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Law Offices of Joseph C. Markowitz

Law Offices of Joseph C. Markowitz

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

http://www.jcmarkowitz.com/
  • Mar 25

    Penaltie

    Penaltie
    Another Court of Appeal opinion in California reaffirmed the rule that penalty provisions in settlement agreements are not enforceable. In a settlement agreement entered in Purcell v. Schweitzer, the plaintiff agreed to accept payments…
  • Mar 19

    Settlement confidentiality

    Settlement confidentiality
    A recent case from the Court of Appeal in Florida illustrates the perils of confidentiality clauses in settlement agreements, but something more as well. Patrick Snay brought an age discrimination suit against a private school that…
  • Nov 22

    Civil collaborative law

    Civil collaborative law
    Collaborative law has firmly established itself in the family law arena, where parties (and attorneys) are often willing to commit in advance to do everything they can to resolve divorce cases out of court. Not so much on the civil side,…
Rank this Week: 4647

Dispute Resolution in Germany

Dispute Resolution in Germany

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

http://www.disputeresolutiongermany.com/
  • Mar 25

    Personal Jurisdiction Over Foreign Parties in US Courts: New Development

    Personal Jurisdiction Over Foreign Parties in US Courts: New Development
    European businesses view being sued in the United States as a major business risk, and they traditionally percieve the U.S. courts to be very liberal in assuming jurisdiction over foreign parties. Recent decisions of the U.S.…
  • Mar 10

    Art Law: Bavarian Legislative Proposal “Unlikely to Succeed”, Minister Say

    Art Law: Bavarian Legislative Proposal “Unlikely to Succeed”, Minister Say
    The Bavarian legislative proposal dealing with art restitution rlaims will be on the agenda of the Upper Chamber (Bundesrat) of the German parliament this Friday. Ahead of the session, Thomas Kutschaty, the Minister of Justice for North Rhine…
  • Mar 6

    Art Law: U.S. Litigation in the Gurlitt Case Against Bavaria, Federal Republic of Germany

    Art Law: U.S. Litigation in the Gurlitt Case Against Bavaria, Federal Republic of Germany
    One of the posts here on the Gurlitt case was entitled Litigation is Coming Closer in Gurlitt Case. Nicholas O’Donnell reports in the Art Law Report today that the first case has indeed been brought -  by David Toren in…
Rank this Week: 4436

Alaska Law Blawg

Alaska Law Blawg

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

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

    Don’t Be the Good Guy Tenant

    Don’t Be the Good Guy Tenant
    By: Jim GainesWhen it comes to Landlord Tenant relationships, don’t be the good guy. Now, I’m not saying to be the bad guy, though, either.   In general, us human beings (most of us, anyway) desire to be liked and…
  • Mar 5

    Transaction Question

    Transaction Question
    By: Clayton WalkerPlease consider and answer the following questions to help us efficiently evaluate and structure your transaction, and help you address issues prospectively. General information about the proposed transaction: 1. Is there a…
  • Mar 3

    Unsuccessful Public Contract Bid Proce

    Unsuccessful Public Contract Bid Proce
    By: Clayton WalkerUnsuccessful Public Contract Bid Process The Alaska Supreme Court issued an opinion addressing a litigants complaints about an unsuccessful public contract bid process.  The full opinion can be found here.  There…
Rank this Week: 2671

Deliberations

Deliberations

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

http://jurylaw.typepad.com/deliberations/
  • Mar 17

    Second response to "Now you see it, now you don't"

    Second response to "Now you see it, now you don't"
    By Kelly Lawson This is a second response to "Now you see it, now you don't". Dr. Vallano makes several excellent points. Allow me to play prosecution advocate for a moment. I completely agree that memory is fallible (and malleable). I also…
  • Mar 17

    Response to "Now you see it, now you don't"

    Response to "Now you see it, now you don't"
    By Jonathan Vallano This is a reponse to "Now you see it, now you don't". This provocative blog raises more questions than answers regarding eyewitness testimony. What effects does eyewitness testimony have on legal decision-making (judges…
  • Mar 17

