Trials and Litigation Blogs - Law Blogs, Legal Blogs Directory & Search Engine

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/

May 22
"Scuttling a President's 'Popular Imprint' on the Judiciary"

"Scuttling a President's 'Popular Imprint' on the Judiciary"

"Scuttling a President's 'Popular Imprint' on the Judiciary": Russell Wheeler has this post today at "ACSBlog." And in somewhat related commentary, today at the "Daily Intelligencer" blog of New York magazine, Jonathan Chait has a post…
May 22
"Publicity Rights Aren't Property Rights: Appellate Court Gets It Very Wrong in Hart v. EA."

"Publicity Rights Aren't Property Rights: Appellate Court Gets It Very Wrong in Hart v. EA."

"Publicity Rights Aren't Property Rights: Appellate Court Gets It Very Wrong in Hart v. EA." Corynne McSherry has this post today at the Electronic Frontier Foundation's "Deeplinks" blog.
May 22
"Why Urban Dictionary Comes In Handy On The Witness Stand"

"Why Urban Dictionary Comes In Handy On The Witness Stand"

"Why Urban Dictionary Comes In Handy On The Witness Stand": This audio segment appeared on today's broadcast of NPR's "Talk of the Nation."

Rank this Week: 17

SCOTUSblog

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

http://www.scotusblog.com/

May 22
Burnside headed back to the Sixth Circuit?

Burnside headed back to the Sixth Circuit?

Last week in Burnside v. Walters, the Court took the fairly unusual step of granting cert. without having first received a brief from any of the respondents in the case: the case’s online docket indicates that the Court called for…
May 22
Petition of the day

Petition of the day

The petition of the day is:
May 22
Greenhouse gas case explained

Greenhouse gas case explained

UPDATE: The D.C. Circuit Court decision at issue in this case can be read here. The order denying en banc review, together with opinions issued along with that order, can be found here. —————–…

Rank this Week: 37

Provides information and opinion on the U.S. litigation system. By the Manhattan Institute and AEI Liability Project. Contributors include Professors Michael Krauss, David Bernstein, Lester Brickman, Michael DeBow, Richard Epstein, Daniel P. Kessler and Stephen Presser.

http://www.pointoflaw.com/

Nov 27
Chairman Schapiro's Troubled Tenure at the SEC

Chairman Schapiro's Troubled Tenure at the SEC

Chairman Schapiro announced yesterday that she will be stepping down as head of the Securities and Exchange Commission (SEC) in several weeks. Accompanying her announcement, was a nine-page list of her accomplishments during her nearly…
Nov 26
The Philadelphia Story

The Philadelphia Story

The success of trial lawyers in Philadelphia has come at the expense of the Pennsylvania economy. Our own Jim Copland explains in an op-ed and at great detail in Trial Lawyers Inc. - Philadelphia....
Nov 25
Senator-elect Warren's Quandary

Senator-elect Warren's Quandary

There has been a lot of speculation about whether Senator-elect Elizabeth Warren will get a seat on the Senate Banking Committee, a perfect forum to go after the financial industry. If Ms. Warren does get the coveted spot, she may...

Rank this Week: 50

Structured Settlements 4Real

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

http://structuredsettlements.typepad.com/structured_settlements_4r/

May 22
Targets of Settlement Purchasing Companies: It's All "Relative"

Targets of Settlement Purchasing Companies: It's All "Relative"

Settlement purchasers are known for ad buys in so-called "unemployment TV" This is a content summary only. Please click on the title for the full content, If you find yourself on FAEMM community, back out and type in www.…
May 20
Genex Capital "Operative" Spammed Answers.com to Try To Penalize JG Wentworth

Genex Capital "Operative" Spammed Answers.com to Try To Penalize JG Wentworth

Vancouver based Genex Capital must have it out for JG Wentworth to pull this stunt after another website it uses for lead generation promotes Genex officer hosted complaint pages against J.G.... This is a content summary only. Please click on…
May 20
Structured Settlements Q1 2003 Best Since 2010

Structured Settlements Q1 2003 Best Since 2010

Structured Settlement Industry numbers were up during the first quarter of 2013 This is a content summary only. Please click on the title for the full content, If you find yourself on FAEMM community, back out and type in www.…

Rank this Week: 57

Class Action Defense Blog

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

http://classactiondefense.jmbm.com/

Apr 15
Class Action Defense Cases–Brinker v. Superior Court: California Supreme Court Affirms, Reverses And Remand Class Action Certification Ruling In Labor Law Class Action Clarifying Meal And Rest Break Requirement

Class Action Defense Cases–Brinker v. Superior Court: California Supreme Court Affirms, Reverses And Remand Class Action Certification Ruling In Labor Law Class Action Clarifying Meal And Rest Break Requirement

In Considering Class Action Certification Order in Labor Law Class Action, California Supreme Court Holds Rest Periods Not Mandated Prior to Meal Periods, and Employer must Provide Meal Breaks but need not Ensure Employee Takes Meal Break
Nov 28
Class Action Defense Cases–KPMG v. Cocchi: Supreme Court Reiterates Requirement That State Courts Follow Concepcion And Enforce Arbitration Agreements Under The Federal Arbitration Act (FAA)

Class Action Defense Cases–KPMG v. Cocchi: Supreme Court Reiterates Requirement That State Courts Follow Concepcion And Enforce Arbitration Agreements Under The Federal Arbitration Act (FAA)

State Courts Erred in Denying Defense Motion to Compel Arbitration Under FAA (Federal Arbitration Act) because They Failed to Consider Whether Any Claims were Subject to Arbitration
Oct 31
Richard Watts: "Fables of Fortune: What Rich People Have That You Don't Want"

Richard Watts: "Fables of Fortune: What Rich People Have That You Don't Want"

California Attorney Richard Watts Publishes Book Based On His Experience In Representing The "Super-Wealthy" Richard Watts, a personal friend of the author and a superb lawyer, has published a book based on his 30-year career representing…

Rank this Week: 74

Chicago IP Litigation Blog

Covers Northern District of Illinois intellectual property cases. Published by attorney R. David Donoghue.

http://www.chicagoiplitigation.com/

May 1
Preliminary Injunction Partially Entered in Trademark Suit

Preliminary Injunction Partially Entered in Trademark Suit

DR Distributors, LLC v. 21 Century Smoking, Inc., No. 12 C 50324, Slip Op. (N.D. Ill. Mar. 14) (Kapala, J.). Judge Kapala granted the agreed portions of plaintiff’s motion for preliminary injunction in this trademark case involving…
Apr 29
Courtesy Copies of Complaints Required by Local Rule 5.2(f)

Courtesy Copies of Complaints Required by Local Rule 5.2(f)

