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California Civil Litigation Blog

California Civil Litigation Blog

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

http://www.koller-law.com
  • Feb 28

    Obama’s new cybersecurity plan a good start

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

    The Target Breach: How the Financial Industry is Reacting

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

    The Ramifications of a Security Breach

    The Ramifications of a Security Breach
    New Study Finds that Two Thirds of U.S. Adults Would Not Return to a Business Where Their Personal Information was Stolen. From hackers to stolen laptops, security breaches have been on the rise.  While most businesses are aware of the…
Rank this Week: 3351

Video and the Law

Video and the Law

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

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

    The ABC’s of Collecting Valuable Demonstrative Evidence

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

    The Evolution of Law Firm Website

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

    Behind the Scenes of a Trial Video

    Behind the Scenes of a Trial Video
    “O Romeo, Romeo, wherefore art thou Romeo?” The familiar and famous Shakespeare play “Romeo and Juliet,” about two young lovers that ends in tragedy was created and written with great thought and an outline, or what we call in the…
Rank this Week: 3452

Advocate's Almanac

Advocate's Almanac

Focuses on criminal law and evidentiary issues. By Rubin Sinins.

http://advocatesalmanac.blogspot.com/
  • Aug 1

    N.J. Supreme Court Rejects Defendant's Alleged Right to Perjury for Lesser Plea

    N.J. Supreme Court Rejects Defendant's Alleged Right to Perjury for Lesser Plea
    In State v. Taccetta, the N.J. Supreme Court rejected a defendant's post-conviction relief claim of ineffective assistance of counsel. The decision may be found here. Defendant, an alleged member of an organized crime family, faced murder…
  • Jul 21

    N.J. Supreme Court Reaffirms Particularity Requirement for Warrant

    N.J. Supreme Court Reaffirms Particularity Requirement for Warrant
    Today the N.J. Supreme Court reaffirmed the principle that warrants must state the place to be searched with particularity. The Court also reaffirmed the concept that the Court cannot delegate to the police the detached, neutral assessment…
  • Jul 14

    N.J. Supreme Court Rejects Missing Witness Jury Charge Against Criminal Defendant

    N.J. Supreme Court Rejects Missing Witness Jury Charge Against Criminal Defendant
    For years, the decision in State v. Clawans permitted judges, in appropriate circumstances, to charge juries that a party's failure to call a witness who naturally would have been called may give rise to an inference that the witness's…
Rank this Week: 3457

Insurance Defense Blog

Insurance Defense Blog

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

http://www.insurancedefenseblog.us/
  • Jul 26

    Misclassification of employees as independent contractors under FSLA

    Misclassification of employees as independent contractors under FSLA
    A headline in the Christian Science Monitor caught my eye the other day: "Are you an independent contractor? Probably not, Labor Department says." The article goes on to discuss a new Department of Labor ruling concerning the…
  • May 8

    District of Columbia Legislative History - LIMS

    District of Columbia Legislative History - LIMS
    The District of Columbia government has upgraded its Legislative Information Management System ("LIMS"). As a result of the upgrades, the database covers all legislation passed by the D.C. Council from 1989 to the present, a total…
  • 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…
Rank this Week: 3499

New York Business Litigation…

New York Business Litigation Lawyer Blog

Covers litigation, foreclosures, and business law. By The Silber Law Firm LLC.

http://www.thesilberlawfirm.com/
  • Aug 25

    Buyer Not Obligated to Close on Property for Which He Does Not Have Exclusive Use

    Buyer Not Obligated to Close on Property for Which He Does Not Have Exclusive Use
    A buyer entered into to a contract to purchase a penthouse co-op apartment for $27.5 million. Part of the unit being purchased included a terrace, which was to be for the buyer's exclusive use. Between contract and closing, this exclusive…
  • Aug 12

    Landlord Cannot Collect More than Actual Damage

    Landlord Cannot Collect More than Actual Damage
    Landlord and Tenant entered into a long-term commercial lease. After the Tenant vacated, Landlord terminated the lease, and sued to recover legal possession of the space and for rents that were then past due and owing. Landlord won that…
  • Jul 14

    Right to Privacy Is Not Absolute

    Right to Privacy Is Not Absolute
    As we discussed on this blog some time ago, an artist's freedom of expression may trump an individual's right to privacy. This issue has again reached the courts and this principle has been reaffirmed. Defendant Arne Svenson surreptitiously…
Rank this Week: 3523

Northern Virginia Lawyer

Northern Virginia Lawyer

Commentary and insight on Virginia law and procedure.