    Now you see it, now you don’t: The shortcomings of eyewitness identification

    Now you see it, now you don’t: The shortcomings of eyewitness identification
    By Matthew Mangino United States Supreme Court Justice William J. Brennan Jr. wrote in a dissenting opinion more than thirty years ago, “There is almost nothing more convincing than a live human being who takes the stand, points a…
Rank this Week: 2496

Federal Criminal Lawyer Blog

Federal Criminal Lawyer Blog

Covers legal topics such as appeals, drug crimes, internet crimes, white collar crime, and federal criminal trials. By Kish & Lietz.

http://www.georgiafederalcriminallawyerblog.com/
Rank this Week: 4505

At Counsel Table

At Counsel Table

Covers the craft and business of the courtroom lawyer. By Alex Craigie.

http://atcounseltable.wordpress.com
  • Mar 9

    We’ve Relocated, Please Visit Our New Address.

    We’ve Relocated, Please Visit Our New Address.
    If you’re reading this, you’ve reached the old site for At Counsel Table. We’ll be closing this site shortly. You can still get the same reliable, high-quality, 100% irony-free, individually crafted blog posts at our new…
  • Feb 15

    My Newfound Obsession With Proce

    My Newfound Obsession With Proce
    As the launch date for my solo practice approaches, I find myself obsessed in a way I never was before in my law practice about the subject of process. I have developed the belief that my own practice is far more likely to be both successful…
  • Feb 15

    My Newfound Obsession With Proce

    My Newfound Obsession With Proce
    As the launch date for my solo practice approaches, I find myself obsessed in a way I never was before in my law practice about the subject of process. I have developed the belief that my own practice is far more likely to be both successful…
Rank this Week: 2446

Expert Witness Guru's Blog

Expert Witness Guru's Blog

Covers rulings, news and marketing strategies for expert witnesses.

http://expertwitnessguru.com/blog/
  • Feb 24

    Product design expert witness allowed to testify on “ultimate issue” of infringement

    Product design expert witness allowed to testify on “ultimate issue” of infringement
    In this patent infringement suit regarding the design of a particular inner garment (Branovations, Inc. v. Ontel Products Corp.) the Florida district court ruled that simplicity of technology may negate need for expert testimony, but does not…
  • Feb 23

    Prosecution for pedicure – infectious disease expert witness testifie

    Prosecution for pedicure – infectious disease expert witness testifie
    An infectious disease expert witness was recently called on board in Hoff v. Steiner Transocean, Ltd. to testify about the source of infection on the Plaintiff’s feet, which, Plaintiff asserted, was caused by a pedicure he had on a…
  • Feb 22

    Finance expert witness partially admitted in Alabama

    Finance expert witness partially admitted in Alabama
    Participation loans are loans shared by a group of banks towards a single borrower. On January 27, 2014, the Alabama district court partially admitted a finance expert witness in one such participation loan scam trial (FNB Bank…
Rank this Week: 4767

Illinois Appellate Lawyer Blog

Illinois Appellate Lawyer Blog

Covers the appellate record, constitutional analysis, jurisdiction, mootness, rehearings and the standard of review. By Steven R. Merican.

http://www.illinoisappellatelawyerblog.com/
  • Feb 23

    Aldermen’s Appeal Of Victorious Referendum Moot

    Aldermen’s Appeal Of Victorious Referendum Moot
    More than 58 percent of the voters in Country Club Hills, Illinois passed a referendum that reduced the number of city aldermen from 10 to five. About three weeks later, a group of unhappy aldermen sued the county clerk. They asked the trial…
  • Feb 12

    Second Order Allowing Interlocutory Appeal Fails To Save Appellate Jurisdiction

    Second Order Allowing Interlocutory Appeal Fails To Save Appellate Jurisdiction
    After he was injured in an accident, Juan Zamora sued his employer, Newsboy Delivery Systems, and two individuals, Cherie and Richard Payne. Zamora claimed their negligence caused the accident. The trial court dismissed Newsboy because…
  • Feb 6

    Trucker’s Failure To Raise Commerce Clause Defense Dooms Tax Appeal

    Trucker’s Failure To Raise Commerce Clause Defense Dooms Tax Appeal
    Witte Brothers is an intersate trucking company. After an audit, under protest, Witte paid Illinois for “pass-through” miles [distance driven in Illinois without picking up or delivering goods]. Witte sued Illinois for…
Rank this Week: 2503

