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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Sep 16

    U.S. urges review of investment case

    U.S. urges review of investment case
    With the support of the Justice Department, two new cases on investment law are more likely to be reviewed by the Supreme Court:  one on the right of investors to sue for false stock registration statements, and one on the duty…
  • Sep 16

    Petition of the day

    Petition of the day
    The petition of the day is: Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. 14-86 Issue: Whether an employer can be liable under Title VII of the Civil Rights At of 1964 for refusing to hire an…
  • Sep 16

    Tuesday round-up

    Tuesday round-up
    Briefly: In The National Law Journal (registration or subscription required), Tony Mauro reports on the amicus briefs filed in Elonis v. United States, in which the Justices will consider whether a Pennsylvania man’s Facebook posts…
Rank this Week: 11

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. By Rob Robinson.

http://infogovernance.blogspot.com/
  • Sep 12

    Making Technology-Assisted Review Problems Smaller? (Cartoon and Clip)

    Making Technology-Assisted Review Problems Smaller? (Cartoon and Clip)
    Keeping up with the promises and problems of Technology-Assisted Review (TAR) can be quite a challenge given the amount of writers and writing on the subject.  This week’s cartoon and clip features a way to make the challenges…
  • Sep 12

    New Survey Shows eDiscovery Workload, Predictive Coding Use Increasing

    New Survey Shows eDiscovery Workload, Predictive Coding Use Increasing
    By Doug AustineDiscovery workload, the use of predictive coding and projected rate of adoption of technically assisted review are all up significantly, according to a new report by recruiting and staffing firm The Cowen Group.In its…
  • Sep 11

    Convincing Employees to Use New Technology

    Convincing Employees to Use New Technology
    By Didier BonnetAll of our companies are digital now – or quickly becoming that way. Almost any enterprise you can think of, no matter the industry or sector, is trying (or being pressured by competitors) to use new technology to…
Rank this Week: 22

Conflict of Laws .net

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
  • Sep 15

    Invitation to Tender: Economic Study to Cross-Border Trade in the Insurance Sector

    Invitation to Tender: Economic Study to Cross-Border Trade in the Insurance Sector
    The European Commission has published an invitation to tender relating to an economic study on the impact of differences in insurance contract law on cross-border trade in the insurance sector. Deadline for submissions is 28 October…
  • Sep 14

    Yearbook of Private International Law, 2013-2014

    Yearbook of Private International Law, 2013-2014
    In line with its predecessors, Volume XV (2013/2014) of the Yearbook of Private International Law offers a comprehensive insight into the contemporary trends of private international law in terms of both theoretical thinking…
  • Sep 12

    New Issue of Revue Hellénique de Droit International

    New Issue of Revue Hellénique de Droit International
    The new issue of Revue Hellénique de Droit International 2/2013 [Vol. 66] was published earlier this month. Table des matières Première Partie - Articles Dossier spécial La Proposition de Règlement…
Rank this Week: 39

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Sep 16

    "FSU colleagues, friends, family remember Markel"

    "FSU colleagues, friends, family remember Markel"
    "FSU colleagues, friends, family remember Markel": Sean Rossman of The Tallahassee Democrat has a news update that begins, "Slain Florida State University College of Law professor Dan Markel's reputation as a publishing dynamo and generous…
  • Sep 16

    "Happy Constitution Day! Too bad it's almost certainly unconstitutional."

    "Happy Constitution Day! Too bad it's almost certainly unconstitutional."
    "Happy Constitution Day! Too bad it's almost certainly unconstitutional." Dahlia Lithwick has this jurisprudence essay online at Slate.
  • Sep 16

    The Eleventh Circuit adjusts to having two judges with the last name Pryor

    The Eleventh Circuit adjusts to having two judges with the last name Pryor
    The Eleventh Circuit adjusts to having two judges with the last name Pryor: As shown in a published opinion issued today, Circuit Judge William H. Pryor, Jr. will be shown in the listing of judges as "William Pryor." As part of today's…
Rank this Week: 53

ICT for Peacebuilding

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
  • Sep 4

    Lankacorps Fellows 2014 presentation

    Lankacorps Fellows 2014 presentation
    A presentation made at The Asia Foundation in Colombo to the 2014 cohort of the Foundation’s Lankacorps Fellows. Filed under: ICTs in general
  • Sep 4