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

    Paul A. Prados selected as a rising star

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

    A Libertarian’s perspective on Ken Cuccinelli

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

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

    Gay marriage lawsuits taking back seat in waning days of the campaign
    I predicted that the gay marriage lawsuits in Virginia would have a significant impact on the gubernatorial campaigns in the final days. Apparently neither Cuccinelli nor McAuliffe appear interested in raising the fact that the AG's…
Rank this Week: 3521

Online Jury Research Update

Online Jury Research Update

Answers questions about trying cases to juries based on jury research. By Kathy Kellermann.

http://www.kkcomcon.com/CCOnlineJuryResearchUpdateByDate.htm
  • Sep 21

    What do jurors think of attorney voir dire questions? (September, 2011, Issue 1)

    What do jurors think of attorney voir dire questions? (September, 2011, Issue 1)
    Jurors sometimes withhold information during voir dire. In 1994, a prospective juror refused to answer several items on her juror questionnaire, maintaining that questions about her income, religion, television and reading habits, political…
  • Aug 17

    Are jurors biased against ethnic minority attorneys? (August, 2011, Issue 4)

    Are jurors biased against ethnic minority attorneys? (August, 2011, Issue 4)
    The American Bar Association reports that fewer than 10% of attorneys are minorities, with African Americans at 3.9%, Hispanics at 3.3%, and Asian Americans at less than 1%. The rate of entry into the legal profession for African Americans…
  • Aug 15

    How does a juror's social status affect participation in deliberations? (August, 2011, Issue 3)

    How does a juror's social status affect participation in deliberations? (August, 2011, Issue 3)
    Jurors with higher occupational statuses, higher levels of education, and higher incomes have higher social status. Social status disparities affect our communication activities and social behaviors, including jurors' behavior on juries. York…
Rank this Week: 3532

California Business Litigation…

California Business Litigation Attorney Blog

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

http://www.californiabusinesslitigationattorneyblog.com/
  • Dec 12

    What to Do If You Are Served With a Subpoena

    What to Do If You Are Served With a Subpoena
    If you are served with legal papers it is important to determine what type of papers you received. Are you being sued or are you being called to court or a deposition as a witness. It is worth a call to a litigation attorney to help you…
  • Aug 12

    How to Be Prepared for a Business Litigation Case

    How to Be Prepared for a Business Litigation Case
    Whether you have been sued or need to sue someone, it is important to know what to do both before the need for litigation arises. Careful record keeping and document organization are the best ways to help your business litigation attorney. …
  • Jul 23

    How to Buy a Business: Common Dangers and Pitfall

    How to Buy a Business: Common Dangers and Pitfall
    Anyone who wants to buy a business needs to be cautious before signing an offer. It is critical to consult with a lawyer who is experienced in California business sales to guide you through the process. Very often the business purchase…
Rank this Week: 3558

North Carolina Litigation Blog

North Carolina Litigation Blog

Covers litigation in North Carolina including construction law, personal injury, insurance, N.C. Court of Appeals and N.C. Supreme Court opinions. By Angela Jolly.

http://northcarolinalitigationblog.com/
  • Jul 14

    McIlveen and Project Halo team up

    McIlveen and Project Halo team up
      The McIlveen Family Law Firm has jump started its summer by becoming involved with several charities around Charlotte and Gastonia. …Continue reading »
  • Feb 15

    Child Support

    Child Support
    Reblogged from N.C. Family Law Blog: Child Support
  • Feb 9

    Rising Flood Waters in Charlotte Mean Higher Insurance Cost

    Rising Flood Waters in Charlotte Mean Higher Insurance Cost
    If you live in the Charlotte area then you that when the heavy rains come so does the flooding and it’s only getting worse. NC flood maps are being updated so be sure to check your address to see if your house is now in a flood zone. If so…
Rank this Week: 3593

Moredata

Moredata

Covers electronic discovery and evidence. By Ira P. Rothken.

http://www.moredata.com/
  • Mar 10

    The Sedona Conference® Commentary on Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible

    The Sedona Conference® Commentary on Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible
    The Sedona Conference® Working Group 1 recently published a Commentary on the issues of preserving, managing, and identifying not reasonably accessible electronically stored information or “NRA ESI". The result is a five-step framework for…
  • Apr 8

    Cell Phone Electronic Discovery Device

    Cell Phone Electronic Discovery Device
    It used to be that there was some unwritten understanding amongst lawyers and judges (or so it seemed) that unless it was the absolute core evidence in the case that litigants did not need to go out and extract, analyze for relevance, and…
  • Feb 13