EDiscoveryMap

EDiscoveryMap

Covers cross-border ediscovery issues. By Monique Altheim.

http://ediscoverymap.com
  • Feb 23

    Top Monthly Privacy and Data Protection Storie

    Top Monthly Privacy and Data Protection Storie
    by Monique Altheim on February 23, 2014     Conferences  Powerpoint presentation of the closing plenary session on privacy @legaltechNY “Ripped from the Headlines: Cautionary Tales from the Annals of Data…
  • Feb 22

    Destruction of Private Data: Pushing the “Delete” Button is Not Enough

    Destruction of Private Data: Pushing the “Delete” Button is Not Enough
    A study commissioned in Australia by the National Association for Information Destruction (NAID), published on Feb.19, has found significant amounts of sensitive personal information left on recycled computers. The researchers purchased…
  • Feb 11

    Dissection of a Twitter Chat on Privacy and Data Protection with @JulieBrillFTC

    Dissection of a Twitter Chat on Privacy and Data Protection with @JulieBrillFTC
    FTC Comissioner Julie Brill recently held her first Twitter chat on the topic of privacy and the FTC. TWITTER LINGO FOR BEGINNERS: Those who are regular twiteratti can skip the following paragraph, but for those still not familiar with…
Rank this Week: 4120

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/
  • Feb 14

    Did "Gray Goods" Non-Organic Mushrooms Infringe a Grower's Trademark?

    Did "Gray Goods" Non-Organic Mushrooms Infringe a Grower's Trademark?
    Hokto USA is a subsidiary of Japan-based Hokuto Co. Ltd. Both are Japanese companies. Hokuto Co. grows non-organic mushrooms in Japan. Hokto USA produces the same mushroom varieties in the United States as Hokuto Co. does in Japan, but…
  • Jan 24

    Obama Care and the Sale of an Interest in a Privately Held Entity

    Obama Care and the Sale of an Interest in a Privately Held Entity
    I received some interesting information from EisnerAmper concerning this issue, which many people may be unaware of. Have a read here.
  • Jan 13

    Meaningful Changes Come to NY's Non-Profit Law

    Meaningful Changes Come to NY's Non-Profit Law
    In late December 2013, new laws were put in place addressing non-profits. While we do not have a significant non-profit practice, we are often asked about issues relating to non-profits. To that end, here is a link to a more robust…
Rank this Week: 3757

Delaware eDiscovery Report

Delaware eDiscovery Report

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

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

    LegalTech 2014 - A Focus on Information Governance

    LegalTech 2014 - A Focus on Information Governance
    Last week I attended LegalTech at the Hilton in New York City. During the past two years the focus of LegalTech has largely been on the continuing Predictive Coding discussion with an emphasis on using it to reduce the cost of discovery. …
  • May 28

    Predictive Coding Order Modified

    Predictive Coding Order Modified
    A recent landmark decision in which the Court of Chancery ordered both sides to engage in predictive coding by using a mutually agreed upon vendor has been modified. The new order allows plaintiffs in the EORHB v. HOA matter to review…
  • May 21

    A Glossary of eDiscovery Term

    A Glossary of eDiscovery Term
    We lawyers have a tendency to confuse our terminology when discussing technology.  This is especially true when discussing the technical aspects of eDiscovery.  I was inspired by the excellent Grossman-Cormack Glossary of…
Rank this Week: 4734

Judge Bonnie Sudderth

Judge Bonnie Sudderth

Covers the Texas Rules of Evidence.

http://judgebonniesudderth.wordpress.com/
  • Feb 2

    Hearsay Exception #3 – Then-Existing Mental, Emotional or Physical Condition

    Hearsay Exception #3 – Then-Existing Mental, Emotional or Physical Condition
    The third hearsay exception – TRE’s 803(3) then existing mental, emotional or physical condition – is also similar to the first hearsay exception, the present sense impression.  As its name implies, this exception…
  • Sep 8

    Hearsay Exception #2 – The Excited Utterance Exception

    Hearsay Exception #2 – The Excited Utterance Exception
    Hearsay exception number two – the excited utterance exception – is often confused with previously-discussed hearsay exception number one, the present sense impression.  And while they are similar, and even on occasion,…
  • Jun 30

    Hearsay Exception #1 – The Present Sense Impression

    Hearsay Exception #1 – The Present Sense Impression
    The first exception to the hearsay rule, Rule 803(1) of the Texas Rules of Evidence, is the present sense impression – a statement describing or explaining an event made while the declarant was perceiving the event or immediately…
Rank this Week: 3753

Law Rules

Law Rules

Covers dispute resolution and civil litigation. By Michael A. Pollack.

http://lawrules.squarespace.com/journal/
  • Jan 21

    How does a mediator spell success?

