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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Jul 29

    Petition of the day

    Petition of the day
    The petition of the day is: WorldCom, Inc. v. Internal Revenue Service 13-1269 Issue: Whether, contrary to the Federal Circuit’s decision in USA Choice Internet Services, LLC v. United States, the Internal Revenue…
  • Jul 29

    Last abortion clinic in Mississippi may be spared

    Last abortion clinic in Mississippi may be spared
    In a ruling that is likely to mean that the only abortion clinic still operating in Mississippi will not have to close, the U.S. Court of Appeals for the Fifth Circuit ruled on Tuesday that a two-year-old state law regulating clinics cannot…
  • Jul 29

    Appeals court rejects new test of health care mandate

    Appeals court rejects new test of health care mandate
    Ruling that the federal health care law’s mandate to buy health insurance is a law about a tax but not about raising government revenue, the U.S. Court of Appeals for the District of Columbia Circuit on Tuesday rejected a new…
Rank this Week: 15

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
  • Jul 27

    Latest on Spanish Journals (II)

    Latest on Spanish Journals (II)
    The last issue of La Ley. Unión Europea (July 2014) has also been released this month.  Prof. P. de Miguel Asensio (Universidad Complutense of Madrid) is the author of the first contribution, entitled “El tratamiento de…
  • Jul 27

    Latest on Spanish Journals (I)

    Latest on Spanish Journals (I)
     Vol. VII (2014, 2) of the Spanish journal Arbitraje. Revista de Arbitraje Comercial y de Inversiones has just been released. The following contributions are to be found therein: Under the heading Estudios Franco FERRARI: Forum shopping:…
  • Jul 24

    Save the Date: Next Conference of the German Academic Association for International Procedural Law

    Save the Date: Next Conference of the German Academic Association for International Procedural Law
    The next biannual conference of the German Academic Association for International Procedural Law (Wissenschaftliche Vereinigung für Internationales Verfahrensrecht e.V.) will take place from 25 to 28 March 2015 in Luxemburg. It will…
Rank this Week: 18

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Jul 26

    Programming note

    Programming note
    Programming note: Each summer I take at least a week's vacation from work and from this blog. This summer, my vacation begins now. New posts will appear here on Monday, August 4, 2014. Readers are invited to follow me on Twitter at…
  • Jul 26

    "Hillary Clinton touts Supreme Court Justice Sonia Sotomayor's memoir while visiting the Bronx"

    "Hillary Clinton touts Supreme Court Justice Sonia Sotomayor's memoir while visiting the Bronx"
    "Hillary Clinton touts Supreme Court Justice Sonia Sotomayor's memoir while visiting the Bronx": The New York Daily News has this report.
  • Jul 26

    "TPD pinpoints garage in Markel's death"

    "TPD pinpoints garage in Markel's death"
    "TPD pinpoints garage in Markel's death": Sean Rossman has this article in today's edition of The Tallahassee Democrat.
Rank this Week: 31

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Jul 29

    Aviation Safety Expert Witnesses & Southwest Airlines $12M Fine

    Aviation Safety Expert Witnesses & Southwest Airlines $12M Fine
    Aviation safety expert witnesses may consult on aviation accident analysis, aerospace engineering, aviation maintenance, and related matters. In the news, a July 28th Federal Aviation Administration press release stated that the FAA plans to…
  • Jul 28

    Oncology Expert Witness On Malpractice Insurance Part 2

    Oncology Expert Witness On Malpractice Insurance Part 2
    In Malpractice Premiums Drop for 6th Straight Year, oncology expert witness Dr. Judy L. Schmidt writes:86% of Rates Decreased or Did Not Change The MLM survey analyzes malpractice insurance rates charged by carriers in markets that range…
  • Jul 21

    Child Sexual Abuse Expert Witnesses On The Forensic Interview Analysi

    Child Sexual Abuse Expert Witnesses On The Forensic Interview Analysi
    In Child Sexual Abuse – Forensic Interview Analysis, child sexual abuse expert witnesses at Forensic Pediatrics Consultants – Child Abuse & Child Safety write: The objective of a forensic interview in the context of child…
Rank this Week: 57