    Lankacorps Fellows 2014 presentation

    Lankacorps Fellows 2014 presentation
    A presentation made at The Asia Foundation in Colombo to the 2014 cohort of the Foundation’s Lankacorps Fellows. Filed under: ICTs in general
  • Aug 29

    Video of keynote: New media, peacebuilding and conflict transformation

    Video of keynote: New media, peacebuilding and conflict transformation
    I was invited to present a keynote address at the International Conference on “Communication, Conflicts and Peace Processes: Landscape of Knowledge from Asia and the Deep South of Thailand”, from 21 – 22 August in Pattani,…
Rank this Week: 51

Class Action Fairness Act Blog

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/
  • Sep 16

    Affirmative Defenses Have No Role in Determining the Amount in Controversy

    Affirmative Defenses Have No Role in Determining the Amount in Controversy
    Smith v. Manhattan Club Timeshare Association, Inc., 2013 WL 1955882 (S.D.N.Y. May 10, 2013). In this action, a District Court in New York held that affirmative defenses asserted on the merits could not be used to cut down the amount in…
  • Sep 12

    Defendants Concrete Evidence Defeats Remand

    Defendants Concrete Evidence Defeats Remand
    Fielder v. Penn Station, Inc., 2013 WL 1869618 (N.D. Ohio May 3, 2013). In this case, the plaintiff made a purchase at Penn Station, Inc., a shop located in Rocky River,Ohiousing his credit card.  The defendant Heartland Payment Systems,…
  • Sep 11

    District Courts Have Authority to Stay Remand Orders in Order to Facilitate Appeal

    District Courts Have Authority to Stay Remand Orders in Order to Facilitate Appeal
    Raskas v. Johnson & Johnson, 2013 WL 1818133 (E.D. Mo. April 29, 2013). In this action, a District Court in Missouri held that it had authority to stay its own remand order.  The plaintiffs brought an action under the Missouri…
Rank this Week: 72

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
  • Sep 16

    Seventh Circuit vacates $100 million punitive damages award against ConAgra

    Seventh Circuit vacates $100 million punitive damages award against ConAgra
    In 2012 we reported on a $100 million punitive damages award against ConAgra Foods, Inc. arising out of a fire in a grain elevator.  According to Reuters, the U.S. Court of Appeals for the Seventh Circuit has reversed that punitive…
  • Sep 15

    New Mexico jury awards $65 million in punitive damages; Texas jury awards $15 million

    New Mexico jury awards $65 million in punitive damages; Texas jury awards $15 million
    I'm catching up on punitive damages news after being out of the office last week.  While I was out, the AP reported that a jury in New Mexico awarded $2.3 million in compensatory damages and $65 million in punitive damages in a lawsuit…
  • Sep 15

    Missouri Supreme Court strikes down punitive damages cap as unconstitutional

    Missouri Supreme Court strikes down punitive damages cap as unconstitutional
    Last week, Missouri's high court issued a unanimous published opinion holding that a statutory cap on punitive damages violates the Missouri Constitution. The statute in question provides that a punitive damages award against a single…
Rank this Week: 94

Day on Torts

Day on Torts

Covers issues relating to tort law, regulations, and trials. By John A. Day.

http://www.dayontorts.com/
  • Sep 15

    Claim Washed Down the Drain By Tennessee Statute of Repose and Lack of Constructive Notice

    Claim Washed Down the Drain By Tennessee Statute of Repose and Lack of Constructive Notice
    Tthis is a premise liability case arising from the collapse of a bench in a handicap shower at the defendant’s hotel.   Upon checking into their handicap room at the Holiday Inn Express, the Parkers noticed the bench in the…
  • Sep 11

    When is a Summons and Complaint "Unclaimed" Under Tennessee Law?