    State E-Discovery Statute

    State E-Discovery Statute
    With all the hoopla over the revised Federal Rules dealing with electronic discovery one must not lose sight of the notion that the vast majority of cases in the United States get tried in state courts. While a number of states have used…
Rank this Week: 3631

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: 3667

Whistleblower Qui Tam Lawyer Blog

Whistleblower Qui Tam Lawyer Blog

Provides updates and commentary on whistleblower cases. By McCabe Rabin, P.A.

http://www.whistleblowerquitamlawyerblog.com/
  • Aug 19

    Using Company Documents to Prove the Fraud

    Using Company Documents to Prove the Fraud
    A recent case in Illinois highlights a common battleground in qui tam whistleblower cases namely, the whistleblower who keeps and relies upon company documents to prove the fraud allegations of his or her complaint. In Shmushkovich v. Home…
  • Aug 6

    Compounded Pain Creams and Gel

    Compounded Pain Creams and Gel
    As recently reported by CBS News, federal authorities are currently investigating widespread fraud occurring in the area of compounded pharmaceuticals and compounding pharmacies. Compounding refers to the process by which medications can…
  • Jul 23

    Whistleblowers and HIPAA

    Whistleblowers and HIPAA
    Whistleblowers often face a difficult decision when they suspect fraud at their place of employment.   The whistleblower knows that fraud is being committed, but he or she will never be able to prove it without keeping or retaining…
Rank this Week: 3695

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: 3718

Resolving Discovery Disputes

Resolving Discovery Disputes

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

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

    WHAT IS WRONG WITH THE CURRENT CMO PROCESS IN CONSTRUCTION LITIGATION? And yes, there is a better way!

    WHAT IS WRONG WITH THE CURRENT CMO PROCESS IN CONSTRUCTION LITIGATION? And yes, there is a better way!
    At the 22nd Annual West Coast Casualty Seminar, Plaintiff counsel Michael Kennedy, General Contractor Counsel Matthew Hawk, Subcontractor Counsel Brian Sanders, Claims Manager James Rzpecki and I presented a new protocol for how to…
  • Jun 30

    Are You Ready For Mediation? Part 2–The Ten Commandment

    Are You Ready For Mediation? Part 2–The Ten Commandment
    As a mediator, there is always a case that you question yourself as to what you could you could have done differently in order to resolve the matter.  My case involved a personal injury case.  It appeared to be straightforward, as…
  • Jun 30

    Are You Ready For Mediation? Part 2–The Ten Commandment

    Are You Ready For Mediation? Part 2–The Ten Commandment
    As a mediator, there is always a case that you question yourself as to what you could you could have done differently in order to resolve the matter.  My case involved a personal injury case.  It appeared to be straightforward, as…
Rank this Week: 3725

Judge Bonnie Sudderth

Judge Bonnie Sudderth

Covers the Texas Rules of Evidence.

http://judgebonniesudderth.wordpress.com/
Rank this Week: 3739

Osterberg's Blog

Osterberg's Blog

Thoughts on intellectual property and federal court business litigation. By Eric Osterberg.

http://www.osterbergllc.com/blog/
  • Oct 8

    Do patent and copyright law restrict competition and creativity excessively? Posner

    Do patent and copyright law restrict competition and creativity excessively? Posner
    I am concerned that both patent and copyright protection, though particularly the former, may be excessive. via www.becker-posner-blog.com I disagree with the author regarding fair use. The problem he posits is better addressed by the…
  • Sep 28

    Three Things You Should Have in Your NDA, But May Not

    Three Things You Should Have in Your NDA, But May Not
    1. A requirement that the party receiving confidential information identify all personnel who are given access to the information, make them aware of the NDA and insure that they are bound by it. Identification is particularly important, in…
  • Sep 5

    The Latest From the Federal Circuit on Injunctions, Sunset Royalties, and Future Royalty Rate

    The Latest From the Federal Circuit on Injunctions, Sunset Royalties, and Future Royalty Rate
    Even if you win your patent infringement case, you still may not get an injunction prohibiting ongoing infringement.  In a case decided last month by the Federal Circuit, ActiveVideo v.
Rank this Week: 3749

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Aug 30

    UCLA Health System Class Action Develops After Data Breach

    UCLA Health System Class Action Develops After Data Breach
    The UCLA Health System class action was filed against the University of California, Los Angeles, after a data breach... Read More The post UCLA Health System Class Action Develops After Data Breach appeared first on The Expert Institute.
  • Aug 30