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/
  • Jul 2

    Only Concrete Evidence Can Keep a Defendant’s Case Afloat Under CAFA’S Legal Certainty Standard

    Only Concrete Evidence Can Keep a Defendant’s Case Afloat Under CAFA’S Legal Certainty Standard
    Bell v. Home Depot U.S.A., Inc., 2013 WL 1791920 (E.D.Cal. April 26, 2013). As amended by CAFA, 28 U.S.C. § 1332(d) vests district courts with original jurisdiction of any civil action in which the amount in controversy exceeds…
  • May 23

    Forum Shopping May Not Qualify as Bad Faith

    Forum Shopping May Not Qualify as Bad Faith
    Deaver v. BBVA Compass Consulting & Benefits, Inc., 2013 WL 2156280 (N.D. Cal. May 17, 2013). The U.S. District Court for the Northern District of Florida determined whether the Supreme Court’s recent decision in Standard Fire…
  • May 22

    District Court Can Stay Its Remand Order Pending Appeal

    District Court Can Stay Its Remand Order Pending Appeal
    Dalton v. Walgreen Co., 2013 WL 2367837 (E.D. Mo. May 29, 2013). Staying its remand order to facilitate the defendant to prefer an appeal, the U.S. District Court for the Eastern District of Missouri held that it had jurisdiction to reopen…
Rank this Week: 77

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
  • Jul 2

    Ten years after the Asian tsunami, new ideas for DRR: Keynote address at ISCRAM 2014

    Ten years after the Asian tsunami, new ideas for DRR: Keynote address at ISCRAM 2014
    I was invited to deliver a keynote address at the ISCRAM Asia Conference 2014 held in Sri Lanka from 20 – 21 June 2014. My session was held at the University of Colombo’s School of Computing and was titled ‘The more the…
  • Jul 2

    Ten years after the Asian tsunami, new ideas for DRR: Keynote address at ISCRAM 2014

    Ten years after the Asian tsunami, new ideas for DRR: Keynote address at ISCRAM 2014
    I was invited to deliver a keynote address at the ISCRAM Asia Conference 2014 held in Sri Lanka from 20 – 21 June 2014. My session was held at the University of Colombo’s School of Computing and was titled ‘The more the…
  • Jun 10

    Remixing Pharrell’s ‘Happy’ in Sri Lanka

    Remixing Pharrell’s ‘Happy’ in Sri Lanka
    Intrigued by the production of several geo-remixed (a term borrowed from Ethan Zuckerman) videos in Sri Lanka of Pharrell’s ‘Happy’ song, I penned an article for Groundviews. I submit, Happiness is clearly present and…
Rank this Week: 71

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/
  • 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 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…
Rank this Week: 80

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: 99

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Jul 29

    Rohloff v. NHL: Taking on the NHL for Players’ Brain Damage

    Rohloff v. NHL: Taking on the NHL for Players’ Brain Damage
      Two years ago, Minnesota Litigator noted the work of sports law specialist, William A. Staar, about a new wave of litigation over head injuries. Today the NHL heard from an old alum, Jon Rohloff of Cohasset, Minnesota who played…
  • Jul 29

    Dealing with Inherent Uncertainty: The “Implied Covenant of Good Faith & Fair Dealing”

    Dealing with Inherent Uncertainty: The “Implied Covenant of Good Faith & Fair Dealing”
    “Under Minnesota law, every contract includes an implied covenant of good faith and fair dealing” (emphasis added).  But under Minnesota law, just what is “an implied covenant of good faith and fair…
  • Jul 28

    When Does Tax Avoidance = Tax Evasion?