    When is a Summons and Complaint "Unclaimed" Under Tennessee Law?
    The Tennessee Court of Appeals recently issued an opinion dealing with a circumstance when service of process was designed “unclaimed” by the U.S. Postal Service. In Goodman v. Ocunmola, No. E2014-00045-COA-R3-CV (Tenn. Ct. App.…
  • Sep 10

    Tennessee Tort Buffet

    Tennessee Tort Buffet
    The  recent Tennessee Court of Appeals opinion n Davis v. Covenant Presbyterian Church discussed a host of issues. What is Required to Properly Allege Vicarious Liability? The Court of Appeals affirmed dismissal of vicarious liability…
Rank this Week: 110

Point of Law Forum

Point of Law Forum

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: 112

Asset Search Blog

Asset Search Blog

Covers asset searches, fraud investigations, and legal strategies for recovering hidden assets. By Fred L. Abrams.

http://www.assetsearchblog.com/
  • Aug 21

    Recovering Assets By Identifying & Immobilizing Them

    Recovering Assets By Identifying & Immobilizing Them
    Identifying and immobilizing assets in a timely fashion can be paramount to asset recovery cases ranging from an ultra- high net worth divorce to a forced collection proceeding against a debtor. The abstract about “Suspending Suspicious…
  • Jul 22

    Recovering Illicit Assets Via Switzerland’s Mutual Legal Assistance Unit

    Recovering Illicit Assets Via Switzerland’s Mutual Legal Assistance Unit
    Mr. Pascal Gossin is the head of Switzerland’s Mutual Legal Assistance Unit, (hereinafter “the Unit”), which is part of the Federal Office of Justice.  Mr. Gossin was a fellow speaker at the Carmelite Chambers…
  • Jul 3

    Divorce & Hidden Money: Four Methods Spouses Sometimes Use To Conceal Asset

    Divorce & Hidden Money: Four Methods Spouses Sometimes Use To Conceal Asset
    This is the eighth post in the “Divorce & Hidden Money” series.  Like “Four Asset Concealment Tools” and “Four Ways Assets Can Be Secretly Transferred”, the post reveals methods a spouse may use to…
Rank this Week: 129

Class Action Blog

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Packman, Nealon, Scialabba & Baker P.C.

http://classactionblog.mpnsb.com/
  • Mar 26

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)
    The Court conditionally certified Meiselman Packman Nealon Scialabba & Baker P.C.’s federal lawsuit against PJPA, LLC a Papa John’s Pizza franchisee in Pennsylvania, New Jersey and Delaware.  As a result of the…
  • Mar 14

    McDonald’s And Other Food Chains May Be Underpaying Employee

    McDonald’s And Other Food Chains May Be Underpaying Employee
    Many fast food restaurants require their employees to purchase uniforms and/or clean their uniforms at their own costs.  However, employees should be reimbursed for the cost of purchasing and cleaning their uniforms.  In a recent…
  • Mar 10

    Tom’s Natural Toothpaste May Not Actually Be Natural

    Tom’s Natural Toothpaste May Not Actually Be Natural
    Consumers in the U.S. rely on labels that say “natural” when purchasing products such as toothpastes.  Consumers are even willing to pay extra money to buy products that are labeled “natural”.  Unfortunately,…
Rank this Week: 141

Structured Settlements 4Real

Structured Settlements 4Real

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

http://structuredsettlements.typepad.com/structured_settlements_4r/
Rank this Week: 171

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Sep 16

    Hills and Ridges Doctrine Applies to Naturally Accumulating Snow and Ice

    Hills and Ridges Doctrine Applies to Naturally Accumulating Snow and Ice
    Natural accumulation of snowIn the unpublished, "Non-precedential" decision of the Pennsylvania Superior Court in the case of Stobodzian v. PNC Fin. Serv. Grp., No. 33 MDA 2014 (Pa. Super. Aug. 5, 2014) (Memorandum Op.) (Lazarus, J.,…
  • Sep 16

    Sheet of Ice is Not a Hill or Ridge of Ice or Snow

    Sheet of Ice is Not a Hill or Ridge of Ice or Snow
    In their recent unpublished, "non-precedential" decision in the case of McLamb v. Supervalu, Inc., No. 2139 MDA 2013 (Pa. Super. Aug. 15, 2014 Shogan, J., Lazarus, J., Musmanno, J.)(Op. by Shogan, J.), the Pennsylvania Superior Court…
  • Sep 15

