece about self-help representation

    New York Times op/ed piece about self-help representation
    Two state judges opine about the state of accessibility to the legal system. As the economy has worsened, the ranks of the self-represented poor have expanded. In a recent informal study conducted by the Self-Represented Litigation Network,…
  • Jan 5

    Indianapolis law library closes but self-help center remains open

    Indianapolis law library closes but self-help center remains open
    Librarian Zoya Golban turned off the lights and locked the doors Wednesday at the Marion County Law Library for the last time. The cozy repository for legal materials and publicly accessible computers on the third floor of the City-County…
Rank this Week: 2305

South Carolina Appellate Law Blog

South Carolina Appellate Law Blog

Follows the opinions of the South Carolina appellate courts, the Fourth Circuit, and the United States Supreme Court. By Womble Carlyle.

http://southcarolinaappellatelaw.blogspot.com/
  • Dec 13

    Closing Out

    Closing Out
    Well, I have left private practice and have taken a job with the US Attorney's Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news. Merry Christmas.
  • Dec 1

    Constitutional issues with Clinton appointment???

    Constitutional issues with Clinton appointment???
    "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during…
  • Nov 19

    Billy Wilkins' return to the courtroom as a lawyer meets with succe

    Billy Wilkins' return to the courtroom as a lawyer meets with succe
    From the Greenville News:William W. “Billy” Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as…
Rank this Week: 1968

South Carolina Appellate Lawyer

South Carolina Appellate Lawyer

Covers appellate practice in South Carolina. By Christian Stegmaier.Covers appellate practice in South Carolina. By Christian Stegmaier.

http://southcarolinaappellatelawyer.wordpress.com
  • Oct 1

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter
    On September 22, the Supreme Court issued an administrative order, which replaces the current Form 4 used for judgments/dispositions in civil matters in the Circuit Court with Form 4C.  The new Form 4C, which can be found here at…
  • Oct 1

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter
    On September 22, the Supreme Court issued an administrative order, which replaces the current Form 4 used for judgments/dispositions in civil matters in the Circuit Court with Form 4C.  The new Form 4C, which can be found here at…
  • Oct 1

    Re-Rolling Out South Carolina Appellate Lawyer

    Re-Rolling Out South Carolina Appellate Lawyer
    I’ve spent the day re-reading the Advance Sheets from the last several months. While reviewing the recent decisions of our Court of Appeals and Supreme Court, I thought about South Carolina Appellate Lawyer and regretted that I had let it…
Rank this Week: 4849

Southern California Appellate News

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/
  • Apr 23

    Lights, camera, roll 'em...

    Lights, camera, roll 'em...
    Today's LA Times presents After Court Adjourns, 9th Circuit Judge's Movie Nights Are A Hit here, about the movie nights at the Ninth Circuit, started by Judge Kozinski.Kozinski holds the event, known as KFF or Kozinski's Favorite Flicks,…
  • Apr 22

    Baseball themed dissent in Barry Bonds case

    Baseball themed dissent in Barry Bonds case
    The Barry Bonds en banc opinion is out (here), and Judge Rawlinson pens a baseball-themed dissent with the following intro, headings and conclusion:U.S. v. Bonds, No. 11-10669Rawlinson, Circuit Judge, dissenting:There is no joy in this…
  • Apr 21

    Editing tricks fail to fool court; brief stricken

    Editing tricks fail to fool court; brief stricken
    Looking for ways to outsmart the 14K word limit? Law360 today has a story titled Too-Long Brief Dooms Banking Patent Appeal at Fed. Circ., where "A trick straight out of high school English class cost [an appellant]" in a big way: its appeal…
Rank this Week: 1148

Structured Settlement Blog

Structured Settlement Blog

By Paul J. Lesti.

http://www.structuredsettlement.pro/
  • Nov 18

    Medicare indemnification request by defense counsel is unethical - Florida Bar Staff Opinion 30310

    Medicare indemnification request by defense counsel is unethical - Florida Bar Staff Opinion 30310
    A lawyer should not agree to personally indemnify an opposing party, as it violates Florida rules and a lawyer should not require that another attorney enter into an agreement to personally indemnify an opposing party, as that also violates…
  • Nov 8

    Structured Settlement article on cbsnews.com

    Structured Settlement article on cbsnews.com
    This is a good article about Structured Settlements. The quote by Professor Christopher Coyne, a St. Joseph's University finance professor is very insightful. He said, "Conventional investing logic doesn't apply for plaintiffs in injury or…
  • Mar 2