    Depakote Class Action: Epilepsy Drug Investigated For Birth Defect

    Depakote Class Action: Epilepsy Drug Investigated For Birth Defect
    The Depakote class action has emerged recently, targeting the manufacturer’s anticonvulsant drug that has been prescribed to hundreds of... Read More The post Depakote Class Action: Epilepsy Drug Investigated For Birth Defects…
  • Aug 24

    Exposed Users of Ashley Madison Form Class Action Lawsuit

    Exposed Users of Ashley Madison Form Class Action Lawsuit
    A class action lawsuit has been filed against the website AshleyMadison.com, a website for those seeking extra-marital affairs.... Read More The post Exposed Users of Ashley Madison Form Class Action Lawsuit appeared first on The Expert…
Rank this Week: 3806

A Winning Tip

A Winning Tip

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

http://awinningtip.blogspot.com/
  • Sep 2

    Answer a Primordial Question for the Jurors: Who?

    Answer a Primordial Question for the Jurors: Who?
    The names, acronyms and abbreviations so familiar to you, are not to the jurors. You may think that by saying, for example, “Acme Building Supply, which we’ll now call ABS for convenience” is enough to warrant saying…
  • Aug 3

    How to Create a Powerful, Persuasive Chart: KISS

    How to Create a Powerful, Persuasive Chart: KISS
    Charts and graphs are among the most persuasive of the array of visuals you have available to you to bring your case home to jurors. As old-school as they may seem, well done charts/graphs can sometimes have more impact than hi-tech…
  • Jul 1

    Explain "Why" to Make Your Case Matter to the Juror

    Explain "Why" to Make Your Case Matter to the Juror
    In a courtroom, it isn't necessarily the attorney with the best facts who wins, but the attorney who best explains the relevance of those facts both to the case and to the jurors.Certainly, you need solid evidence, but here we’re…
Rank this Week: 3869

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.” 
  • 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.”  On…
  • 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…
Rank this Week: 3901

Lean and Mean Litigation Blog

Lean and Mean Litigation Blog

Covers lean litigation practices. By Stewart Weltman.

http://leanlitigation.typepad.com/weltman/
  • Apr 1

    What's That You're Wearing - Or An Old School Approach To Courtroom Attire

    What's That You're Wearing - Or An Old School Approach To Courtroom Attire
     
  • Feb 9

    FOLLOW ME ON TWITTER: @LeanMeanLaw

    FOLLOW ME ON TWITTER: @LeanMeanLaw
    For those readers who have enjoyed my posts, I apologize for having let the Lean and Mean Litigation Blog languish without a fresh post. As those of you who have followed this blog may realize, I try to ensure that most of my posts are…
  • Apr 22

    Dealing With Greased Pigs and other Similar Witnesse

    Dealing With Greased Pigs and other Similar Witnesse
    I welcoming myself back to my blog.  After a long hiatus during which I was very very busy, I just didn't have time to post.  But now, even though I am still very very busy, I am told that I should start posting again.  So here goes. What…
Rank this Week: 3999

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: 4020

LITIG8R TECH

LITIG8R TECH

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

http://blog.litigatortechnology.com/
  • Mar 29

    What is the largest jury pool in history?

    What is the largest jury pool in history?
    At this writing, the answer is 9,000. The first wave of a 9,000-member jury pool – the largest in U.S. history – appeared in a Colorado courtroom…” It is for the trial of James Holmes accused of the 2012 attack at an…
  • Dec 24

    Happy Holidays from Litig8r Tech

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

    Apple Introduces iPad Air 2 and iPad mini 3

    Apple Introduces iPad Air 2 and iPad mini 3
    In case you missed it, earlier this month Apple announced the “thinnest and most powerful iPad ever.” From Apple: The new iPad features an improved Retina display for enhanced contrast and richer, more vibrant colors, and better…
Rank this Week: 4061

Class Action Defense Review

Class Action Defense Review

Covers the defense of class action lawsuits. By Cozen O'Connor.

http://www.classactiondefensereview.com/
  • Dec 6

    When Do Multiple State Court Actions Become a Removable "Mass Action"?