    UIM Household Exclusion Says What It Means and Means What It Say

    UIM Household Exclusion Says What It Means and Means What It Say
    In Clarke v. MMG Ins. Co., No. 2937 EDA 2013, --- A.3d --- (Pa. Super. Sept. 4, 2014)(Panella, Lazarus, and Jenkins, JJ)(Op. by Jenkins, J.)(Panella, Dissenting), the Pennsylvania Superior Court overturned a trial court's reliance upon a…
Rank this Week: 154

The Briefcase

The Briefcase

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

http://www.briefcase8.com/
  • Feb 28

    Friday Roundup

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

    My latest experiences with the burning bush

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

    An unlikely story

    An unlikely story
    Every trial is a story.  The prosecution has a story.  The defense has a story.  Oftentimes, the defense story is nothing more than that the prosecution hasn't proved their story beyond a reasonable doubt. The prosecution's…
Rank this Week: 149

New York Probate & Estate…

New York Probate & Estate Litigation Blog

Covers probate news, procedures and resources. By Philip M. Bernstein.

http://www.nyprobatelitigation.com/
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don't really have a good explanation for this. I usually ask at this point which…
  • Aug 23

    Power Of Attorney Not Always Easy To Use

    Power Of Attorney Not Always Easy To Use
    An article in today's New York Times sheds some interesting light on powers of attorney and their sometimes unforeseen drawbacks. Your lawblogger thinks it is well worth a look.
  • Aug 21

    Anna Nicole Smith Estate (Finally) Out Of Court

    Anna Nicole Smith Estate (Finally) Out Of Court
    The ABA Journal reports on the final failure of the Estate of Anna Nicole Smith to recover  hundreds of millions of dollars from the estate of her late husband J. Howard Marshall. Marshall, a Texas oil billionaire died at 89, a year…
Rank this Week: 219

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Sep 15

    “Smart people ask for (my) advice!”

    “Smart people ask for (my) advice!”
    We are often wary of asking for advice for fear of looking dumb or appearing incompetent. Oddly enough, our fears may be unfounded based on some new research out of Harvard Business School. According to the researchers, asking for advice does…
  • Sep 12

    The Fear of Missing Out (FoMO) Scale

    The Fear of Missing Out (FoMO) Scale
    Social media applications have made it much easier for us to know what our friends are doing. While this knowledge can have positive benefit, it can also result in a paralyzing fear of missing out (popularly known as FoMO). FoMO has even made…
  • Sep 10

    “The iPhone Effect”: Can you say polyconsciousness?

    “The iPhone Effect”: Can you say polyconsciousness?
    We know smartphones can be really annoying when they distract our lunch or meeting companions from our scintillating repartee. There is even recent (2013) research showing women are twice as likely to be annoyed by smart phone interruptions…
Rank this Week: 229

Chicago IP Litigation Blog

Chicago IP Litigation Blog

Covers Northern District of Illinois intellectual property cases. By R. David Donoghue.

http://www.chicagoiplitigation.com/
Rank this Week: 231

the complex litigator

the complex litigator

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

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

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

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

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

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

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC
    Next up on the update list is Iskanian v. CLS Transportation Los Angeles LLC (June 23, 2014). In Iskanian, a limousine driver filed a class action lawsuit on behalf of himself and similarly situated employees for his employer’s alleged…
Rank this Week: 212

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: 211

Say What?! Judge Jerry Buchmeyer's…

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

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

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

    December 1997 - I Did a Buchmeyer

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

    September 2007 - That's How Vegas Work

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

    May 1985 - Were You in the Military Service?

    May 1985 - Were You in the Military Service?
    Q. How far did you get in the service? It was in the Army, wasn't it? A. Yes, sir, the Army. Q. How far did you get? A. Over to the South Pacific.
Rank this Week: 228

The Appellate Gourmet (c)

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 275

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Sep 15

    Cross-examining the Expert Witness by Dean Brett Part 1

    Cross-examining the Expert Witness by Dean Brett Part 1
    In How to prepare to cross-examine an expert witness, attorney Dean Brett writes on what he describes as "one of the trial attorney's most difficult tasks." Throughout my years as a trial attorney, I have found that one of the most…
  • Sep 13

    Pathology Expert Witness On Learning From Other Expert

    Pathology Expert Witness On Learning From Other Expert
    In Expert Mistakes, pathology expert witness Dr. Judy Melinek discusses learning from other experts: "An expert is someone who knows some of the worst mistakes which can be made in a very narrow field." Niels Bohr When I review others'…
  • Sep 11