Eiserman & Assocs., LLC v. Rosen, No. 13 C 1315, Slip Op. (N.D. Ill. Mar. 12, 2013) (Shadur, Sen. J.). Zambezia Film Pty. Ltd. v. Does 1-33, No. 13 C 1323, Slip Op. (N.D. Ill. Mar. 12, 2013) (Shadur, Sen. J.). Zambezia Film Pty. Ltd. v.…
Apr 26
Arguments Disclosed in Summary Judgment are Preserved

Arguments Disclosed in Summary Judgment are Preserved

CBOE v. ISE, No. 07 C 623, Slip Op. (N.D. Ill. Mar. 6, 2013) (Lefkow, J.). Judge Lefkow granted in part plaintiff CBOE’s motion to strike defendant ISE’s expert witness in this patent case, as follows: This case was not governed…

Rank this Week: 107

Blawgletter

Offers business trial law with a sense of humor. By Barry Barnett.

http://blawgletter.typepad.com/bbarnett/

May 21
Using Amateur Athlete's Avatar in Video Game Could Violate Right of Publicity, Third Circuit Rule

Using Amateur Athlete's Avatar in Video Game Could Violate Right of Publicity, Third Circuit Rule

Electronic Arts, Inc., makes video games, including the NCAA Football series. EA put an avatar of Ryan Hart, an ex-quarterback at Rutgers, in the series. Hart sued EA for "violating his right of publicity as recognized under New Jersey…
May 20
WSJ Equates Filing Empty Seats with Court-Packing

WSJ Equates Filing Empty Seats with Court-Packing

About 76 years ago, President Franklin D. Roosevelt hatched a plan for bending to his will a recalcitrant and obstructive (by his lights) U.S. Supreme Court. The Court at the time consisted of seven Republican appointees and two Democratic…
May 15
$44.4 Million Trade Secrets Verdict Stands in Fifth Circuit

$44.4 Million Trade Secrets Verdict Stands in Fifth Circuit

A Houston jury awarded Wellogix $94.4 million for Accenture's misappropriation of trade secrets in software that helped oil and gas companies track and manage costs of drilling wells. The judge cut the award to what Wellogix asked for --…

Rank this Week: 108

ICT for Peacebuilding

Exploring the use of technology for conflict transformation, focusing on the use of information communications technology (ICT) for peacebuilding. From Sanjana Hattotuwa.

http://ict4peace.wordpress.com

May 9
Safety tips and security guidelines for Facebook

Safety tips and security guidelines for Facebook

Given the vituperative pushback of the BBS online against those who participated in the vigil in Colombo a few weeks ago, immediate measures to secure content posted on to web based social media platforms are essential to protect one’s…
May 9
New media and citizen journalism: The case of Groundview

New media and citizen journalism: The case of Groundview

Presented the work I had done with Groundviews to a group of activists from South Asia recently, noting that using social media platforms on the web, combined with mobiles, it is increasingly possible to bear witness to and report on…
Mar 16
Pitfalls of privacy online

Pitfalls of privacy online

The Ceylon Today newspaper quotes me in what is becoming a familiar story – identity theft and the unauthorised use of photos posted to various online social media fora for nefarious activities. Women and Media Collective‘s Sepali…

Rank this Week: 126

Information Governance Engagement…

Information Governance Engagement Area

Established with the goal of aggregating key compliance and electronic discovery news for further review, study, and consideration by legal and corporate professionals. Published by Rob Robinson.

http://infogovernance.blogspot.com/

May 8
Weekly eDiscovery News and Views - May 8, 2013

Weekly eDiscovery News and Views - May 8, 2013

Compiled from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and…
May 1
Weekly eDiscovery News and Views - May 1, 2013

Weekly eDiscovery News and Views - May 1, 2013

Compiled from online public domain resources, provided for your review/use is this week's update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and announcements. Follow…
Apr 24
Weekly eDiscovery News and Views - April 24, 2013

Weekly eDiscovery News and Views - April 24, 2013

Compiled from online public domain resources, provided for your review/use is this week's update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and announcements. Follow…

Rank this Week: 133

Appellate Law & Practice

Covers appellate law and advocacy.

http://appellate.typepad.com/appellate/

Dec 10
Giving it up.

Giving it up.

I am going to be discontinuing my participation in this blog in the next week or so. If you want someone to blame, blame 1) non-lawyers; 2) furries; and 3) the victims rights/tort reform industry.
Dec 8
CA1: large law firm loses case on behalf of client

CA1: large law firm loses case on behalf of client

US Securities & Exch v. Tambone, No. 07-1384. This is a close case. On the one hand, the government is bringing an enforcement action regarding misleading prospectuses to sell mutual funds. On the other hand, the defendants are represented…
Dec 8
CA1: It’s official. Everything is mail fraud.

CA1: It’s official. Everything is mail fraud.

US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, “mail fraud”). The first says that pretty…

Rank this Week: 190

Civil Procedure & Federal…

Civil Procedure & Federal Courts Blog

By Professors Robin Effron, Cynthia L. Fountaine, and Adam Steinman

http://lawprofessors.typepad.com/civpro/

May 22
Pereyra and Sunshine on Settlement Rates After Twombly and Iqbal

Pereyra and Sunshine on Settlement Rates After Twombly and Iqbal

Victor Abel Pereyra and Benjamin Sunshine, of University of Illinois College of Law, have posted on SSRN their paper Access-to-Justice v. Efficiency: An Empirical Study of Settlement Rates After Twombly and Iqbal. Abstract: A party’s…
May 17
Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal

Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal

Now available on the Courts Law section of JOTWELL is an essay by Brooke Coleman (Seattle) entitled Celebrating Civil Rulemaking. It reviews a recent article by Lonny Hoffman (Houston), Rulemaking in the Age of Twombly and Iqbal, which will…
May 17
Meyn on Comparing Civil and Criminal Discovery

Meyn on Comparing Civil and Criminal Discovery

Prof. Ion Meyn (Wisconsin) has posted on SSRN a draft of his article Discovery and Darkness: The Information Deficit in Criminal Disputes, which will appear in the Brooklyn Law Review. Here’s the abstract: Scholarship has long recognized a…

Rank this Week: 191

Conflict of Laws .net

Covers news and discussion on the conflict of laws in private international law cases. Editor is Martin George of the University of Birmingham. Published in association with the Journal of Private International Law.

http://conflictoflaws.net

May 17
Transnational Dispute Management 3 (2013) – Corruption and Arbitration

Transnational Dispute Management 3 (2013) – Corruption and Arbitration

The latest issue of TDM is now available. This special issue on Corruption and Arbitration analyzes new trends and challenges regarding the intersection between allegations of corruption and decisions by arbitral tribunals regarding…
May 16
New Czech Act on Private International Law