    How does a mediator spell success?
    Like many mediators, I am often asked how many of my cases result in a settlement, as opposed to impasse. The question implies that a successful mediation results in a full settlement of all issues, and that anything less is an impasse,…
  • Dec 9

    Practice!

    Practice!
    An old joke relates the story of a tourist in New York City who asks someone on the street how he can get to Carnegie Hall. The native New Yorker responds “Practice!” The same can be said for negotiating. Whether you are using a…
  • Aug 14

    Fly on the wall

    Fly on the wall
    How many times have you finished a negotiation and wondered how much more you could have gotten the other participant to agree to? Have you ever wished you could have been a fly on the wall in the other side’s conference room? My…
Rank this Week: 4653

Hague Child Abduction Practice in…

Hague Child Abduction Practice in the United States

Features cases, pleadings and reference materials. By Christopher F. Meatto.

http://www.hagueabductionpractice.com/
Rank this Week: 3032

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: 3149

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: 4527

Attorney R. Tamara de Silva's…

Attorney R. Tamara de Silva's Blawg

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

http://www.desilvalawoffices.com/Chicago-Litigation.aspx
  • Nov 20

    Capra et. al. Petition for Writ of Certiorari United States Supreme Court

    Capra et. al. Petition for Writ of Certiorari United States Supreme Court
    Link to Supreme Court briefSupreme Court brief:
  • Jul 13

    The Curious Case of George Zimmerman and the Castle Doctrine

    The Curious Case of George Zimmerman and the Castle Doctrine
    The Curious Case of George Zimmerman and the Castle Doctrine By R Tamara de Silva July 13, 2013 The George Zimmerman case is valuable because it sheds needed light on the pale underbelly of the Castle Doctrine and stand your ground…
  • Jun 27

    Supreme Court Strikes Down DOMA

    Supreme Court Strikes Down DOMA
    DOMA Falls at the Supreme Court-Good Riddance June 27, 2013 R. Tamara de Silva Yesterday, the United States Supreme Court struck down the Defense of Marriage Act ("DOMA"). The Defense of Marriage Act was signed into the law in 1996 by…
Rank this Week: 4942

Advertising Industry Litigation…

Advertising Industry Litigation Blog

Covers advertising law and litigation. By Theodora Oringher.

http://www.advertisingindustrylitigation.com/
  • Nov 19

    More About FTC’s Native Advertising Workshop

    More About FTC’s Native Advertising Workshop
    In a previous blog, I advised that the FTC was hosting a workshop on native advertising on December 4, 2013 in Washington D.C.  The FTC has now announced the agenda and panelist for the workshop.   Here is a link to the agenda.…
  • Oct 15

    Clock’s Up. New TCPA Rules Take Effect Today, October 16, 2013

    Clock’s Up. New TCPA Rules Take Effect Today, October 16, 2013
    If you are in the telemarketing industry, chances are you have had this date circled on your calendar for over a year and have spent part of that time planning and preparing for the new TCPA rules to ensure your business is in strict…
  • Sep 18

    FTC Eyeing Native Advertising

    FTC Eyeing Native Advertising
    It’s digital.  It’s popular.  And it could cause consumer confusion.  So it was inevitable it would peak the interest of the FTC.  Just this week, the FTC announced it will host a workshop on December 4, 2013…
Rank this Week: 3019

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: 4878

Northern Virginia Lawyer

Northern Virginia Lawyer

Commentary and insight on Virginia law and procedure.

http://northernvirginialawyer.blogspot.com/
  • 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…
  • Sep 6