    Security Management Expert Witness On Hospital Security Program

    Security Management Expert Witness On Hospital Security Program
    In Sustaining Hospital Security Programs in an Environment of Decreasing Reimbursables & Increasing Demand for Services, security management expert witness William H. Nesbitt, CPP, writes that “many hospitals are facing a decrease…
Rank this Week: 316

Nebraska Litigation & Trial…

Nebraska Litigation & Trial Advisor

Covers trials and appeals, depositions, and discovery. By Lamson, Dugan and Murray, LLP.

http://nebraskalitigationadvisor.com/
Rank this Week: 298

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: 349

Appellate Law & Practice

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: 336

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/
  • Dec 31

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim
    Silverberg v. Gold, C.A. 7646-VCP (December 31, 2013) Under Delaware law, a so-called Brophy claim seeks to recover the profits made by trading on insider information. Showing that material insider information was available is not…
  • Dec 31

    Court Of Chancery Denies Advancement For Predecessor Liability

    Court Of Chancery Denies Advancement For Predecessor Liability
    Grace v. Ashbridge LLC, C.A. 8348-VCN (December 31, 2013) In general, a successor entity is not liable for its predecessor's obligations when there has been a fundamental change in the identity of the entity.  Here, the Court held…
  • Sep 15

    Chancery Court Confirms Fluctuating Interest Rate Is Appropriate

    Chancery Court Confirms Fluctuating Interest Rate Is Appropriate
    Authored By Thomas E. Hanson, Jr. This article was originally published in the Delaware Business Court Insider | September 10, 2014 In lengthy disputes where a judgment is entered as of a date several years in the past,…
Rank this Week: 378

Civil Procedure & Federal Courts…

Civil Procedure & Federal Courts Blog

By Robin Effron, Cynthia L. Fountaine, Patricia Hatamyar Moore and Adam Steinman.

http://lawprofessors.typepad.com/civpro/
  • Sep 16

    Judicial Conference Passes Proposed FRCP Amendment

    Judicial Conference Passes Proposed FRCP Amendment
    The National Law Journal reports that the Judicial Conference passed the proposed amendments to the Federal Rules of Civil Procedure today. The amendments next to go the Supreme Court for approval.
  • Sep 12

    Proposed Rule 37(e): Failure to Preserve Electronically Stored Information

    Proposed Rule 37(e): Failure to Preserve Electronically Stored Information
    I mentioned yesterday that the proposed FRCP amendments include all three top priorities of the defense-oriented "Lawyers for Civil Justice," as stated on its web site: LCJ’s . . . current federal rulemaking agenda is focused on .…
  • Sep 11

    Third Circuit Oral Argument Held in GlaxoSmithKline Diversity Case

    Third Circuit Oral Argument Held in GlaxoSmithKline Diversity Case
    We've been following GlaxoSmithKline's re-removal, more than 12 months after filing, of several personal injury cases after the Third Circuit held that a ten-by-ten foot subleased office made Delaware the principal place of business of a…
Rank this Week: 451

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/
  • Sep 16

    Those Are Pearls That Were His Eye

    Those Are Pearls That Were His Eye
    Valentina Vadi, War, Memory, and Culture: The Uncertain Legal Status of Historic Sunken Warships Under International Law, 37 Tul. Mar. L. J. 333 (2013).Stephen UriceFull fathom five thy father…
  • Sep 15

    Just the Beginning: Studying the Global Demography of Lawyer

    Just the Beginning: Studying the Global Demography of Lawyer
    Ethan Michelson, Women in the Legal Profession, 1970-2010: A Study of the Global Supply of Lawyers, 20 Ind. J. Global Legal Stud. 1071 (2013).Sida LiuIn the past a few decades, feminization has been one of the most notable…
  • Sep 12

    Bodies on the Line: The Private Tragedies Underlying Modern Products Liability Law