New Czech Act on Private International Law

See this post over at Transnational Notes.
May 15
New U.S. Casebook on Conflict of Law

New U.S. Casebook on Conflict of Law

Professor Laura Little (Temple University’s Beasley School of Law) is the author of a new U.S. casebook on the Conflict of Laws published in the Aspen Casebook Series. Although relying essentially on U.S. sources, the casebook contains…

Rank this Week: 208

EvidenceProf Blog

By John Marshall Law School Professor Colin Miller, with Contributing Editors and Professors David Leonard, Joelle Moreno, and Myrna Raeder

http://lawprofessors.typepad.com/evidenceprof/

May 22
Chutes & Ladders: Court of Appeals of Kentucky Finds Evidence of Ladder Switch Inadmissible Under Rule 407

Chutes & Ladders: Court of Appeals of Kentucky Finds Evidence of Ladder Switch Inadmissible Under Rule 407

Similar to its federal counterpart, Kentucky Rule of Evidence 407 provides that When, after an event, measures are taken which, if taken previously, would have made an injury or harm allegedly caused by the event less likely to occur,…
May 21
Talk About the Life in Massachusetts: Supreme Judicial Court of MA Does Not Adopt Federal Rule of Evidence 608(b)

Talk About the Life in Massachusetts: Supreme Judicial Court of MA Does Not Adopt Federal Rule of Evidence 608(b)

Federal Rule of Evidence 608(b) provides that Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character…
May 20
Black & White: D.C. Court of Appeals Finds Trial Courts Have Discretion to Consider Evidence of Juror Racial Bia

Black & White: D.C. Court of Appeals Finds Trial Courts Have Discretion to Consider Evidence of Juror Racial Bia

Federal Rule of Evidence 606(b) states: (b) During an Inquiry into the Validity of a Verdict or Indictment. (1) Prohibited Testimony or Other Evidence. During an inquiry into the validity of a verdict or indictment, a juror may not testify...

Rank this Week: 262

Class Action Fairness Act Blog

Offers information, cases and insights on the Class Action Fairness Act of 2005 (CAFA). By McGlinchey Stafford.

http://www.cafalawblog.com/

Apr 17
A Defendant's Subjective Belief Does Not Trigger Removal

A Defendant's Subjective Belief Does Not Trigger Removal

Roth v. CHA Hollywood Medical Center, L.P., 2012 WL 5456406 (C.D. Cal. Nov. 7, 2012). A District Court in California, addressing a motion to remand, was left with serious doubts as to the propriety of the removal because the defendants at no…
Apr 16
Individual Claims Removed Along with Class Claims Retain CAFA Jurisdiction Independent of Any Subsequent Dismissal or Transfer of Class Claim

Individual Claims Removed Along with Class Claims Retain CAFA Jurisdiction Independent of Any Subsequent Dismissal or Transfer of Class Claim

Ellison v. Autozone, Inc., 2012 WL 5177478 (9th Cir. Oct. 19, 2012). In this racial discrimination and state wage laws violation action, the Ninth Circuit reiterated that the federal courts are not deprived of jurisdiction over individual…
Apr 15
If A Defendant Could Be Found Liable For The Plaintiff's Claims, Then He Is A Proper Defendant

If A Defendant Could Be Found Liable For The Plaintiff's Claims, Then He Is A Proper Defendant

Velasquez v. HMS Host USA, Inc., 2012 WL 6049608 (E.D. Cal. Dec. 5, 2012). A District Court in California held that, if one could be found liable for civil penalties under the law asserted by the plaintiffs, then he is a proper…

Rank this Week: 289

Sui Generis--a New York law blog

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

http://nylawblog.typepad.com/suigeneris/

May 21
When is social media contact criminal?

When is social media contact criminal?

This week's Daily Record column is entitled "When is social media contact criminal?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** When is social media contact criminal? The online world…
May 15
Ethics of VLOs and advertising in New York

Ethics of VLOs and advertising in New York

This week's Daily Record column is entitled "Ethics of VLOs and advertising in New York." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** The legal profession is in a state of flux. New…
May 14
Book Review: Paperno’s ‘Representing the Accused’ a step-by-step guide for criminal defense attorney

Book Review: Paperno’s ‘Representing the Accused’ a step-by-step guide for criminal defense attorney

A special edition article that I recently wrote for the Daily Record column is entitled "Book Review: Paperno’s ‘Representing the Accused’ a step-by-step guide for criminal defense attorneys." A pdf of the article can be…

Rank this Week: 324

Ringler Radio - Legal Settlements

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

http://legaltalknetwork.com/podcasts/ringler-radio

May 13
Trial Consulting and Jury Selection

Trial Consulting and Jury Selection

There are many elements that come into play during a court trial. For instance, the process of choosing jurors for trial and more importantly how to engage jurors after they have been selected. On Ringler Radio, host Larry Cohen joins…
Apr 29
From the Courtroom to the Gridiron

From the Courtroom to the Gridiron

The sport of football is a dramatic game that unfolds in front of a captivated audience-kind of like being in a courtroom. On Ringler Radio, host Larry Cohen joins colleague, John Kearns and special guest, Attorney Edward Hochuli from the…
Apr 15
Workplace Injuries: Possible Worker’s Compensation Tax?

Workplace Injuries: Possible Worker’s Compensation Tax?

How can we prevent accidents and deaths in the workplace? In this podcast, Ringler Radio host Larry Cohen joins Attorney Douglas K. Sheff, senior partner at Sheff Law and President-Elect of the Massachusetts Bar Association, to spotlight…

Rank this Week: 326

Expert Witness Blog

Covers Daubert, expert witness marketing, and expert witness testimony. By JurisPro Expert Witness Directory.

http://www.expertwitnessblog.com/

May 22
Petroleum Engineering Expert Witnesses & FERC

Petroleum Engineering Expert Witnesses & FERC

Petroleum engineering expert witnesses may consult on petrochemical engineering, horizontal drilling, and enhanced oil recovery. In Competing Views on the Permissible Scope of In-House Expert Witness Discovery at FERC: Without Guidance, FERC…
May 21
Physical Therapy Expert Witnesse

Physical Therapy Expert Witnesse

Physical therapy expert witnesses found here may testify regarding the use of therapeutic exercise, manipulations, massage therapy, body therapy, and bodywork. In Special Considerations in Cases of Trauma, The Ethics of Touch, a book on…
May 20
Insurance Expert Witness On Recurring Insurance Litigation Themes Part 7

Insurance Expert Witness On Recurring Insurance Litigation Themes Part 7

In Property & Casualty Insurance Procurement & Litigation (Ten Recurring Themes Every Lawyer Should Know) insurance expert witness David L. Stegall, CPCU, ARM, ARe, RPA, of Risk Consulting & Expert Services writes on ten recurring…

Rank this Week: 328

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/

May 22
Provoked Intimate Femicides: A Privatized Version of “Honour”?