    Gay Marriage case on course to affect Virginia's Governor's race

    Gay Marriage case on course to affect Virginia's Governor's race
    The first Virginia case after the landmark U.S. v. Windsor ruling on gay marriage has undergone some recent changes that will truly push the matter to the forefront immediately before November's elections. A New ComplaintBostic & London…
Rank this Week: 3963

Electronic Discovery and Evidence

Electronic Discovery and Evidence

Offers a digest of cases, comments and other matters relating to electronic discovery and electronic evidence. By Michael Arkfeld.

http://arkfeld.blogs.com/ede/
Rank this Week: 3104

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

Covers litigation-related issues concerning consumer packaged goods manufacturers, retailers, advertisers, consumers and attorneys. By Kotchen & Low LLP.

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 4584

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: 3958

eDiscovery

eDiscovery

Tracks recent trends and cases involving electronic discovery. By Hubbard & Jenkins.

http://www.hjediscoverylaw.net/blog/
Rank this Week: 3924

New York Civil Law

New York Civil Law

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

http://nylaw.typepad.com/new_york_civil_law/
Rank this Week: 3196

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: 3624

In Pursuit of Relevance

In Pursuit of Relevance

Covers e-discovery law and litigation in Austrlia. By Seamus Byrne.

http://www.elitigation.com.au/
Rank this Week: 4361

Armillary Observations

Armillary Observations

Focuses on appellate law and military law.

http://hlime.wordpress.com
  • Mar 24

    Defense: Planet of Giant

    Defense: Planet of Giant
    Planet of Giants came out last September on DVD, allowing us to inaugurate the second season in proper fashion. This serial may seem a poor candidate for the defense, as its relative lack of action and plodding dialogue meant that even its…
  • Mar 23

    Prosecution: The Myth Maker

    Prosecution: The Myth Maker
    Hello again, Mithradates here, and back on the job, sans my erstwhile partner. While I catch up on old reviews, I am continuing forward from my last stopping point, and have decided to post my impressions while they are still fresh. This will…
  • Sep 16

    Prosecution: Reign of Terror

    Prosecution: Reign of Terror
    The Doctor and his companions visit Revolutionary France, a period that is “the Doctor’s favorite period of Earth history” according to Susan. As I think I have mentioned before, I like these period pieces, as they add variety to…
Rank this Week: 2431

Pennsylvania Litigation Blog

Pennsylvania Litigation Blog

Providing a Pennsylvania perspective on local and national litigation news. Published by Barley Snyder LLC.

http://www.palitigationblog.com/
  • Feb 26

    A Guide for Brew Pub Entrepreneur

    A Guide for Brew Pub Entrepreneur
    Throughout Pennsylvania, the emergence of brew pubs are making Pennsylvania beer lovers very happy. In many instances, these brew pubs are helping revitalize downtown areas and redevelop older buildings, providing a boost to local…
  • Feb 26

    Employers May Be Eligible for Refund of Severance Pay FICA Taxe

    Employers May Be Eligible for Refund of Severance Pay FICA Taxe
    Employers who have made severance payments to laid off employees may be entitled to refunds of Federal Insurance Contributions Act (“FICA”) taxes remitted in connection with such payments.  According to a ruling from the…
  • Feb 12

    When Retirement Isn't Really Retirement: Pennsylvania Supreme Court Finds Early Retirees Eligible for Unemployment Compensation Benefit

    When Retirement Isn't Really Retirement: Pennsylvania Supreme Court Finds Early Retirees Eligible for Unemployment Compensation Benefit
    In  Diehl v. Unemployment Compensation Board of Review, the Pennsylvania Supreme Court recently ruled that early retirees are eligible for unemployment compensation benefits, reversing over 30 years of case law on the subject. In this…
Rank this Week: 4263

California Civil Litigation

California Civil Litigation

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

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

    Big Change in the Parol Evidence Rule

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

    A Judgment Without Previous Notice of Lawsuit

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

    Hospital's Suit For Reimbursement Is Not Preempted by ERISA

    Hospital's Suit For Reimbursement Is Not Preempted by ERISA
    Court of Appeal Reverses a Judgment Sustaining a Demurrer by Blue CrossCoast Plaza Doctors Hospital v. Blue Cross of California (B205892, May 11, 2009)11 p.
Rank this Week: 5013