    American General Life Insurance Company

    American General Life Insurance Company
    AIG recently posted Frequently Asked Questions regarding recent news and American General Life Insurance Company. Frequently Asked Questions March 2, 2009
Rank this Week: 3876

Structured Settlements 4Real

Structured Settlements 4Real

Provides structured settlement information, provocative commentary, news and opinion about structured settlements and settlement planning. By John Darer.

http://structuredsettlements.typepad.com/structured_settlements_4r/
  • Apr 23

    Amended Complaint in Burn Victim/Amputee Suit Alleges More Outrageous Conduct by Settlement Purchaser

    Amended Complaint in Burn Victim/Amputee Suit Alleges More Outrageous Conduct by Settlement Purchaser
    "Defendant SAF through its agents met with Terrence in West Virginia, sent notaries to Terrence’s home in West Virginia, took Terrence to strip clubs, restaurants and stores in West Virginia, drove... This is a content summary only.…
  • Apr 22

    SFSP To Offer Long Term Care Insurance With Member Discount

    SFSP To Offer Long Term Care Insurance With Member Discount
    by John Darer® CLU ChFC CSSC RSP CLTC The Society of Financial Service Professionals (SFSP), a credential only financial planning association, has announced that long term care insurance through... This is a content summary only. Please…
  • Apr 22

    Aikman Structured Finance Acts in Poor Taste | Sends Zombie Toy to Grieving Son

    Aikman Structured Finance Acts in Poor Taste | Sends Zombie Toy to Grieving Son
    Tim Aikman is not someone who I would choose to do business with now or ever. Tim Aikman's actions speak of an insensitive jerk who clearly lacks good judgment. This is a content summary only. Please click on the title for the full content…
Rank this Week: 15

Sui Generis--a New York law blog

Sui Generis--a New York law blog

Offers commentary on civil rights issues, recent decisions and other areas of interest to New York civil litigators and criminal practitioners. By Nicole L. Black.

http://nylawblog.typepad.com/suigeneris/
  • Apr 22

    North Carolina weighs in on judges and social media

    North Carolina weighs in on judges and social media
    This week's Daily Record column is entitled "North Carolina weighs in on judges and social media." My past Daily Record articles can be accessed here. ***** North Carolina weighs in on judges and social media Judges using social media:…
  • Apr 9

    New York Ethics Decision on Lawyers and LinkedIn

    New York Ethics Decision on Lawyers and LinkedIn
    This week's Daily Record column is entitled "New York Ethics Decision on Lawyers and LinkedIn." My past Daily Record articles can be accessed here. ***** New York Ethics Decision on Lawyers and LinkedIn Earlier this month, the New York County…
  • Apr 8

    Join Me For Drinks In Boston on 4/24

    Join Me For Drinks In Boston on 4/24
    I'll be in Boston on April 24th and hope you can join me for free drinks compliments of MyCase at the Park Plaza Hotel Lobby Lounge Bar from 5-7 pm. I've already gotten a few Boston lawyer friends to agree to come, including Bob Ambrogi, Alan…
Rank this Week: 924

Tennessee Defense Litigation

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/
  • Apr 19

    How Are Damages to Real Property Calculated Under Tennessee Law?

    How Are Damages to Real Property Calculated Under Tennessee Law?
    Sometimes I like to write about specific issues that have come up in my own law practice.  When I confront certain issues, I assume there are other attorneys and individuals who deal with the same concerns.  One of those issues I…
  • Apr 5

    New Tennessee Judiciary Report Shows Tennessee Case Filings Continue to Decline

    New Tennessee Judiciary Report Shows Tennessee Case Filings Continue to Decline
    Each year the Tennessee Administrative Office of the Courts issues a report on the Tennessee judiciary.  This report shows statistics for case filings (and other important judiciary information) in Tennessee.  The most recent report…
  • Mar 22

    Tennessee Court of Appeals Finds Planting Trees that Block View of Golf Course is Not a Nuisance

    Tennessee Court of Appeals Finds Planting Trees that Block View of Golf Course is Not a Nuisance
    The Tennessee Court of Appeals recently decided whether it was considered a nuisance to block a neighbor’s view of a golf course with trees.  The case of Stibler v. The Country Club, Inc., No. E2014-00743-COA-R3-CV, 2015 WL 1093638…
Rank this Week: 2282