    When Do Multiple State Court Actions Become a Removable "Mass Action"?
    Under the Class Action Fairness Action of 2005, defendants may remove certain class actions to federal court if they meet the definition of “mass actions.” To qualify as a “mass action,” a lawsuit must involve…
  • Oct 28

    Extending the Reach of Comcast v. Behrend

    Extending the Reach of Comcast v. Behrend
    This past March, the Supreme Court held that a class may not be certified if its proposed damages model does not adequately limit damages to the alleged wrongful conduct that will be adjudicated before the trial court. In Comcast Corp. v.…
  • Sep 20

    The Consequences of Not Invoking a Right to Arbitrate

    The Consequences of Not Invoking a Right to Arbitrate
    A class action is brought against a company notwithstanding an arbitration provision in the company’s standard contract. The company does not move to compel arbitration, but begins litigating the matter in federal court. A second…
Rank this Week: 4069

ericsuter.net

ericsuter.net

A litigator's blog with numerous other interests slipped in.

http://ericsuter.tumblr.com/
  • Nov 9

    From the Shelve

    From the Shelve
    War and Peace by Leo Tolstoy My rating: 4 of 5 stars A times an evocative pleasure, at times a...
  • Nov 9

    From the Shelve

    From the Shelve
    War and Peace by Leo Tolstoy My rating: 4 of 5 stars A times an evocative pleasure, at times a...
  • Nov 9

    From the Shelve

    From the Shelve
    War and Peace by Leo Tolstoy My rating: 4 of 5 stars A times an evocative pleasure, at times a...
Rank this Week: 4145

Unstructured Data Blog

Unstructured Data Blog

Covers electronic discovery. By Digital Reef.

http://unstructureddata.wordpress.com
  • Aug 4

    Steve Akers Interview with BeyeNetwork

    Steve Akers Interview with BeyeNetwork
    I suggest that if you are interested in intelligent Enterprise search that you listen to  Steve Akers being interviewed by BeyeNetworks – it is a long session but well worth the time.   Steve discusses a number of things including the…
  • Aug 4

    Steve Akers Interview with BeyeNetwork

    Steve Akers Interview with BeyeNetwork
    I suggest that if you are interested in intelligent Enterprise search that you listen to  Steve Akers being interviewed by BeyeNetworks – it is a long session but well worth the time.   Steve discusses a number of things…
  • Jul 23

    Whither Thou ILM?

    Whither Thou ILM?
    Some of you may remember the big buzz around Information Life-cycle Management or ILM.  EMC pushed the concept of ILM a few years back and many of their competitors followed them down this winding road.  You know that marketing campaigns…
Rank this Week: 4152

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: 4166

Nashville Trial Lawyer Blog

Nashville Trial Lawyer Blog

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

http://www.nashvilleinjurylawyer-blog.com/
Rank this Week: 4190

DepoTexas Court Reporting Blog

DepoTexas Court Reporting Blog

Covers court reporting and litigation support.

http://depotexas.com/blog/
  • Mar 5

    Houston Court Reporting and Legal Video, a Match Made in Heaven

    Houston Court Reporting and Legal Video, a Match Made in Heaven
    Some things are just meant to go together… When it comes to litigation support services, the combination of Houston court reporting and legal video is a dynamic duo that can go a long way toward helping an attorney provide the best service…
  • Mar 1

    Where to Find the Best Houston Court Reporter

    Where to Find the Best Houston Court Reporter
    Attorneys in Texas have a significant amount of options to choose from when looking for the best Houston court reporters. The role of a court reporter is extremely important, as their ability to precisely transcribe testimony during…
  • Feb 28

    Internet Deposition Streaming Technology Connects San Antonio Court Reporters with Remote Counsel

    Internet Deposition Streaming Technology Connects San Antonio Court Reporters with Remote Counsel
    For situations where an attorney has multiple depositions scheduled in different locations, or is looking to reduce travel costs, internet deposition streaming is a powerful litigation support tool that enables busy attorneys to virtually be…
Rank this Week: 4206

Accessibility Defense

Accessibility Defense

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

http://accessdefense.com
  • Jan 19

    ADA compliance – half right is all wrong

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

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

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

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

    Reasonable accommodation under the ADA – what would you do for your mother?
    I wrote last week about the difficulty in determining just what the ADA requires in cases concerning physical accessibility. A recent decision from California shows how hard it can be to know what the “reasonable accommodation”…
Rank this Week: 4315

Legally Speaking Ohio

Legally Speaking Ohio

Provides commentary and analysis on cases going in front of the Supreme Court of Ohio. By Marianna Bettman.

http://www.legallyspeakingohio.com
  • Sep 2

    More on Judicial Elections in Ohio.

    More on Judicial Elections in Ohio.
    We elect all judges in Ohio.  The Ohio Constitution requires this. Over the years, different judicial leaders have expressed dissatisfaction with electing judges. The late Chief Justice Tom Moyer long favored merit selection, at…
  • Aug 27

    Some Remand Updates.