Litigation Brief

Litigation Brief

Covers commercial litigation developments. By Hakemi & Company Law Corporation.

http://www.litigationbrief.ca/
  • Nov 26

    Mandatory Prison Sentences for Some Competition Act Offence

    Mandatory Prison Sentences for Some Competition Act Offence
    Those convicted of violating the price fixing, big-rigging, and false or misleading advertising provisions of the Competition Act, R.S.C. 1985, c. C-34 now face mandatory prison sentences. On November 20, 2012, the final provisions of the…
  • Sep 28

    Victim of Alleged Cyber-bullying May Remain Anonymous in Pursuing Defamation Claim

    Victim of Alleged Cyber-bullying May Remain Anonymous in Pursuing Defamation Claim
    “Cyber-bullying” is the act of bullying someone using the means of the internet.  It has garnered much attention lately as a cause of various harmful consequences to young people, including increased rates of suicide among victims.  In…
  • May 15

    What notice of termination is owed to employees during a takeover?

    What notice of termination is owed to employees during a takeover?
    In a recent decision, the Honourable Mr. Justice Verhoeven of the Supreme Court of British Columbia considered the sufficiency of an employer’s notice of termination of employment within the context of a takeover.  In Kerfoot v.
Rank this Week: 4282

David F. Sugarman

David F. Sugarman

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

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

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

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

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

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

    Oregon Qarmat Ali vets’ case against KBR headed to trial

    Oregon Qarmat Ali vets’ case against KBR headed to trial
    Today, Judge Papak issued another summary judgment opinion denying KBR’s motions for summary judgment on fraud and negligence. Here is a PDF copy: 512 – opinion & order – fraud and neglig It’s a long opinion, but it provides a really…
Rank this Week: 4747

New York Injury Attorney Blog

New York Injury Attorney Blog

Covers recent court decisions and injury topics. By Mark A. Eskenazi.

http://www.newyorkinjuryattorneyblog.com/
  • Jul 24

    Sports Injuries: Watch the Birdie

    Sports Injuries: Watch the Birdie
    New York Appellate Division, Second Department: Gibbons v. Pine Bush Central School District One tends not to think of badminton as a contact sport, but apparently dangers lurk on the court.
  • Jun 1

    Slander Per Se: Gay New World?

    Slander Per Se: Gay New World?
    New York Appellate Division, Third Department: Yonaty v. Mincolla
  • Apr 16

    Domestic Animals: Horsing Around Doesn’t Pay

    Domestic Animals: Horsing Around Doesn’t Pay
    New York Appellate Division, Third Department: Bloomer v. Shauger The Third Department revisits injuries caused by domestic animals in the sad tale of loss between lifelong equine pals.
Rank this Week: 4287

Alaska Law Blog

Alaska Law Blog

Alaska Law Blog covers commercial, business, banking, construction, engineering, real estate, and employment law litigation. By Atkinson, Conway & Gagnon.

http://www.alaskalawblog.com/
  • Jul 18

    Commercial & Residential Landlord-Tenant Law Seminar

    Commercial & Residential Landlord-Tenant Law Seminar
    On September 27, 2012, Christopher Slottee, a partner with Atkinson Conway & Gagnon, will be participating in a seminar on Commercial & Residential Landlord-Tenant Law. Mr. Slottee will be presenting information and materials on Alaska law…
  • Jul 2

    Atkinson Conway & Gagnon Attorneys Contribute To Legal Publication On Attorney Malpractice

    Atkinson Conway & Gagnon Attorneys Contribute To Legal Publication On Attorney Malpractice
    Atkinson Conway & Gagnon is pleased to announce that Bruce E. Gagnon and Christopher J. Slottee have contributed to a new publication, The Law of Lawyers Liability, a collection of articles discussing the state of legal malpractice law in all…
  • Mar 20

    Where To Go To Resolve Your Securities Claims? FINRA Abritration.