Tennessee Trial Lawyers Blog

Tennessee Trial Lawyers Blog

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

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

    For Bonnaroo Goers: Small Infractions Can Lead To Big Charge

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

    New Tennessee Law Criminalizes Drug Abuse During Pregnancy

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

    Anchor Down: Tennessee Laws On Boating Under the Influence

    Anchor Down: Tennessee Laws On Boating Under the Influence
    With Summer right around the corner there's no doubt many of you will be looking to hit the waterways. With that in mind, it may be a good time to remind everyone of the drinking and boating laws in Tennessee. Boating under the Influence is…
Rank this Week: 2389

Texas Appellate Law Blog

Texas Appellate Law Blog

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

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

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

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

    Short-Citing to the Record in the Fifth Circuit

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

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

    Appellate Practice and Procedure Lesson 7: Rehearing and Higher Court Review
    This post features the video and slides for the seventh lecture in my Appellate Practice and Procedure course, which I introduced here. The presentation appears after the jump. How do you convince an appellate court to change its mind when…
Rank this Week: 2166

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/
Rank this Week: 1556

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/
  • Apr 17

    Creating Your Own Losse

    Creating Your Own Losse
    Under the PSLRA, the presumptive lead plaintiff in a securities class action is the applicant with the “largest financial interest in the relief sought by the class.”  The largest financial interest is measured by assessing…
  • Mar 25

    Omnicare Decided

    Omnicare Decided
    The U.S. Supreme Court has issued a decision in the Omnicare case holding that opinions presented in registration statements can be subject to Section 11 liability if either (a) the opinion was not genuinely held, or (b) the registration…
  • Mar 20

    The Streak Is Over

    The Streak Is Over
    Plaintiffs in securities class actions often point to insider trades as evidence that the individual defendants had a pecuniary motive to commit fraud.   But if the plaintiffs do not make any allegations related to insider…
Rank this Week: 939

The Appellate Gourmet (c)

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 1167

The Appellate Practitioner

The Appellate Practitioner

Covers appellate practice in California and the Ninth Circuit. By Kimberly A. Kralowec.

http://www.appellatepractitioner.com/
  • Mar 23

    Please visit The UCL Practitioner

    Please visit The UCL Practitioner
    Over the past couple of months, I haven't had time to keep The Appellate Practitioner updated in the way I'd like to. Therefore, I am putting the blog on hiatus for the time being. Please visit my primary blog, The UCL Practitioner, which I…
  • Jan 5

    "A High Court Training Regimen"

    "A High Court Training Regimen"
    Friday's Recorder had an article on a new moot program being organized at U.C. Berkeley for attorneys with California Supreme Court cases. It sounds very similar to what Professor Myron Moskovitz has been doing at Golden Gate University…
  • Dec 8

    "The Early Brief Gets the Worm"

    "The Early Brief Gets the Worm"
    Slate has an interesting jurisprudence essay on the impact of amicus filings at the U.S. Supreme Court level. Adam Chandler, "The Early Brief Gets the Worm: Liberal groups are ceding a key way to influence the Supreme Court," Slate (Dec. 5,…
Rank this Week: 2302

The Art of Advocacy

The Art of Advocacy

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

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

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

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

    Is it possible to use too many adverbs in court?

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

    Would Wyatt Earp have been indicted today?

    Would Wyatt Earp have been indicted today?
    More than 120 years ago, the coroner’s inquest into “Wild West” lawman Wyatt Earp ended with no criminal charges filed. Earp walked away scot free in the infamous O.K. Corral gunfight that only lasted 30 seconds, but is…
Rank this Week: 4455

The Briefcase

The Briefcase

Comments on Ohio law with an emphasis on criminal law. By Russ Bensing.

http://www.briefcase8.com/
  • Feb 28

    Friday Roundup

    Friday Roundup
    Big news from SCOTUS.  Not really.  The Potamac Nine did come down with a decision in a criminal case, Fernandez v. California.  The Highly Abbreviated Version of What Went Down:  the cops arrested Fernandez at his home,…
  • Feb 27

    My latest experiences with the burning bush

    My latest experiences with the burning bush
    I do a lot of appeals -- over 150, my BFF Lexis tells me -- and I'm constantly amazed at how much I still learn.  I've had two recent epiphanies.  The first is that the best time to start practicing for oral argument is just before…
  • Feb 26