    When Does Tax Avoidance = Tax Evasion?
    Update (July 28, 2014): Scenario 1: Let’s say you intended a transaction to have a business purpose or “economic substance” but, as structured, it conferred no business benefit whatsoever, but you got a tax benefit…
Rank this Week: 102

the complex litigator

the complex litigator

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

http://thecomplexlitigator.com/post-data/
Rank this Week: 108

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/
  • Jul 28

    Settlement Planners Seek Leads of Sellers of Structured Settlements on LinkedIn Group Forum?

    Settlement Planners Seek Leads of Sellers of Structured Settlements on LinkedIn Group Forum?
    Surprising to see settlement planners Kathleen Blevins of WinFirst Structures and Joe DiGangi, the latter a member of NSSTA, former President of Millennium Settlements, apparently offering to be... This is a content summary only. Please…
  • Jul 25

    Sumter County Forum Shop | Judge Morley Does The "Tighten Up"

    Sumter County Forum Shop | Judge Morley Does The "Tighten Up"
    Scrutiny had visited upon the Sumter County courthouse, which has long had a reputation as a preferred venue for forum shopping cash now pushers. This is a content summary only. Please click on the title for the full content, If you find…
  • Jul 24

    Single Claimant QSF | R.I.P. "Dead Horse"

    Single Claimant QSF | R.I.P. "Dead Horse"
    by John Darer CLU ChFC CSSC RSP CLTC The Single Claimant QSF horse has been dead for half a decade. It made a lot of people very successful while it lasted and it's presence was one factor that... This is a content summary only. Please click…
Rank this Week: 134

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Jul 28

    Scheduling Delay Does Not Warrant Canceling the Deposition

    Scheduling Delay Does Not Warrant Canceling the Deposition
    Cleversafe, Inc. v. Amplidata, Inc., No. 11 C 4890, Slip Op. (N.D. Ill. Jan. 11, 2014) (Cole, Mag. J.). Judge Cole denied plaintiff Cleversafe’s motion for a protective order and sanctions preventing the deposition of Cleversafe’s…
  • Jul 25

    “Growing Trend” That Bit Torrent Doe Defendants Need Not be Time-Related

    “Growing Trend” That Bit Torrent Doe Defendants Need Not be Time-Related
    TCYK, LLC, v. Does 1-44, No. 13 C 3825, Slip Op. (N.D. Ill. Feb. 20, 2014) (Dow J.). Judge Dow denied various Doe defendants’ motions to grant subpoenas to their respective ISPs in this BitTorrent copyright case involving the movie…
  • Jul 22

    Modifying the Innovation Act to Selectively Target the Patent Troll Problem

    Modifying the Innovation Act to Selectively Target the Patent Troll Problem
    The following is a blog post by Varun Shah, Aruba Network’s Director, Intellectual Property — full disclosure, I previously represented Aruba.  Shah has an interesting alternative patent reform proposal that seeks to target…
Rank this Week: 151

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 200

Angel Reyes Blog

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/
  • Jul 30

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?
      Most of us have experienced the anxiety and frustration of a computer, smartphone, iPad or other device malfunctioning. But what would we do if our lives depended on an electronic device performing perfectly?    
  • Jul 9

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit
      This past Monday, a New York federal judge denied Big Pharma’s Merck & Co Inc.’s attempt to avoid paying $285,000 to plaintiff in a multi-district lawsuit based on the fact that the bone drug Fosamax causes jaw…
  • Jul 8

    Monster Overdose: Are Energy Drinks Killing Teens?

    Monster Overdose: Are Energy Drinks Killing Teens?
    Alex Morris died suddenly this year from cardiac arrest at the age of 19. He habitually drank two cans of Monster Energy® drinks each day for two years. His mother Paula believes energy drinks were the cause and immediately filed a…
Rank this Week: 184

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
  • Jul 25

    Another Victory for Plain Text (and I Don’t Mean Font Style)

    Another Victory for Plain Text (and I Don’t Mean Font Style)
    Earlier this week, the Seventh Circuit rejected an attempt by the U.S. Department of Justice to rewrite a federal statute to suit the Executive Branch’s convenience.  In Bormes v. United States, No. 13-1602 (7th Cir. July 22,…
  • Jul 24