    Where To Go To Resolve Your Securities Claims? FINRA Abritration.
    Most people know that it is a good idea to hire an attorney when entering contracts, creating a will or trust, or engaging in litigation. What you may not know is that you can, and often should, hire an attorney for arbitrations. With…
Rank this Week: 4613

E-Discovery Bytes

E-Discovery Bytes

A practical resource for issues in e-discovery. Published Quarles & Brady.

http://ediscovery.quarles.com/
Rank this Week: 4317

Austin Personal Injury Blog

Austin Personal Injury Blog

Litigation and injury news, cases and commentary. By Perlmutter & Schuelke, LLP.

http://www.civtrial.com/blog/
  • Jun 12

    Do Personal Injury Lawyers Make A Difference?

    Do Personal Injury Lawyers Make A Difference?
    One of my favorite things is disbursements — giving clients their checks from settlements or judgments. Today, I’m making disbursements in a settlement of a car wreck case, and the case is an example of how personal injury lawyers can…
  • Jun 12

    Eagle Ford Shale and Trucking Accident

    Eagle Ford Shale and Trucking Accident
    The past two weekends, I’ve had to make working trips to the Texas coast (and I didn’t even see the beach on either trip).  The one thing that struck me on the drives was the increase in traffic, especially trucking traffic.
  • Jun 11

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie
    Austin’s annual Republic of Texas (ROT) Rally has come and gone, and again we’ve had too many motorcycle fatalities.   This year, three motorcyclists were killed during the weekend. In the first incident, a rider crashed into a…
Rank this Week: 2611

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/
  • Jun 11

    VIDEO ENHANCEMENT: New Law Enforcement Video System Premiere

    VIDEO ENHANCEMENT: New Law Enforcement Video System Premiere
    Now, more than ever, you have another golden opportunity to discover forensic video of your accident site.  As previous discussed in a separate blog post, there are 5 or 6 different avenues to find video and/or stills of your accident…
  • May 25

    Trial Presentation: Apple's War Strategy for Trial

    Trial Presentation: Apple's War Strategy for Trial
    Get the duct tape or gaffer's tape ready!  Every trial presentation expert already knows to follow the old Boy Scout's rule and always be prepared.  That's why they pack duct or gaffer's tape in their trial bag, ready to tape down cords and…
  • Mar 26

    iPad in Law Practice: Giving Clients iPad

    iPad in Law Practice: Giving Clients iPad
    3 million iPad 3's were sold over its recent launch weekend.  Since its inception over 55 million iPads are in use today.  Like doctors and airlines, architects and car dealers, law firms are discovering new ways to utilize the power of…
Rank this Week: 3598

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: 3248

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: 4832

352nd District Court

352nd District Court

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

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

    2008 – The Tragic Mother and Child Reunion

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

    2011 – Death and Taxes … and Chicken

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

    1998 – The God Pod

    1998 – The God Pod
    Two former Tarrant County jail inmates and a college professor filed suit in the 352nd District Court against Tarrant County and the Tarrant County Sheriff for operating a particular jail “pod” designated as the CEU (Chaplain’s…
Rank this Week: 3687

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: 4255

Washington Trial Law

Washington Trial Law

Focuses on the art and craft of trial advocacy. By Robert M. Boggs.

http://www.washingtontriallaw.com/
  • Oct 27

    Is a covenant not to compete reasonable?

    Is a covenant not to compete reasonable?
    In Washington all questions surrounding whether or not a covenant not to compete is reasonable involve the following three factors: 1. Whether restraint is necessary for protection of business or goodwill of the employer. 2. Whether the…
  • Oct 27

    iphone 4 now syncs with task

    iphone 4 now syncs with task
    One of the shortcomings of the iphone 4 was it's inability to sync Outlook Tasks.  Now the problem is solved.  The software on the iphone 4 has been updated to OS5 and now syncs with Outlook tasks. You can download the new software via…
  • Oct 13

    Apps, apps and more apps.

    Apps, apps and more apps.
    Check this out for a list of apps useful for lawyers.
Rank this Week: 4269

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

    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…
  • Dec 31

    Supreme Court Issues Administrative Order Regarding Revisions to Family Court Coversheet

    Supreme Court Issues Administrative Order Regarding Revisions to Family Court Coversheet
    In conjunction with the development of the Family Court Case Management System and the Child Support Enforcement System, the Family Court Coversheet has been revised to improve statistical information and reporting in Family Court.  Click…
Rank this Week: 3529

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: 4052

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: 4959