    An unlikely story

    An unlikely story
    Every trial is a story.  The prosecution has a story.  The defense has a story.  Oftentimes, the defense story is nothing more than that the prosecution hasn't proved their story beyond a reasonable doubt. The prosecution's…
Rank this Week: 135

The California Blog of Appeal

The California Blog of Appeal

Features an appellate practitioner's take on practice and legal developments in the California Courts of Appeal, the California Supreme Court and the Ninth Circuit Court of Appeals. By Greg May.

http://www.calblogofappeal.com
  • Mar 17

    A break for some shipmates and a lesson on drilling down on the standard of review

    A break for some shipmates and a lesson on drilling down on the standard of review
    As a graduate of the “Boat School” (or “Canoe U”), I went on alert as soon as I spotted a case in yesterday’s advance sheets regarding whether some local county employees’ time as U.S. Naval Academy…
  • Mar 10

    Do longer briefs correlate to success for Appellants?

    Do longer briefs correlate to success for Appellants?
    I cannot think of a single writing seminar I have attended or book I have read that did not emphasize succinctness. Now comes a paper published at the Social Science Research Network, “Too Many Notes”? An Empirical…
  • Jan 23

    Can your trial judge give you a boost toward getting appellate review of a non-appealable order?

    Can your trial judge give you a boost toward getting appellate review of a non-appealable order?
    In theory, at least, the answer is yes, in some circumstances, by certifying the non-appealable order pursuant to Code of Civil Procedure section 166.1. Yesterday’s opinion in Audio Visual Services Group, Inc. v. Superior Court,…
Rank this Week: 1107

the complex litigator

the complex litigator

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

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

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

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

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

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

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC
    Next up on the update list is Iskanian v. CLS Transportation Los Angeles LLC (June 23, 2014). In Iskanian, a limousine driver filed a class action lawsuit on behalf of himself and similarly situated employees for his employer’s alleged…
Rank this Week: 475

The Conference Room--Answers to…

The Conference Room--Answers to Questions on N.C. Law

Comments on North Carolina civil litigation and laws. By Bradley A. Coxe.

http://nclawyer.typepad.com/north_carolina_civil_litg/
  • Apr 16

    Eviction

    Eviction
    Landlords have a streamlined process in North Carolina to evict tenants who have breached their lease. This is called summary ejectment. After the tenant has breached the lease by failing to pay rent or otherwise, and after the tenant has...
  • Apr 7

    Read What You Sign. Except Doctors.

    Read What You Sign. Except Doctors.
    One of the first bits of free advice you’ll get from an attorney, is to read and understand before you sign a document. Even where the clause is buried on page 8 of fine print; or where there was a...
  • Apr 1

    Have a Healthy and Effective Board

    Have a Healthy and Effective Board
    Attached is a Board Effectiveness Checklist from governance.pro that helps an organization determine if it is being as effective as it can be. The checklist applies to all types of organizations, so all the factors may not apply to every...
Rank this Week: 277

The Courtroom Insight Blog

The Courtroom Insight Blog

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

http://blog.courtroominsight.com/
  • Apr 8

    Acclaimed author Ari Kaplan interviews Mark Torchiana

    Acclaimed author Ari Kaplan interviews Mark Torchiana
    I am excited to share Ari Kaplan’s interview with our CEO, Mark Torchiana. The following interview explores where Courtroom Insight started and how it is evolved to become the knowledge management solution that it is today. You can hear…
  • Mar 18

    Why Experts Should Embrace Custom Expert Witness Reports, Too

    Why Experts Should Embrace Custom Expert Witness Reports, Too
    In last week’s blog post, Kristal Sajasi described Courtroom Insight’s custom expert witness research reports and explained how attorneys benefit from incorporating this research into their vetting process.  Based upon my…
  • Mar 10

    How Custom Expert Witness Reports Benefit Attorney

    How Custom Expert Witness Reports Benefit Attorney
    Attorneys have an obligation to perform competent due diligence when hiring or cross-examining an expert witness.  They often seek input from colleagues, review CVs, and assess reported credentials and case experience.  It is also…
Rank this Week: 3461

The Everlaw Blog

The Everlaw Blog

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

http://blog.everlaw.com
  • Apr 24

    Why We Don’t Offer Everlaw Certification

    Why We Don’t Offer Everlaw Certification
    Many ediscovery vendors offer certifications for their platforms, and you often have to be certified before you can start using their software effectively. However, Everlaw has a different outlook: we believe that you shouldn’t have to…
  • Apr 17