Provoked Intimate Femicides: A Privatized Version of “Honour”?

Pascale Fournier, Pascal McDougall & Anna R. Dekker, Dishonour, Provocation and Culture: Through the Beholder’s Eye?, 16(2) Can. Crim. L. Rev. 161 (2012), available at the University of Ottawa.Isabel GrantIn their…
May 20
The Care and Feeding of Sticky Defaults in Information Privacy Law

The Care and Feeding of Sticky Defaults in Information Privacy Law

Lauren Willis, When Nudges Fail: Slippery Defaults, 80 U. Chi. L. Rev. ___ (forthcoming 2013) available at SSRN.Paul OhmIf Jotwell is meant to surface obscure gems of legal scholarship, which might go unnoticed otherwise, I might be missing…
May 17
The Brave New World of Identification

The Brave New World of Identification

Margaret Hu, Biometric ID Cybersurveillance, 88 Indiana L.J.__ (forthcoming 2013), available at SSRN.Mary FanThe memory seems almost quaint. While waiting with prosecutors in the hallway between indictments, an excellent customs…

Rank this Week: 343

Electronic Discovery Law

Covers legal issues, news and best practices relating to the discovery of electronically stored information. By Preston Gates & Ellis.

http://www.ediscoverylaw.com/

May 22
Case Update: For Spoliation, Court Orders $250,000,000 "to be applied as a credit against Rambus's [$349 million] judgment against SK hynix"

Case Update: For Spoliation, Court Orders $250,000,000 "to be applied as a credit against Rambus's [$349 million] judgment against SK hynix"

SK Hynix, Inc. v. Rambus, Inc., No. C-00-20905 RMW, 2013 WL 1915865 (N.D. Cal. May 8, 2013) In this ongoing patent infringement action, a major question has been whether Rambus’s destruction of documents constituted…
May 17
For Good Cause Shown, Plaintiffs No Longer Required to Utilize Predictive Coding

For Good Cause Shown, Plaintiffs No Longer Required to Utilize Predictive Coding

EORHB, Inc. v. HOA Holdings, LLC, No. 7409-VCL, 2013 WL 1960621 (Del. Ch. May 6, 2013) Previously, the court ordered the parties to “retain a single discovery vendor to be used by both sides” and to “conduct document review…
May 7
Upcoming Event: eDiscovery Project Management 2013 (organized by eDiscovery Intelligence)

Upcoming Event: eDiscovery Project Management 2013 (organized by eDiscovery Intelligence)

“Learn how to Bring Agility and Clarity to the Management of your eDiscovery Process” May 21-22, 2013 Marriot City Center Pittsburgh, PA “The mastery of electronic discovery is a necessary component in the changing business…

Rank this Week: 350

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/

May 14
Future of Elder and Special Needs Law - 1

Future of Elder and Special Needs Law - 1

"You cannot connect the dots looking forward. You can only connect them looking backwards. So you have to trust that the dots will connect in the future." - Steve Jobs Despite the challenges of predicting the future, the Spring 2013...
May 9
SEC Bulletin Addresses Structured Settlement Transfer

SEC Bulletin Addresses Structured Settlement Transfer

The Securities and Exchange Commission (SEC) Office of Investor Education and Advocacy has issued an Investor Bulletin titled "Pension or Settlement Income Streams: What You Need to Know Before Buying or Selling Them". Although the SEC…
May 6
NAELA 2013 Annual Meeting

NAELA 2013 Annual Meeting

The National Academy of Elder Law Attorneys (NAELA) celebrated its 25th anniversary last week in Atlanta - commemorating its past achievements, analyzing current legal and demographic issues and preparing for future growth and development.…

Rank this Week: 370

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: 376

Day on Torts

Covers issues relating to tort law, regulations, and trials. Published by John A. Day of Day & Blair.

http://www.dayontorts.com/

May 18
Tennessee Medical Malpractice Lawsuits Against Governmental Entities and Their Employees and the Notice Statute

Tennessee Medical Malpractice Lawsuits Against Governmental Entities and Their Employees and the Notice Statute

Tennessee law has a one year statute of limitation in a medical malpractice (now called a health care liability) case. Formal legal notice must be given to health care providers who are going to be sued in the case and this notice must…
Apr 27
Important Medicare Subrogation Decision From the 9th Circuit Court of Appeal

Important Medicare Subrogation Decision From the 9th Circuit Court of Appeal

The 9th Circuit Court of Appeals has ruled that a private Medicare Advantage Organization plan cannot sue a plan participant’s survivors for reimbursement of medical payments out of the proceeds of an automobile insurance…
Apr 22
Claims That Trucking Companies May Have Against Pilot Flying J

Claims That Trucking Companies May Have Against Pilot Flying J

The news that Pilot Flying J, a company largely if not exclusively owned by Governor's Haslam's family and run by his brother, is the subject of a criminal investigation has made a lot of news in the last week. Headquartered in Knoxville,…

Rank this Week: 377

Litigation and Trial - Max…

Litigation and Trial - Max Kennerly

Covers topics related to civil litigation. Published by Maxwell S. Kennerly, Esq. of the Beasley Law Firm, LLC.

http://www.litigationandtrial.com/

May 15
Never Trust A Vampire Squid: Merger Clauses & Fraudulent Inducement

Never Trust A Vampire Squid: Merger Clauses & Fraudulent Inducement

© Max Kennerly. The original for this post is Never Trust A Vampire Squid: Merger Clauses & Fraudulent Inducement at Litigation & Trial Lawyer Blog.Rolling Stone’s Matt Taibbi described Goldman Sachs as “a great…
May 14
Software Patents Are “The Plaything Of The Judges”

Software Patents Are “The Plaything Of The Judges”

© Max Kennerly. The original for this post is Software Patents Are “The Plaything Of The Judges” at Litigation & Trial Lawyer Blog.Last week, a bunch of banks won a major federal appellate court victory. That’s no…
May 8
WSJ Blames Mesothelioma Lawyers For Donating To Mesothelioma Research

WSJ Blames Mesothelioma Lawyers For Donating To Mesothelioma Research

© Max Kennerly. The original for this post is WSJ Blames Mesothelioma Lawyers For Donating To Mesothelioma Research at Litigation & Trial Lawyer Blog.As I’ve mentioned before, due to the ubiquitous presence of asbestos in…

Rank this Week: 402

Federal Civil Practice Bulletin

Covers federal civil practice and procedure. By Washington & Lee University School of Law, Professor A. Benjamin Spencer.