    Second Circuit Affirms Attorney’s Fees Award to Prevailing Defendant

    Second Circuit Affirms Attorney’s Fees Award to Prevailing Defendant
    An attorney's fees award to prevailing defendants under 42 U.S.C. 1988 is relatively uncommon, at least more uncommon than fee awards to prevailing plaintiffs.  But this week in Carter v. Inc. Village of Ocean Beach, the Second Circuit…
  • Jul 21

    Vermont Supreme Court Makes Radical Change to Premises Liability Law

    Vermont Supreme Court Makes Radical Change to Premises Liability Law
    In a significant decision issued on Friday, July 18, 2014, involving a retail store, the Vermont Supreme Court has abolished the old premises liability distinction between “business invitees” (i.e., customers) and licensees (other…
Rank this Week: 264

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • Jun 24

    What Notice Is Required When a Summary-Judgment Hearing Is Re-set?

    What Notice Is Required When a Summary-Judgment Hearing Is Re-set?
    Texas litigators are generally familiar with the TRCP 166a requirement that a motion for summary judgment be served at least 21 days before the date specified for a hearing. But what notice is required when the hearing does not go forward on…
  • Jun 18

    Registration Open for 28th Annual Advanced Civil Appellate Practice Course

    Registration Open for 28th Annual Advanced Civil Appellate Practice Course
    The State Bar Appellate Section and Texas Bar CLE are co-sponsoring the 28th Annual Advanced Civil Appellate Practice Course, which will take place September 4-5, 2014 here in Austin.  Related events are the popular…
  • May 30

    State Bar Appellate Section Launches Redesigned Website

    State Bar Appellate Section Launches Redesigned Website
    As co-chair of the State Bar of Texas Appellate Section’s Website Committee, I am pleased to share that the Section’s completely revamped website is now live at www.tex-app.org. The redesigned site allows visitors easy access to…
Rank this Week: 223

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Jul 28

    Lawsuit Against Agent for Inadequate Insurance Limit

    Lawsuit Against Agent for Inadequate Insurance Limit
     The case of Barrick v. State Farm Mut. Auto. Ins. Co. and Jones, No. M2013-01773-COA-R3-CV (Tenn. Ct. App. June 27, 2014) first begins in 2008, when the Barrick family was sued after their minor son accidentally killed a motorcyclist in…
  • Jul 25

    Truck Driver Left Vehicle and Loses Protection Under UM Coverage

    Truck Driver Left Vehicle and Loses Protection Under UM Coverage
     An over-the-road truck driver parked his truck on the shoulder of a road, got out, walked across a five-lane highway to a convenience store, purchased a soft drink and chewing tobacco, walked back across the highway towards his truck,…
  • Jul 23

    Tennessee Insurance Coverage Decision

    Tennessee Insurance Coverage Decision
     In Cleveland Custom Stone v. Acuity Mutual Insurance Company, No. E2013-02132-COA-R3-CV (June 10, 2014), the Tennessee Court of Appeals considered a myriad of issues in a case concerning an insurance company’s failure to pay…
Rank this Week: 377

White Collar Defense and…

White Collar Defense and Compliance

Covers developments in criminal law, federal case law, and statutes. Published by Alan Leibman of Fox Rothschild.

http://whitecollarcrime.foxrothschild.com/
Rank this Week: 364

Beyond Structured Settlements

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/
  • Jul 23

    Single-Claimant QSFs Revisited

    Single-Claimant QSFs Revisited
    Single-claimant qualified settlement funds (SCQSFs) represent one of the two most politically divisive issues within the structured settlement industry - with the National Structured Settlement Trade Association (NSSTA) opposing and the…
  • Jul 18

    Government Medicaid Report

    Government Medicaid Report
    Despite continuing evidence and predictions of expanded enrollment for private health insurance pursuant to the Patient Protection and Affordable Care Act (ACA), Medicaid planning, especially for long-term care costs, continues to represent a…
  • Jul 1

    ACA and Future Medical Expenses - 3

    ACA and Future Medical Expenses - 3
    Is the Affordable Care Act (ACA) good or bad for structured settlements? What impact will it have on settlement planning in personal injury cases? Four years following its enactment, and two years after the U.S. Supreme Court upheld its…
Rank this Week: 337

Chicago Trial Attorney Blog

Chicago Trial Attorney Blog

Covers business, contracts, and nursing home negligence litigation. By Philip J. Berenz.

http://www.counseloroffices.net/
Rank this Week: 379

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: 303

Law Rules

Law Rules

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

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

    How does a mediator spell success?