    Why Small Firms and Solos Need an Ediscovery Tool

    Why Small Firms and Solos Need an Ediscovery Tool
    When talking with small firm lawyers and solo practitioners at Legaltech New York, I couldn’t help but notice that many are skeptical of using ediscovery tools in their practices. So much so, for several solo practitioners, that they…
  • Apr 10

    Increasing Our Commitment to Open-Source Software

    Increasing Our Commitment to Open-Source Software
    We at Everlaw love open-source software. We build off of open-source tools for our application server, database, search engine, front-end framework, and more. What that means is that we don’t reinvent the wheel each time we write a new…
Rank this Week: 2779

The Everlaw Blog

The Everlaw Blog

Comments on law, technology, and eDiscovery.

http://blog.everlaw.com/
  • Apr 24

    Why We Don’t Offer Everlaw Certification

    Why We Don’t Offer Everlaw Certification
    Many ediscovery vendors offer certifications for their platforms, and you often have to be certified before you can start using their software effectively. However, Everlaw has a different outlook: we believe that you shouldn’t have to…
  • Apr 17

    Why Small Firms and Solos Need an Ediscovery Tool

    Why Small Firms and Solos Need an Ediscovery Tool
    When talking with small firm lawyers and solo practitioners at Legaltech New York, I couldn’t help but notice that many are skeptical of using ediscovery tools in their practices. So much so, for several solo practitioners, that they…
  • Apr 10

    Increasing Our Commitment to Open-Source Software

    Increasing Our Commitment to Open-Source Software
    We at Everlaw love open-source software. We build off of open-source tools for our application server, database, search engine, front-end framework, and more. What that means is that we don’t reinvent the wheel each time we write a new…
Rank this Week: 2699

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Apr 14

    Deposing an Economic Expert Witne

    Deposing an Economic Expert Witne
    Some attorneys rarely depose a financial expert, like an economist, and may dread the prospect. It needn’t be so. Preparation is key; here are a few suggestions for use in...The post Deposing an Economic Expert Witness appeared first on…
  • Apr 7

    Stairway Safety Expert: Codes and Standards You Need to Know

    Stairway Safety Expert: Codes and Standards You Need to Know
    According to the National Safety Council statistics, falls are the second leading cause of accidents in the U.S., second only to motor vehicle accidents. While many falls occur as the...The post Stairway Safety Expert: Codes and Standards You…
  • Mar 30

    Writing a Forensic Engineering Expert Report – Best Practice

    Writing a Forensic Engineering Expert Report – Best Practice
    Introduction Forensic engineering projects are often litigious in which different parties seek to collect or avoid damages based upon technical allegations. Such projects will often include the production of reports...The post Writing a…
Rank this Week: 3086

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/
  • Apr 15

    Great News for Annuitie

    Great News for Annuitie
    April 15, 2015 – Yesterday was a great day for annuities! According to a report in InvestmentNews, Ken Fisher is leaving the building. You may have never heard of Ken Fisher but you’d be hard pressed to miss him if you’ve…
  • Mar 31

    Celebrating Our 263rd Anniversary

    Celebrating Our 263rd Anniversary
    April 1, 2015 – Although most of our clients have come to think of the Finn Financial Group as the people who help them meet their 21st century future financial security needs, it is with great pride that we pause today to pay tribute…
  • Mar 16

    Life Insurance Industry Forecast: Smooth Sailing Ahead

    Life Insurance Industry Forecast: Smooth Sailing Ahead
      March 16, 2015 – Demonstrating that good news often travels in threes, I’m pleased to unfurl the attached triad of recent links which point to “smooth sailing” for the life insurance industry in 2015: A.M. Best:…
Rank this Week: 2417

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
  • Apr 9

    Fundamental Error to Restrict Lawyer’s Questions During Voir Dire

    Fundamental Error to Restrict Lawyer’s Questions During Voir Dire
    A trial judge is Vero Beach was reversed last week for restricting defense counsel’s questions during jury selection. The defense lawyer in the case had been forced by the judge into going to trial without his client being…
  • 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…
Rank this Week: 2270

The Illinois Trial Practice Weblog

The Illinois Trial Practice Weblog

Offers tips and techniques for trials lawyers. By Evan Schaeffer.

http://www.illinoistrialpractice.com/
  • Apr 20

    New at <i>Lawyerist</I>: Self-Editing for Legal Writer

    New at &lt;i&gt;Lawyerist&lt;/I&gt;: Self-Editing for Legal Writer
    I have a new article at Lawyerist, "Write Better Legal Documents with an Editing Checklist"-- By using a self-editing checklist to edit your writing, you will quickly improve the quality of your finished work. You will also become a…
  • Mar 12

    Is That Deposition Really Necessary?