http://federalcivilpracticebulletin.blogspot.com/

Mar 19
SCOTUS Decides Standard Fire Insurance Co. v. Knowle

SCOTUS Decides Standard Fire Insurance Co. v. Knowle

From BNA's Supreme Court Today:Standard Fire Insurance Co. v. Knowles, No. 11-1450: A would-be class plaintiff's stipulation that he and the class he seeks to represent will not seek damages greater than $5 million total, which is the…
Dec 4
Kaplow on Multistage Litigation

Kaplow on Multistage Litigation

Professor Louis Kaplow (Harvard) has posted an article entitled Multistage Litigation on SSRN. Here is the abstract:Legal proceedings often involve multiple stages: U.S. civil litigation allows motions to dismiss and for summary…
Nov 27
Issacharoff and Miller Post Motion to Dismiss Article on SSRN

Issacharoff and Miller Post Motion to Dismiss Article on SSRN

Professors Samuel Issacharoff and Geoffrey Miller (both of NYU) have just posted an article entitled An Information-Forcing Approach to the Motion to Dismiss on SSRN. Here is the abstract:

Rank this Week: 427

California Punitive Damages

Covers California punitive damages litigation. By Horvitz & Levy LLP.

http://calpunitives.blogspot.com/

May 13
Court of Appeal affirms $40,000 in punitive damages after reversing $3.8 million in compensatory damages (Corenbaum v. Lampkin)

Court of Appeal affirms $40,000 in punitive damages after reversing $3.8 million in compensatory damages (Corenbaum v. Lampkin)

Our report on this case is a bit tardy, because I was traveling abroad when the decision was issued. The main issue in this case has nothing to do with punitive damages, but it merits a brief mention here because the court’s…
Apr 24
$4.8M punitive damages award reversed for lack of evidence that corporate management participated in wrongdoing (Martinez v. Rite Aid)

$4.8M punitive damages award reversed for lack of evidence that corporate management participated in wrongdoing (Martinez v. Rite Aid)

In October 2010 we reported about this $4.8 million punitive damages award against Rite Aid in a disability discrimination case. Yesterday, the California Court of Appeal (Second Appellate District, Division Seven) vacated that award in…
Apr 23
Supreme Court of India affirms $18.4 million punitive damages award

Supreme Court of India affirms $18.4 million punitive damages award

An editorial in Business Standard reports on a case in which the Supreme Court of India has affirmed a punitive damages award of "Rs 100 crone" in a contamination case against the operator of a copper smelting plant. That works out to $18.4…

Rank this Week: 449

Trial Ad Notes

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

http://trialadnotes.blogspot.com/

May 18
Experiences of the Self-Represented

Experiences of the Self-Represented

It's tough enough to handle litigation when you're a lawyer, but it's incredibly stressful and daunting when you don't.CBC's Day Six has a 15-minute story on self-represented litigants (May 18, 2013). It begins with a moving interview of…
May 9
Lawyers Who Defend Accused Terrorist

Lawyers Who Defend Accused Terrorist

What's it like to defend a high-profile terrorism defendant? See: Ron Scherer, Lawyers who defend terror suspects have thankless task. Why do they do it?, Christian Science Monitor, April 30, 2013. Tamar Rebecca Birckhead, To Defend a…
Apr 4
Convicting the Innocent

Convicting the Innocent

You've heard of people who were shown by DNA evidence to be innocent of the crimes they were imprisoned for. How can that happen? What can we learn from it?Prof. Brandon Garrett (with the help of a team of research assistants) found out all…

Rank this Week: 458

The Illinois Trial Practice Weblog

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

http://www.illinoistrialpractice.com/

May 20
Some Post from the "Legal Writing" Category

Some Post from the "Legal Writing" Category

In case you missed them, here are a few of the many posts I've written for the "legal writing" category of The Trial Practice Tips Weblog-- How to Begin a Brief or Memorandum Is Shorter Really Better? When You're Stuck,...
May 16
An Unplanned Break for Television

An Unplanned Break for Television

At Abnormal Use, Jim Dedman asks, "Why is discovery rarely, if ever, depicted on lawyer television shows?"-- When is the last time you saw a witness being deposed on a lawyer television show? When is the last time you saw...
May 9
How to Find Out If a Doctor is Board Certified

How to Find Out If a Doctor is Board Certified

Certification Matters, a website operated by the not-for-profit American Board of Medical Specialties (ABMS), will tell you if a specific doctor is board certified. The site also contains other information that might be helpful in researching…

Rank this Week: 459

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog

May 21
Authenticating Recorded Conversation

Authenticating Recorded Conversation

SeventhCircuitSeal.png Seventh Circuit highlights two options to authenticating recorded conversations and voice identification, in a case where the recordings were obtained by a cooperating witness and provided to law…
May 21
Assessing Lay Witness “Helpfulness” To A Jury Of Defendant’s Peer

Assessing Lay Witness “Helpfulness” To A Jury Of Defendant’s Peer

Reel-to-reel_1.JPG In conspiracy to distribute cocaine trial, admitting law enforcement lay testimony identifying the defendant’s voice as helpful to “this particular jury, sitting in Massachusetts”…
May 20
Congress Watch: Renewed Focus On Reporter Shield Law Following Use Of Subpoenas For Reporters' Telephone Record

Congress Watch: Renewed Focus On Reporter Shield Law Following Use Of Subpoenas For Reporters' Telephone Record

Capitol.Dome_.Night_.jpg The recent attention on the use of federal grand jury subpoenas to obtain the telephone records of reporters has refocused the issue of protecting First Amendment rights and striking the balance to…

Rank this Week: 482

Tort Talk

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

http://www.torttalk.com/

May 22
District Magistrate Judge James Gibbons Wins Both Primaries for Lackawanna County Court of Common Pleas Judge

District Magistrate Judge James Gibbons Wins Both Primaries for Lackawanna County Court of Common Pleas Judge

District Magisterial Judge James Gibbons, 55, prevailed in both the Democratic and Republican primary elections for the open Lackawanna County Court of Common Pleas Judge position. The spot on the bench opened up when Judge Chester…
May 20
Novel Facebook Discovery Order Out of Lancaster County

Novel Facebook Discovery Order Out of Lancaster County

In a recent Lancaster County Court of Common Pleas case of Perrone v. Lancaster Regional Medical Center, (C.P. Lanc. Co. 2013 Cullen, J.), Judge James P. Cullen crafted a novel method of handling a Facebook Discovery dispute…
May 20
REGISTRATION OPEN FOR LACKAWANNA PRO BONO'S JUNE 3, 2013 GOLF TOURNAMENT