    Some Remand Updates.
    Friebel v. Visiting Nurse Assn. of Mid-Ohio On October 21, 2014, the Supreme Court of Ohio handed down a merit decision in Friebel v. Visiting Nurse Assn. of Mid-Ohio, 2014-Ohio-4531. The issue in the case was whether an Ohio ……
  • Aug 26

    Oral Argument Preview: Are Outside Salespeople Exempted Employees Under Ohio’s Minimum Wage Laws? John Haight et al. v. Cheap Escape Company et al.

    Oral Argument Preview: Are Outside Salespeople Exempted Employees Under Ohio’s Minimum Wage Laws? John Haight et al. v. Cheap Escape Company et al.
    On September 2, 2015, the Supreme Court of Ohio will hear oral argument in the case of John Haight et al. v. Cheap Escape Company et al., 2014-1241. At issue in this case is whether or not an outside … Continue reading →
Rank this Week: 4323

Nextpoint's Legal Technology Blog

Nextpoint's Legal Technology Blog

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

http://www.nextpoint.com/blog/
  • Aug 31

    Early Data Assessment (EDA) v. Early Case Assessment (ECA)

    Early Data Assessment (EDA) v. Early Case Assessment (ECA)
    You’ve got a new litigation that’s been filed either by, or against your client. The client has millions of files that may be vital to your case. Or they may be digital deadweight. What’s the next…
  • Jun 19

    5 Tips to Minimize eDiscovery Document Review Cost

    5 Tips to Minimize eDiscovery Document Review Cost
    eDiscovery can very quickly become the most cost-intensive part of your case. In our daily consultation with clients we strive to educate them on ways to reduce the overall spend during eDiscovery – and particularly, share tips for…
  • Jun 9

    Chicago Bar Association Member Discount Program Includes Nextpoint

    Chicago Bar Association Member Discount Program Includes Nextpoint
    Substantial subscription discounts on Nextpoint technology offered to all Chicago Bar members. The CBA Member Discount program allows a select number of technology partners to offer significant discounts on services to the membership of…
Rank this Week: 4334

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: 4367

North Texas Legal News

North Texas Legal News

Covers Texas business law. By Leiza Dolghih.

http://northtexaslegalnews.com/
  • Aug 31

    Could Your Restaurant Be Violating A Federal Wage Law?

    Could Your Restaurant Be Violating A Federal Wage Law?
    In the words of the Fifth Circuit Court of Appeals, “this case concerns coffee and tipping.”  More specifically, Montano v. Montrose Restaurant Associates, Inc. concerns a question of whether a restaurant violated…
  • Aug 18

    Two Common (and Costly) Mistakes in Trade Secrets Litigation

    Two Common (and Costly) Mistakes in Trade Secrets Litigation
    Trade secrets litigation can be expensive, and if you can avoid it by implementing the measures that I’ve previously described here, then you are off to a good start.  But if your trade secrets have been misappropriated and you…
  • Jul 26

    Is Your Non-Compete Enforceable in Texas?

    Is Your Non-Compete Enforceable in Texas?
    Many a business owner has been tempted to save a few hundred dollars by using a non-compete agreement found somewhere on the web or bought from Legalzoom or the like.  The problem with such an approach is, of course, that every state has…
Rank this Week: 4415

The Law of Evidence

The Law of Evidence

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

http://jesselangelevidence.blogspot.com
  • Aug 6

    Inflammatory Statements During Closing; What is Too Much?

    Inflammatory Statements During Closing; What is Too Much?
    Ben Rubinowitz is one of the best public speakers I have ever seen. He usually presents the year’s significant cases at the yearly “Decisions” seminar hosted by NYSTLA. I hope he presents again next month (September…
  • Aug 4

    Upper East Side Crane Collapse: $48 M Punitive Damage Award for Cutting Cost

    Upper East Side Crane Collapse: $48 M Punitive Damage Award for Cutting Cost
    Remember the East 91st Street crane collapse in 2008 that rattled the city?Seven years later following a 10-month civil trial, a jury found James Lomma, the “King of Cranes,” 61 percent liable for the collapse of the crane…
  • Jun 4

    Evidence of Code Inspector’s Racist Statements Ruled Conditionally Admissible

    Evidence of Code Inspector’s Racist Statements Ruled Conditionally Admissible
    Alleging violations of substantive due process rights,[1]a family of homeowner plaintiffs sued a town code inspector for arbitrarily denying a permit to rebuild a home. Generally, to meet a substantive due process claim, a plaintiff must show…
Rank this Week: 4428

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
  • Sep 2

    Recent Commentary on Cybersecurity by Ron Raether and Scot Ganow

    Recent Commentary on Cybersecurity by Ron Raether and Scot Ganow
    On September 2, FIC partner Ron Raether spoke at the Cyber Security Forum hosted by the Cincinnati Business Courier.  Ron and fellow FIC attorney Scot Ganow regularly speak and write on the latest issues affecting cybersecurity,…
  • Sep 1

    College Athletes as Employees? Not so Fast, My Friend!