    Is That Deposition Really Necessary?
    If you want to dramatically reduce litigation costs, cut out the number of depositions you do. To figure out whether or not you should really be deposing a witness, read my article "5 Questions to Ask Before Taking a Deposition,"...
  • Mar 6

    The Top Legal Podcast

    The Top Legal Podcast
    From Legal Productivity, "Top 10 Legal Podcasts," by Tim Baran-- Trying to maintain a current, relevant legal blog is hard enough. Podcasts require a whole other level of commitment. Not surprisingly the landscape is littered with dated…
Rank this Week: 2987

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Apr 24

    “I know I shouldn’t text from the toilet,  but….”

    &ldquo;I know I shouldn&rsquo;t text from the toilet,&nbsp; but&hellip;.&rdquo;
    People take selfies at funerals and text during sex. Others text while in the shower or while using the toilet (which apparently is not just for newspapers and books any longer). And wherever there are social faux pas’ you can bet…
  • Apr 22

    Lumbersexuals with tattoos: Are they new and improved? 

    Lumbersexuals with tattoos: Are they new and improved?&nbsp;
    Recently we blogged about an emerging demographic subgroup: the lumbersexual. After reading the flurry of mainstream media articles about this group, here is how we described them: “As far as we can tell, the lumbersexual is an urban…
  • Apr 10

    Pitfalls of the prevaricator 

    Pitfalls of the prevaricator&nbsp;
    Typically we write about newly published research here at The Jury Room. But one of our favorite blogs (Mind Hacks) wrote about this article and then we went to read the actual article and discovered it was authored by some of our favorite…
Rank this Week: 1006

The Law of Evidence

The Law of Evidence

Discusses evidentiary rules, objection practices, and court rulings. By Jesse Langel.

http://jesselangelevidence.blogspot.com
  • Mar 15

    "The Profit," Marcus Lemonis, Fails to Prove Breach of Contract Over "Brooklyn Burger" Trademark

    "The Profit," Marcus Lemonis, Fails to Prove Breach of Contract Over "Brooklyn Burger" Trademark
    I love the show. Marcus Lemonis is the man. In the hit show “The Profit,” he offers deals to purchase large stakes in failing companies and uses his business acumen to restore them back to profitability.You remember the episode…
  • Jan 24

    Testifying Against your Spouse in New York

    Testifying Against your Spouse in New York
    Generally, spouses are “competent” to testify for—and against—one another. When we say a witness is “competent” to testify we mean that the witness has the minimal ability and adequate qualification[1]to…
  • Dec 31

    The Self-Incrimination Privilege in New York Civil Case

    The Self-Incrimination Privilege in New York Civil Case
    Black’s Law defines self-incrimination as “the act of indicating one’s own involvement in a crime or exposing oneself to prosecution, especially by making a false statement.” The principle, embodied in the Fifth…
Rank this Week: 1671

The Trial Warrior Blog

The Trial Warrior Blog

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

http://thetrialwarrior.com/
  • Dec 8

    Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction

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

    So Long, Farewell

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

    2014 Canadian International Law Students Conference

    2014 Canadian International Law Students Conference
    I am privileged to be the keynote speaker at the upcoming  2014 Canadian International Law Students Conference, jointly presented by the International Law Society of University of Toronto Faculty of Law and Osgoode Hall Law…
Rank this Week: 1957

The Velvet Hammer

The Velvet Hammer

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

http://www.karenkoehlerblog.com
  • Apr 2

    The Woodpecker and another tale of betrayal

    The Woodpecker and another tale of betrayal
    Someone is knocking on the door.  Nala starts barking.  Reach over for phone.  It is 6:30 a.m.  The knocking continues.  Realize it isn’t knocking. Jump out of bed.  Rush to the balcony door. …
  • Mar 19

    If at first you don’t succeed…The Tale of Mr. T part 2

    If at first you don’t succeed…The Tale of Mr. T part 2
    The movie gift that just keeps giving – is the showdown between Tom Cruise and Jack Nicholson in A Few Good Men.  That moment on the witness stand when Jack defiantly declares his magnificence.  Gets up to leave.  And Tom…
  • Mar 17