REGISTRATION OPEN FOR LACKAWANNA PRO BONO'S JUNE 3, 2013 GOLF TOURNAMENT

Rank this Week: 490

Trial Advocacy Blog

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

http://indexhtml.blogspot.com/

Apr 8
Temple Law Professor and Juvenile Lifer Ruling

Temple Law Professor and Juvenile Lifer Ruling

Professor Sarah Jacobson was quoted in Paula Reed Ward's recent article about Jeffrey Cristina, who was found guilty of second-degree murder and robbery. He was 17 years old and faced a mandatory prison term of life without parole --…
Mar 6
January/February 2013 Law Library Acquisitions List

January/February 2013 Law Library Acquisitions List

Administrative LawRegulation : why and how the state regulates / by Barak Orbach.[New York, NY] : Foundation Press, 2013.KF5402.O73 2013 AntitrustDOJ civil antitrust practice and procedure manual / [editor, Kenneth M. Vorrasi].Chicago, Ill. :…
Feb 11
TRIAL TEAM RETAINS REGIONAL CHAMPIONSHIP

TRIAL TEAM RETAINS REGIONAL CHAMPIONSHIP

　This past weekend, Temple's National Trial Team defended its NTC Regional Championship of the National Trial Competition at the Criminal Justice Center in Philadelphia. It was Temple’s 25th regional championship in 27…

Rank this Week: 497

Socha Consulting LLC

Covers electronic discovery.

http://sochaconsulting.com/

Jun 10
Draft EDRM Production Standards Available for Comment

Draft EDRM Production Standards Available for Comment

Draft EDRM Production Standards are available for review and comment, at edrm.net/5920. Prepared by Julie Brown of Vorys, Sater, Seymour & Pease LLP and reviewed by additional EDRM members, the draft EDRM Production Standards document is…
Jun 3
2010 Socha-Gelbmann Electronic Discovery Survey

2010 Socha-Gelbmann Electronic Discovery Survey

It is not too late to participate in the 2010 Socha-Gelbmann Electronic Discovery Survey. We want your input (if we don’t have it already). You can tell us about your organization’s electronic discovery activities. And give us your…
Jan 12
EMC Kazeon Best Practices Webinar: George Socha, Esq. Debunks the Top Five eDiscovery Myth

EMC Kazeon Best Practices Webinar: George Socha, Esq. Debunks the Top Five eDiscovery Myth

Noon – 1:00 pm Central EMC SourceOne eDiscovery – Kazeon presents George Socha, Esq. to Debunk the Top Five eDiscovery Myths. Don’t miss this insightful Best Practices Webinar! Learn how to gain more control of your litigation process,…

Rank this Week: 499

Delaware Business Litigation…

Delaware Business Litigation Report

Offers case summaries of Delaware court decisions in business-related litigation. By Morris James.

http://www.delawarebusinesslitigation.com/

May 21
Court Of Chancery Upholds Caremark Complaint

Court Of Chancery Upholds Caremark Complaint

In re China Agritech Inc. Shareholder Derivative Litigation, C.A. 7163-VCL (May 21, 2013) One of the harder aspects of practicing Delaware corporate law is dealing with all the decisions. This is an excellent summary of current Delaware…
May 17
Court Of Chancery Explains Exculpation Clause

Court Of Chancery Explains Exculpation Clause

Anvil Holding Corporation v. Iron Acquisition Corporation, C.A. 7975-VCP (May 17, 2013) Many acquisition agreements contain provisions that are intended to limit the buyer's remedies. This decision explains what language to use to…
May 16
Is the Court of Chancery Reforming Merger Litigation?

Is the Court of Chancery Reforming Merger Litigation?

Authored by Edward M. McNally This article was originally published in the Delaware Business Court Insider | May 15, 2013 There is an uproar going on about the practice of filing suit over every merger announced for a publicly…

Rank this Week: 508

the complex litigator

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

http://www.thecomplexlitigator.com/post-data/

May 14
On remand after Brinker, Court of Appeal reconsiders prior decision and orders certificaiton in Faulkinbury

On remand after Brinker, Court of Appeal reconsiders prior decision and orders certificaiton in Faulkinbury

The press of obligations at work left little time for my blogging, which I regret. And, I haven't seen anything all that interesting in the class action/complex litigation arena in the last few weeks. That did change last week…
Apr 26
In Genesis Healthcare v. Symczyk, Supreme Court ducks actual mootness issue raised by Rule 68 offer

In Genesis Healthcare v. Symczyk, Supreme Court ducks actual mootness issue raised by Rule 68 offer

Federal Rule of Civil Procedure 68 allows a defendant to pony up the dough to resolve a claim and avoid the expense of litigation so long as the amount to fully resolve the claim can be clearly calculated in full and is offered in full (more…
Apr 26
In Ramirez v. Balboa Thrift and Loan, Court of Appeal directs reconsideration of certification denial in UCL case

In Ramirez v. Balboa Thrift and Loan, Court of Appeal directs reconsideration of certification denial in UCL case

The Rees-Levering Motor Vehicle Sales and Finance Act protects consumers involved in, you guessed it, motor vehicle sales and finance transactions. In Ramirez v. Balboa Thrift and Loan (pub. Ord. April 12, 2013 and published April 22,…

Rank this Week: 529

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/

May 17
Motion to Investigate Juror

Motion to Investigate Juror

Prosecutors in the Whitey Bulger trial recently requested that they be permitted to run criminal background checks on prospective jurors. Not surprisingly, Bulger's attorneys are opposing the government's request. Bulger's attorneys claim…
May 15
MD Judge Prohibits Attorney from Researching Jurors Online

MD Judge Prohibits Attorney from Researching Jurors Online

According to the news story below, a judge in Montgomery County, Maryland has denied a defense attorney's request to research jurors online. Apparently, the judge finds the practice "totally inappropriate." The case in which the…
May 13
The Dual Face of the American Jury: New Law Review Comment

The Dual Face of the American Jury: New Law Review Comment

Stacey P. Eilbaum, The Dual Face of the American Jury: The Antiauthoritarian and Antimajoritarian Hero and Villain in American Law and Legal Scholarship, 98 Cornell L. Rev. 711 (2013). Introduction: Over the past fifty years, the Supreme…

Rank this Week: 580

One World International Practice…

One World International Practice Blog

Covers judicial and regulatory decisions as well as topics and trends in international litigation, international dispute resolution, and international investigations, regulatory compliance, and enforcement. By Cadwaladar.

http://blog.internationalpractice.org/

Oct 24
Norex Decision, Long in Federal Court, Now Dismissed By State Court Using Borrowing Statute To Shorten Applicable Limitations Period

Norex Decision, Long in Federal Court, Now Dismissed By State Court Using Borrowing Statute To Shorten Applicable Limitations Period

We have posted on the meanderings of the Norex case in federal court (e.g., here). After dismissal from federal court, Norex sued in state court. Norex Petroleum Ltd. v. Leonard Blavatnik, et al., Index No. 650591/11 (Sup. Ct. N.Y.…
Sep 4
Court Denies Non-U.S. Company’s Attempt To Avoid Default, Citing Agency Relationship Between Parent and Sub Justifying Earlier Exercise of Jurisdiction Over Non-U.S. Parent