    College Athletes as Employees? Not so Fast, My Friend!
    On August 17, 2015, one of the major sports law cases over the last two years came to a surprising close. The National Labor Relations Board (“NLRB” or “Board”) declined to exercise jurisdiction over the question of…
  • Aug 31

    MICHIGAN STATE ORDERED TO DISCLOSE SUSPECT’S INFORMATION REDACTED FROM UNIVERSITY POLICE INCIDENT REPORTS

    MICHIGAN STATE ORDERED TO DISCLOSE SUSPECT’S INFORMATION REDACTED FROM UNIVERSITY POLICE INCIDENT REPORTS
    Earlier this month, a Michigan Court of Appeals affirmed a trial court’s order that Michigan State disclose the names of suspects redacted from university police incident reports.   ESPN, Inc. v. Michigan State University, No.…
Rank this Week: 4454

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/
  • Jun 19

    Middle District of Alabama Dismisses Wanton Conduct and Training Claims in Car Accident Case

    Middle District of Alabama Dismisses Wanton Conduct and Training Claims in Car Accident Case
    Typically, an injured car accident victim will accuse an at-fault driver of committing negligence. Sometimes, however, plaintiffs may assert additional claims. In Craft v. Triumph Logistics, Inc., a Louisiana woman was traveling north on a…
  • Jun 12

    The Martin Law Firm, LLC Announces Its 2015 Super Lawyers Selection

    The Martin Law Firm, LLC Announces Its 2015 Super Lawyers Selection
    The Martin Law Firm, LLC is pleased to have been named to the 2015 edition of Alabama Super Lawyers. Attorney Mintrel D. Martin is the founder and managing attorney of the firm and is the recipient of this prestigious award for three…
  • Jun 5

    Alabama Court Grants Summary Judgment in Serious Traffic Wreck Case Involving Train

    Alabama Court Grants Summary Judgment in Serious Traffic Wreck Case Involving Train
    Whether you are entitled to recover damages following an auto accident may depend on the terms of your Alabama automobile insurance policy. In Rabon v. Rabon, a Castleberry couple whose two adult children resided with them purchased an…
Rank this Week: 4477

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/
  • Sep 2

    SC: August 20, 2015 Supreme Court of Ky Decisions (Minutes 83-123)

    SC: August 20, 2015 Supreme Court of Ky Decisions (Minutes 83-123)
    Supreme Court of Kentucky announced 41 decisions on August 20, 2015, with 13 Kentucky Supreme Court opinions designated for publication; 5 attorney/judicial ethics and disciplinary matters were announced;  and 12…
  • Aug 31

    COA: August 28, 2015 Court of Appeals Decisions (Minutes) (723-741) 22 decisions; 3 published)

    COA: August 28, 2015 Court of Appeals Decisions (Minutes) (723-741) 22 decisions; 3 published)
    Published Court of Appeals appellate cases for  this week – August 28, 2015: 729.  Family Law.  Child support.  CR 59.05 Michelle Bootes vs. Damon Bootes COA Published Opinion Reversing and remanding;  Jefferson…
  • Aug 23

    Free webinar from rocket magtter that I…

    Free webinar from rocket magtter that I thought some might find interesting or even useful.  /mike Law Firm Leadership & Team Building Developing the right team of associates, paralegals, and staff is a key part of growing a…
Rank this Week: 4544

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/
  • Aug 31

    On Justice Thomas and Language Shared from Briefs and Lower Court Opinion

    On Justice Thomas and Language Shared from Briefs and Lower Court Opinion
    Adam Liptak’s article in the New York Times last Thursday (August 27), Clarence Thomas, a Supreme Court Justice of Few Words, Some Not His Own, has been making the rounds on legal blogs, social media, and email exchanges. In the...
  • Jul 26

    Pop Culture in the Classroom [Survey Request]

    Pop Culture in the Classroom [Survey Request]
    A colleague is seeking input from law professors regarding the use of popular culture in the classroom... Greetings Law Teacher Colleagues: I am working on an article this summer on uses of popular culture in the law school classroom. I...
  • Jun 22

    Speaking With Some Authority

    Speaking With Some Authority
    A reader kindly passed along this interesting link: The Art of Appellate Advocacy: A Conversation With the Supreme Court of Virginia. The two-hour video, organized by Jeffrey A. Breit, adjunct professor at William & Mary Law School,…
Rank this Week: 4548