    Bodies on the Line: The Private Tragedies Underlying Modern Products Liability Law
    Barbara Young Welke, The Cowboy Suit Tragedy: Spreading Risk, Owning Hazard in the Modern American Consumer Economy, 101 J. of Am. Hist. 97 (2014).Karen Tani“Legal interpretation,” Robert Cover famously wrote, “takes place…
Rank this Week: 393

eDiscovery Daily Blog

eDiscovery Daily Blog

Provides eDiscovery news, analysis and educational tips. By Trial Solutions.

http://www.ediscoverydaily.com/
Rank this Week: 541

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Sep 15

    Death Toll on Defective GM Ignition Switch Now at 19

    Death Toll on Defective GM Ignition Switch Now at 19
    GM is now linked to 19 deaths as a result of defective faulty ignition switches in vehicles. The increased death number was revealed recently from a compensation professional retained by the car manufacturer, Kenneth Feinberg, who offered the…
  • Sep 15

    AIG Bailout Trial May Carry Insurer Risk

    AIG Bailout Trial May Carry Insurer Risk
    Even though AIG (American International Group Inc.) paid back taxpayers for the government bailout years back, a multi-billion question and an ex-boss still looms over the firm. AIG insured the Federal Reserve Bank of NY for any payments from…
  • Sep 9

    Prosecutors Charge Several Operators on $500M Laundering Case

    Prosecutors Charge Several Operators on $500M Laundering Case
    Federal prosecutors have charged several individuals running an offshore laundering scheme that claimed to have let clients manage stocks, avoid paying taxes, and laundering millions of dollars. A recent indictment revealed in a Brooklyn…
Rank this Week: 478

Workplace Class Action Blog

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/
Rank this Week: 419

DRI Today

DRI Today

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

http://forthedefense.org/Default.aspx
  • Sep 11

    Workers’ Compensation Cost Containment for the North Carolina Employer: Effectively Asserting the Misrepresentation Defense

    Workers’ Compensation Cost Containment for the North Carolina Employer: Effectively Asserting the Misrepresentation Defense
    On June 24, 2011, then-Governor Beverly Purdue signed H 709——"Protecting and Putting North Carolina Back to Work Act" into law. As part of this Legislative Reform, North Carolina Employers now have an additional defense…
  • Sep 3

    Court Holds FedEx Drivers are Employees, Not Independent Contractor

    Court Holds FedEx Drivers are Employees, Not Independent Contractor
    “When I see a bird that walks like a duck and swims like a duck and quacks like a duck, I call that bird a duck.”  -- Indiana poet James Whitcomb Riley (1849–1916) 1. Background The United States Court of Appeals…
  • Sep 2

    Lawyers Get Old Also

    Lawyers Get Old Also
    I had a very talented law partner who retired at age 64 to take an appointment by the Governor for a six-year term on the Public Service Commission.  He works just as hard as always, but for less money in government service.  When I…
Rank this Week: 547

Litigation and Trial

Litigation and Trial

Covers topics related to civil litigation. By Maxwell S. Kennerly.

http://www.litigationandtrial.com/
  • Sep 8

    To Practice Law Is To Be Afraid

    To Practice Law Is To Be Afraid
    © Max Kennerly. The original for this post is To Practice Law Is To Be Afraid at Litigation & Trial Lawyer Blog.When it comes to lawyer “war stories,” I agree with Philip Thomas: “The only stories about a lawyer…
  • Sep 4

    MedPage Today Parrots Drug Company Marketing As “Medical News”

    MedPage Today Parrots Drug Company Marketing As “Medical News”
    © Max Kennerly. The original for this post is MedPage Today Parrots Drug Company Marketing As “Medical News” at Litigation & Trial Lawyer Blog.I represent clients in the consolidated Actos litigation, and so I’m…
  • Aug 15

    What If Liebeck v. McDonald’s Was Just Another Case?