Court Denies Non-U.S. Company’s Attempt To Avoid Default, Citing Agency Relationship Between Parent and Sub Justifying Earlier Exercise of Jurisdiction Over Non-U.S. Parent

The drywall litigation, arising from the installation into U.S. homes of allegedly defective drywall from China, has included a great many noteworthy international practice issues. Many companies have settled. Others have continued to…
Aug 28
Eleventh Circuit Finds Moot a Post-Judgment Challenge to a Confirmed Arbitral Award, Even When the Challenge Is Made in a Primary Jurisdiction Under the New York Convention

Eleventh Circuit Finds Moot a Post-Judgment Challenge to a Confirmed Arbitral Award, Even When the Challenge Is Made in a Primary Jurisdiction Under the New York Convention

Ingaseosas International Co. v. Aconcagua Investing Ltd., No. 11-10914 (11th Cir. 2012) (unpublished), involves an interesting application of the primary vs secondary jurisdiction doctrine under the New York Convention as well as the…

Rank this Week: 607

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/

May 21
Texting While Driving Is Deadly

Texting While Driving Is Deadly

By Brooke Cohen: I’m not sure even where to start writing here. As a mother I was heartbroken to hear the news of the young sixteen-year-old girl named Savannah Nash who died this weekend as she ran her car into a tractor-trailer -- an…
May 20
The Dark Side of Generic Drug

The Dark Side of Generic Drug

Dinesh Thakur was a whistleblower for the generic drug maker, Ranbaxy Laboratories in Gurgaon, India, 20 miles south of New Delhi. Due to his efforts, on May 13 of this year, Ranbaxy pleaded guilty to seven federal criminal counts of selling…
May 15
Transvaginal Mesh and the Wall Street Journal

Transvaginal Mesh and the Wall Street Journal

Author: Brooke Cohen The Wall Street Journal put out a timely article today entitled “Outcomes are Mixed for Pelvic Procedure”. I say timely because the product-liability lawsuits against five manufacturers of transvaginal…

Rank this Week: 613

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/

May 22
Study: Courts Should Not Rely on Rehabilitation that Jurors Can Be Fair

Study: Courts Should Not Rely on Rehabilitation that Jurors Can Be Fair

Here is a study asking Can Jurors Self Diagnose Bias? Two Randomized Controlled Trials.” The study tries to determine whether the common practice of asking jurors who otherwise appear biased if they can be fair works to…
May 20
Defense Verdict in Washington County Malicious Prosecution Trial

Defense Verdict in Washington County Malicious Prosecution Trial

On April 4, 2013 a Washington County Circuit Court jury rendered a defense verdict in White v. Greenville Riverboat, LLC. On May 13, 2009, Plaintiff was playing the card game (21+3) at the Lighthouse Point Casino in Greenville. Sidebar:…
May 16
Jackson Attorney Debra Brown Nominated for U.S. District Judge

Jackson Attorney Debra Brown Nominated for U.S. District Judge

On Thursday President Obama nominated Jackson attorney Debra Brown to fill the vacant judgeship in the Northern District of Mississippi. Here is the press release: WASHINGTON, DC – Today, President Barack Obama nominated Debra M. Brown,…

Rank this Week: 621

Say What?! Judge Jerry Buchmeyer's…

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

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

http://www.texasbar.com/saywhat/weblog/

Nov 21
December 1997 - I Did a Buchmeyer

December 1997 - I Did a Buchmeyer

From Jeffrey Hirt of Houston, this excerpt from his examination of the present wife of his client:Q. Gina, how long have you known your stepdaughters?A. Actually, since before they were born. When Joan was still pregnant.Mr. Hirt: I'll send…
Nov 20
September 2007 - That's How Vegas Work

September 2007 - That's How Vegas Work

Ryan Morris, who is a second-year law student at the University of Texas, was working for a small firm in Austin when he came across this excerpt in a deposition from a probate case where a party was testifying about his bank account:A. I…
Nov 19
May 1985 - Were You in the Military Service?

May 1985 - Were You in the Military Service?

Q. How far did you get in the service? It was in the Army, wasn't it? A. Yes, sir, the Army. Q. How far did you get? A. Over to the South Pacific.

Rank this Week: 637

For the Defense

Features civil defense attorneys' perspectives on employment law, intellectual property, and product liability. From DRI - The Voice of the Defense Bar.

http://forthedefense.org/ftd.aspx

May 20
Employers Challenging the Authority of NLRB

Employers Challenging the Authority of NLRB

With the DC Circuit having invalidated President Obama’s recess appointments to the National Labor Relations Board, employers are finding increasingly more ways to challenge the Board’s authority to act. The Court’s decision…
May 17
Thoughts on the Supreme Court’s Long Awaited Decision Regarding Patent Exhaustion: Monsanto V. Bowman, -- S.CT. -- (2013)

Thoughts on the Supreme Court’s Long Awaited Decision Regarding Patent Exhaustion: Monsanto V. Bowman, -- S.CT. -- (2013)

In a unanimous decision, the Supreme Court affirmed both the lower court and Federal Circuit decisions rejecting Bowman’s patent exhaustion defense relating to his harvesting of second generation soybean seeds featuring Monsanto’s…
May 15
The Economic Loss Rule: An Under-Utilized But Not-So-Secret Weapon

The Economic Loss Rule: An Under-Utilized But Not-So-Secret Weapon

In a decision issued on March 7, 2013, the Supreme Court of Florida reaffirmed Florida’s commitment to adherence to the economic loss rule in product liability litigation. In Tiara Condominium Association, Inc. v. Marsh & McLennan…

Rank this Week: 654

Deliberations

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

http://jurylaw.typepad.com/deliberations/

Feb 21
Hmmmmm... Should I Facebook Friend the Defendant?

Hmmmmm... Should I Facebook Friend the Defendant?