Boston Lawyer Blog

Boston Lawyer Blog

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

http://www.bostonlawyerblog.com/
Rank this Week: 4561

Pendleton Judicial Training…

Pendleton Judicial Training Updates

The official repository of the "Minnesota Judicial Training Updates," which provides judicial tips for judges and attorneys.

http://www.PendletonUpdates.com
  • Sep 3

    PRESS RELEASE – BEST LEGAL BLOG CONTEST FINALISTS

    PRESS RELEASE – BEST LEGAL BLOG CONTEST FINALISTS
    For Immediate Release  Contact: Hon. Alan F. Pendleton, 763-498-1508, alan.pendleton@courts.state.mn.us; 763-498-1508; Judge Pendleton’s “Judicial Training & Education Blog” Has Been Nominated for The Expert…
  • Aug 27

    NORGAARD PLEA OF GUILTY – Unable to Recall Facts (15-16)

    NORGAARD PLEA OF GUILTY – Unable to Recall Facts (15-16)
    NORGAARD PLEA OF GUILTY: A Norgaard Plea is a procedure that governs situations where a defendant wants to enter a plea of guilty (usually in order to take advantage of a plea agreement) but is unable to recall facts due … Continue…
  • Aug 19

    FINAL REQUEST FOR HELP – FRIDAY IS THE LAST DAY TO NOMINATE THE BLOG

    FINAL REQUEST FOR HELP – FRIDAY IS THE LAST DAY TO NOMINATE THE BLOG
    Dear Friends and Loyal Readers of the Judicial Training & Education Blog, The deadline for nominating the Blog is this Friday, August 21. Acceptance into the competition depends on how many nominations each blog receives. I’ve been…
Rank this Week: 4576

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/
  • Sep 3

    Structured Settlement Usage Improves in 2015

    Structured Settlement Usage Improves in 2015
    September 3, 2015 – Of the nine categories of fixed annuities tracked by LIMRA Secure Retirement Institute, only one has shown a positive trend over 2014: Structured Settlements. An estimated 46.2 billion dollars’ worth of fixed…
  • Aug 18

    Mastering Structured Settlement

    Mastering Structured Settlement
    August 18, 2015 – In furtherance of our ongoing commitment to do our absolute best to help clients navigate the complex and often daunting personal injury pre-and-post-settlement resolution process, I’m proud to announce today…
  • Jul 29

    Structuring for Life (Insurance)

    Structuring for Life (Insurance)
    July 29, 2015 – Investors call it leverage. Taking (or borrowing) money from one source in an effort to multiply gains or address other financial objectives. Outside of the stock market, leverage need not be motivated by desire for…
Rank this Week: 4621

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

http://delawaretrialpractice.foxrothschild.com/
  • Sep 3

    Meddle In A Divorce Or Custody Action At Your Own Risk – Lessons From New York

    Meddle In A Divorce Or Custody Action At Your Own Risk – Lessons From New York
    There is no question that family members often provide much needed emotional and financial support during divorce and custody cases.  A recent post on the New Jersey Family Law Blog by Robert A. Epstein, a Partner in our Roseland, New…
  • Sep 1

    Appellate Practice – Supreme Court Dismisses Request For Review Of Election Result

    Appellate Practice – Supreme Court Dismisses Request For Review Of Election Result
    Petitioner, La Mar Gunn, requested a writ of certiorari issue from the Delaware Supreme Court to the Superior Court of Kent County to review the results of the Kent County Recorder of Deeds election.  Matter of La Mar Gunn, No. 268,…
  • Aug 31

    Delaware Courts Increase Fee

    Delaware Courts Increase Fee
    The Delaware Courts announced that they will be implementing fee increases.  The increases, which become effective on September 1, 2015, are as follows: Supreme Court— Filing fee ($50 increase: $450 – $500)…
Rank this Week: 4624

Virginia Employment Law Blog

Virginia Employment Law Blog

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

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

    An Employment Trap: Tardine

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

    Court Invalidates New FLSA Provision Relating to Home-Care Worker

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

    December Article Roundup

    December Article Roundup
    This month’s most popular and interesting articles covered some very important topics ranging from employment law and worker’s rights to the state of the ‘American Worker.’ More expansively, we also explored the…
Rank this Week: 4635

Nick Woolridge, Esq. Blog

Nick Woolridge, Esq. Blog

Covers commercial and civil litigation in New York.

http://www.nylitigationfirm.com/blog
Rank this Week: 4657

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: 4658