    What If Liebeck v. McDonald’s Was Just Another Case?
    © Max Kennerly. The original for this post is What If Liebeck v. McDonald’s Was Just Another Case? at Litigation & Trial Lawyer Blog.This week marks the 20th anniversary of the verdict in the Stella Liebeck…
Rank this Week: 375

Federal Civil Practice Bulletin

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/
Rank this Week: 456

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: 482

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Sep 16

    Lawsuit Funding may be Vital in Keeping Your Case Strong

    Lawsuit Funding may be Vital in Keeping Your Case Strong
    You spend thousands of dollars each year on your insurance policies for protection and reassurance in the event of an accident. When a serious auto accident does occur, you could be left with severe injuries, disabilities, and steep medical…
  • Sep 16

    Wrongful Death Lawsuit Filed In Death of Woman Killed By Falling Stone

    Wrongful Death Lawsuit Filed In Death of Woman Killed By Falling Stone
    When building accidents occur it can result in severe injury and sometimes death. While most people think of building accidents as construction related incidents, they can be a result of other types of accidents, such as a structure not…
  • Sep 15

    Reasons to Apply for Lawsuit Funding Outweigh Accepting a Low Settlement Offer

    Reasons to Apply for Lawsuit Funding Outweigh Accepting a Low Settlement Offer
    There are three main reasons why seriously injured victims file lawsuits - ethical and moral principal; help ensure the same negligence won't happen to someone else; to be financially compensated for damages incurred. There are also many…
Rank this Week: 815

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Sep 16

    When Can a Litigant Talk Out of Both Sides of His Mouth and When Can’t She?

    When Can a Litigant Talk Out of Both Sides of His Mouth and When Can’t She?
    A child might say, “Daddy, you cannot prove that I ate the cookie, but, if you conclude that I did eat eat the cookie, I thought that Mommy said I could.” This child will possibly get a time-out from the parents.…
  • Sep 15

    Hope and change?

    Hope and change?
    When I wrote about the Staab III case before, I ended by writing that the hope of injured persons to be fairly compensated for their injuries from those at fault was in the hands of the Supreme Court.  In this … Continue reading…
  • Sep 15

    Does Your Livelihood Have Any Meaning or Redeeming Social Value?

    Does Your Livelihood Have Any Meaning or Redeeming Social Value?
    Update (September 15, 2014): I hope the “subject line” is an exception to Betteridge’s law. We all have to be our own judges on that. The lawsuit, discussed below in April, 2013, celebrated its second…
Rank this Week: 787

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Sep 16

    Defendant Sentenced to 15 Years for Jury Tampering

    Defendant Sentenced to 15 Years for Jury Tampering
    Sticking with yesterday's theme of improper contact with a sitting juror, a Louisiana woman (Alicia Tucker) was recently sentenced to 15 years in prison for conspiring to commit jury tampering. The tampering occurred during a three-way…
  • Sep 15

    Defendant's Facebook Activity Leads to Charges of Improper Influence of a Juror

    Defendant's Facebook Activity Leads to Charges of Improper Influence of a Juror
    A defendant who was recently convicted of aggravated robbery has been charged with improper influence of a juror. Apparently, the defendant, during his trial for aggravated robbery, was communicating with one of his jurors via Facebook.…
  • Sep 12

    Judges Talking to Jurors in Criminal Cases: Why U.S. Judges Do It so Differently from Just About Everyone Else

    Judges Talking to Jurors in Criminal Cases: Why U.S. Judges Do It so Differently from Just About Everyone Else
    Paul Marcus Abstract (to read the entire article go here): Finally, the evidence has all been heard, the lawyers have given closing arguments to the jurors, and now it is up to the trial judge; it is her turn. Of...
Rank this Week: 854

Southern California Appellate News

Southern California Appellate News

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

http://socal-appellate.blogspot.com/
  • Sep 15

    Court of Appeal Analysis of Supreme Court reversal

    Court of Appeal Analysis of Supreme Court reversal
    Putting aside the State Bar Annual Meeting...The DJ's been feeding appellate needs w/many good articles the past few days!On Thursday, GSMR's Alana Rotter shared Maximize the Impact of Amicus Support.On Friday, Emily Green got to work with…
  • Sep 15

    New Calif. Appeal Bond Rules Correct Outdated Proce

    New Calif. Appeal Bond Rules Correct Outdated Proce
    That's the title of a Law360 article last Thursday here by H&L's Tom Watson and Lisa Perrochet about AB 1856, which Gov. Brown signed recently governing deposits in lieu of appeal bonds. Now state and federal bonds and cashier's…
  • Sep 15

    Supremes Theatrical performance a hit!