    Argument by iphone

    Argument by iphone
    Alarm goes off.  Am already conscious.  Tissues surround me.  Am ill. Have to be in court by 8:45.  Go through the motions.  Get there in time.  Judge S is late.  We are set to argue before a jury trial…
Rank this Week: 4730

Thoits Law Blog

Thoits Law Blog

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

http://www.thoitslaw.com/blog/
  • Apr 8

    You Really, Really Need a Shareholder Buy-Sell Agreement

    You Really, Really Need a Shareholder Buy-Sell Agreement
    ...a relatively small investment of time spent on the fundamentals can yield significant dividends in the future – and help to avoid much distress. And, the first fundamental, particularly for founders who do not anticipate seeking venture…
  • Apr 8

    Selling Restricted Stock of Private Companie

    Selling Restricted Stock of Private Companie
    Anyone who holds restricted stock of a non-public company, such as Twitter, Box, or Palantir among others, probably has discovered it is possible to find buyers for their stock by contacting Second Market or Shares Post or other…
  • Feb 22

    California Pregnancy Disability Leave: Longer Than Four Months?

    California Pregnancy Disability Leave: Longer Than Four Months?
    The court stated that this was a "case of first impression" and posed the issue as "whether an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL)...may nevertheless state…
Rank this Week: 3578

Tort Talk

Tort Talk

Provides updates and trends in Pennsylvania civil litigation law. By Daniel E. Cummins.

http://www.torttalk.com/
Rank this Week: 253

TortDeform

TortDeform

A civil justice defense blog. By the Drum Major Institute for Public Policy.

http://www.tortdeform.com/
  • May 20

    The Politics Behind Tort Reform

    The Politics Behind Tort Reform
    Hello, and welcome back after that fifteen-month intermission. I've been too busy helping people to blog about the forces that want to prevent me from helping people. To dip my toe back in the blogging water, I thought I'd give a…
  • Feb 17

    The value of a human life and damage cap

    The value of a human life and damage cap
    Even if we go with the Bush-era figure of $6.8 million, you’re far above the often-proposed cap of $250,000 for noneconomic damages.  I’m morally opposed to ANY damage cap because I don’t believe that you can set a flat rate on every…
  • Feb 9

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective
    Which is a greater tragedy: A child dying at the hands of an incompetent doctor, or a toy company ripping off the design of a doll from another toy company?  Brian Wilson discusses how out-of-whack our priorities are regarding…
Rank this Week: 1359

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/
  • Apr 24

    Multilingual Website Translation Services and the Case for Multi-Lingual Website

    Multilingual Website Translation Services and the Case for Multi-Lingual Website
    Having a multilingual website automatically gives your business global reach, and the potential for a global audience. Of course, a wider audience means a wider range of foreign languages spoken by your website’s visitors and viewers.…
  • Mar 27

    Legal Translation Services for Entertainment Lawyer

    Legal Translation Services for Entertainment Lawyer
    Recently, Hunan Group announced a large financing deal with Lions Gate, a move that became the largest Chinese investment in Hollywood in history. This is likely just the first step in this direction by Chinese companies. More and more…
  • Mar 5

    Multilingual Business Translation Service

    Multilingual Business Translation Service
    We blogged about legal translation services in the context of machine translation. Foreign language translation services for businesses are becoming more common in smaller, regional dialects, according to a recent article in The Economist…
Rank this Week: 1950

Trial Ad Notes

Trial Ad Notes

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

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

    National Academies reports - Growth of Incarceration

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

    Evidence-Based Practice in Criminal Defense

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

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded
    Interesting case from New York: Joel Stashenko, Conviction Reversed as Expert Barred from Testifying, N.Y.L.J., April 3, 2015.The case is People v. McCullough, 11-01614 (N.Y. Sup. Ct., App. Div. March 27, 2015), link to court website
Rank this Week: 1973

Trial Advocacy Blog

Trial Advocacy Blog

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

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

    Temple Law alum vies for vacant Montana Supreme Court seat

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

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

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

    August/September 2013 Law Library Acquisition

    August/September 2013 Law Library Acquisition
    Administrative LawFederal administrative law / by Gary Lawson.Lawson, Gary, 1958-St. Paul, Minn. : West, c2013.TZ2 L445 2013 Administrative Law Developments in Administrative Law and Regulatory Practice, 2012 / edited by Jeffery S. …
Rank this Week: 4909