Without question, the numbskull of the week award goes to Jacob Jock (seriously, that’s his name). The 29 year old juror was dismissed after he attempted to Facebook friend the defendant (a young woman) during jury selection. He was…
Jan 24
What Great Basketball Coaches Can Teach Us About Trial Prep

What Great Basketball Coaches Can Teach Us About Trial Prep

Dean Smith, the hall-of-fame University of North Carolina basketball coach, was a master at preparing his players for opponents. I once heard a story that described a time when Coach Smith had to get his Tarheels ready for an opposing team…
Jan 18
Don’t Call Me Fluffy: One Perspective on Mock Trial

Don’t Call Me Fluffy: One Perspective on Mock Trial

As a profession, litigation consulting sometimes faces a fluctuating level of credibility within the legal community. At times, trial attorneys question the necessity and even the validity of some trial consulting techniques. Similar to the…

Rank this Week: 671

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

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

http://cpg-retail-litigation.kotchen.com/

Apr 29
Advertisers Expanding Case Against News America to Become a Class Action

Advertisers Expanding Case Against News America to Become a Class Action

An antitrust lawsuit brought by Dial Corporation and Heinz against News America Marketing is being expanded to include as Plaintiffs a proposed class of all domestic entities that purchased in-store promotions from News America. Last…
Dec 27
Dial Corp. Sues News America Marketing for Monopolization and Tying

Dial Corp. Sues News America Marketing for Monopolization and Tying

Last week, Dial Corporation filed suit against News America Marketing for monopolizing the market for in-store advertising and free-standing inserts (“FSIs”) and engaging in unlawful tying in violation of the antitrust laws. In…
Feb 5
Discovery Sanctions Ordered Against Delta Air Line

Discovery Sanctions Ordered Against Delta Air Line

On Friday, the Northern District of Georgia ordered that sanctions be imposed against Delta Air Lines, Inc. (“Delta”) for its discovery misconduct, awarding Plaintiffs certain fees and expenses related to Delta’s failure to timely…

Rank this Week: 733

Minnesota Litigator

Covers legal developments for civil litigators in Minnesota. By Seth Leventhal.

http://www.minnesota-litigator.com/

Nov 26
The Wide Range of Lives of Civil Litigator

The Wide Range of Lives of Civil Litigator

If you are a law student or are thinking about being one, you are probably thinking that you will need to choose between a criminal practice or a civil practice, either public interest/non-profit work, a government job, academia, or a ……
Nov 23
Is It Foreseeable That Falling Asleep While Driving Can Result In a Car Accident?

Is It Foreseeable That Falling Asleep While Driving Can Result In a Car Accident?

Scott Finnegan was a registered nurse with sleep deprivation and depression for which he sought medical treatment and was prescribed Celexa and Trazodone, both of which warn that people need to be “careful if you drive or do anything that…
Nov 22
HAPPY THANKSGIVING

HAPPY THANKSGIVING

TIME TO GOBBLE (for meat-eating Americans (not so much for turkeys)). According to the “Minnesota Turkey” website, “Per capita consumption of turkey is approximately 18 pounds per year per person.” Happy Thanksgiving and Happy…

Rank this Week: 734

Beyond the Underground

Covers legal news, politics, and whimsy. By Evan Schaeffer.

http://www.legalunderground.com

Nov 28
MEANWHILE IN AUSTIN'S

MEANWHILE IN AUSTIN'S

MEANWHILE, IN AUSTIN'S STUDIO IN KANSAS CITY . . . Here's a shot of the inside of Austin's studio in Kansas City, with scattered self-portraits in oil done for a recent assignment--
Nov 28
SELECTIONS FROM MY

SELECTIONS FROM MY

SELECTIONS FROM MY SKETCHBOOK . . . I haven't posted much "artwork" lately, though I'm still in the thrall of a drawing compulsion, which began when conversations about art with my son Austin (of the trip to Costa Rica),…
Nov 27
TYPES OF LAWYERS

TYPES OF LAWYERS

TYPES OF LAWYERS #8: THE PARTNER WHO GOLFS . . . Shhh! The partner-who-golfs is teeing off, and he never likes it when you chuckle during his backswing. So you don't. Instead, you stand quietly as he adjusts his unorthodox stance,…

Rank this Week: 766

Louisiana Law Blog

Insight and information on Louisiana law, litigation and legal culture. By Kean Miller.

http://www.louisianalawblog.com/

May 14
CLS Bank: Software Patents at Risk?

CLS Bank: Software Patents at Risk?

By Lee Vail On May 10, 2013, the Federal Circuit, sitting en banc, handed down its opinion in CLS Bank Int’l v. Alice Corp., No. 2011-1301, slip op. (Fed. Cir. May 10, 2013). The majority of the Federal Circuit judges...
May 14
On the Horizon, Revisions to the Louisiana Private Works Act: "The More Things Change, the More they Stay the Same"

On the Horizon, Revisions to the Louisiana Private Works Act: "The More Things Change, the More they Stay the Same"

By David K. Nelson All persons associated with non-public construction projects in Louisiana are affected by, and should be familiar with, the Louisiana Private Works Act. La. R.S. 9:4801, et. seq. (“PWA”). The two…
Apr 10
Proposed Amendments to OIG Safe Harbor and Stark Physician Self-Referral Exception for Electronic Health Record

Proposed Amendments to OIG Safe Harbor and Stark Physician Self-Referral Exception for Electronic Health Record

By Deborah J. Juneau Normal 0 false false false EN-US X-NONE X-NONE Those health care providers and suppliers who are contemplating accepting donations of electronic health records software and training services should be aware of proposed…

Rank this Week: 782

Workplace Class Action Blog

Covers class action litigation issues, including class certification, discovery and defense strategies. By Seyfarth Shaw LLP.

http://www.workplaceclassaction.com/

May 22
Eighth Circuit Raises Specter Of Constitutionality Issues In TCPA Class Action

Eighth Circuit Raises Specter Of Constitutionality Issues In TCPA Class Action

By Jennifer A. Riley and Jason P. Stiehl In a much-anticipated decision involving the Telephone Consumer Protection Act (“TCPA”), the Eighth Circuit in Nack v. Walburg, Case No. 11-1460 (8th Cir. May 21, 2012), reversed a…
May 16
"Historic" Verdict In EEOC v. Hill Country Farms Reduced To $1.6 Million But Litigation Continues As EEOC Seeks Injunctive Relief Against Defunct Company

"Historic" Verdict In EEOC v. Hill Country Farms Reduced To $1.6 Million But Litigation Continues As EEOC Seeks Injunctive Relief Against Defunct Company

By Christopher DeGroff, Reema Kapur, and Gerald L. Maatman, Jr. We previously reported that the United States Equal Employment Opportunity Commission (EEOC) secured a verdict of $240 million in its lawsuit against Hill Country Farms last…
May 15
Second Circuit Pronounces New View Of The Importance Of Statistical Evidence In Firefighter Hiring Litigation In United States and The Vulcan Society, Inc., et al. v. City Of New York, et al.

Second Circuit Pronounces New View Of The Importance Of Statistical Evidence In Firefighter Hiring Litigation In United States and The Vulcan Society, Inc., et al. v. City Of New York, et al.

By Rebecca Bjork and Gerald L. Maatman, Jr. Employers who face Title VII discrimination lawsuits in the Second Circuit now have some pretty explicit guidance on how to rebut a plaintiff’s attempt to state a prima facie case of pattern…

Rank this Week: 807

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