    Supremes Theatrical performance a hit!
    Who's got acting chops? Our Justices do!On Friday morning at the State Bar Annual Meeting the Chief and Justices Baxter, Chin, Corrigan and Liu (joined by State Bar CEO Joe Dunn, ND Cal Judge Larry Burns, and "author" Richard Rahm) presented…
Rank this Week: 905

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/
  • Sep 15

    Protective Order Renders Commercial Contract Impossible to Perform

    Protective Order Renders Commercial Contract Impossible to Perform
    Plaintiff Kolodin is a singer who lived with her agent, defendant Valenti. Despite the deterioration of their relationship the parties maintained a professional arrangement and Kolodin continued to sign with Valenti and his company,…
  • Aug 25

    Board Member's Vote for Disputed Conduct Not Deemed Bias for Demand in Derivative Action

    Board Member's Vote for Disputed Conduct Not Deemed Bias for Demand in Derivative Action
    Often, litigation involving a corporation will be framed as a derivative action meaning, that the shareholder that is suing is doing so on behalf of the corporation but not individually. A prerequisite for a derivative action is the suing…
  • Aug 18

    Court Finds the Word "Control" to Be Ambiguous and Affirms $17.2 Million Malpractice Award

    Court Finds the Word "Control" to Be Ambiguous and Affirms $17.2 Million Malpractice Award
    In interpreting deal documents, an issue arose as to the definition of the word "control" when used in an attempt to obtain "control" over a board of directors. For that reason, and others, the law firm that drafted those documents was found…
Rank this Week: 629

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Sep 15

    $500,000 Verdict Against Target in Hinds County Slip-and-Fall Case

    $500,000 Verdict Against Target in Hinds County Slip-and-Fall Case
    Last week a Hinds County jury rendered a $500,000 verdict in McFarland v. Target Corp. Here is the Verdict Form. Lesa McFarland alleged that she fell in Target on August 4, 2011 on the See Spot Save dollar aisle. This was a high traffic…
  • Sep 11

    Lawyers Shouldn’t File Stuff Like Thi

    Lawyers Shouldn’t File Stuff Like Thi
    The Clarion-Ledger broke the story today about the ridiculous lawsuit that Jackson attorney Herbert Lee filed against Hinds County Circuit Judge Jeff Weill and selected justices of the Mississippi Supreme Court. Here is…
  • Sep 9

    After 40 Years, Lawyer Forgets How to Act in Court

    After 40 Years, Lawyer Forgets How to Act in Court
    NMissCommentor had this post yesterday about a 5th Circuit oral argument gone bad for Louisiana lawyer Daniel Broussard. Broussard, who says he’s been doing it for forty years, first interrupted Judge Grady Jolly and then proceeded to…
Rank this Week: 713

North Texas Legal News

North Texas Legal News

Covers Texas business law. By Leiza Dolghih.

http://northtexaslegalnews.com/
Rank this Week: 1050

Court Technology and Trial…

Court Technology and Trial Presentation Blawg

Covers court and trial technology, and trial presentation. By Ted Brooks.

http://trial-technology.blogspot.com/
  • Sep 11

    Windows 8 and That Annoying Little Toolbar

    Windows 8 and That Annoying Little Toolbar
    If you've upgraded to Windows 8, and are doing anything with dual monitors, you may have seen that little stripe visible at the bottom of your second monitor. If you're in auto-hide mode with the Toolbar, mousing over it brings it up. If not,…
  • Aug 19

    HDMI v. VGA: Time to Upgrade?

    HDMI v. VGA: Time to Upgrade?
    Although the HDMI video format has been available for several years now, the majority of courtroom trial presentations are still done with VGA cables and equipment in a 4:3 format. For comparison, the diagram below shows common settings with…
  • Jul 11

    Deposition Video (MPEG-2) DVDs and Windows 8

    Deposition Video (MPEG-2) DVDs and Windows 8
    Congratulations! You've just upgraded your laptop with the latest from Redmond (as in Redmond, Washington, home of Microsoft), and have finally figured out how to bypass most of the “purple charms” screen stuff. You’ll still…
Rank this Week: 576

Electronic Discovery Law

Electronic Discovery Law

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

http://www.ediscoverylaw.com/
Rank this Week: 573

The Courtroom Insight Blog

The Courtroom Insight Blog

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

http://blog.courtroominsight.com/
Rank this Week: 934