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

    Practice!

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

    Fly on the wall

    Fly on the wall
    How many times have you finished a negotiation and wondered how much more you could have gotten the other participant to agree to? Have you ever wished you could have been a fly on the wall in the other side’s conference room? My…
Rank this Week: 291

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: 296

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Jul 29

    Annals of Oil and Gas: "Free of All Costs and Expenses" Clause in Lease Applies If No Costs Exist

    Annals of Oil and Gas: "Free of All Costs and Expenses" Clause in Lease Applies If No Costs Exist
    Big victory for big oil . . . and big gas The Fifth Circuit handed a large win today to oil and gas lessees in the Lone Star State. The key part of the lease in question provided (with our...
  • Jul 27

    Firms Can Hide Routine Probe Details by Using Lawyers, D.C. Circuit Hold

    Firms Can Hide Routine Probe Details by Using Lawyers, D.C. Circuit Hold
    A happy outcome for counsel All you in-house lawyers out there might want to raise a hearty cheer for the D.C. Circuit. Outside counsel may want to clap also. For a panel of the appeals court held in In re...
  • Jul 16

    Ignoring Judges' Advice

    Ignoring Judges' Advice
    CLE Panels of Judges Have you noticed how many continuing legal education programs feature "judges panels" and urge you to attend so their honors can instruct you in how to win your next case? A blurb about an upcoming…
Rank this Week: 464

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/
  • Jul 29

    Meaning, Intention, and Mental State

    Meaning, Intention, and Mental State
    Lawrence B. Solum, Artificial Meaning, 89 Wash. L. Rev. 69 (2014), available at SSRN.Barbara LevenbookThis is a provocative and important essay that has implications Solum doesn’t spell out for some positions on meaning, communication,…
  • Jul 28

    From Crowd-Sourcing to Crowd-Enforcing: An Empirical analysis of Threadless’s Community IP Norm

    From Crowd-Sourcing to Crowd-Enforcing: An Empirical analysis of Threadless’s Community IP Norm
    Julia Bauer, Nikolaus Franke & Philipp Tuertscher, The Seven IP Commandments of a Crowdsourcing Community: How Self-Organized Norms-Based IP Systems Overcome Imitation Problems (forthcoming 2014).Jason SchultzEmpirical studies…
  • Jul 25

    Recognition Without Consent

    Recognition Without Consent
    Erez Aloni, Deprivative Recognition, 61 UCLA L. Rev. 1276 (2014).Carlos BallRelationship recognition has been at the center of reform efforts in family law for the last two decades. Scholars and advocates alike have focused intently on…
Rank this Week: 480

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 499

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Jul 28

    Applying The Emergency Category of Nontestimonial Statement

    Applying The Emergency Category of Nontestimonial Statement
    NinthCircuitSeal.png In hostage taking case, Ninth Circuit affirms the admission of the mother's report to law enforcement concerning he call with the captors, who demanded money for her son's return; the statements were…
  • Jul 24

    Circuit Split: Scope Of Rule Of Completeness Under To Oral Statement

    Circuit Split: Scope Of Rule Of Completeness Under To Oral Statement
    Circuits Map.gif While it is clear that the Rule of Completeness under FRE 106 applies to written and recorded statements, does it apply to oral statements? The Ninth Circuit recently noted a division on this issue;…
  • Jul 22

    Considering False Statements And The Hearsay Rule

    Considering False Statements And The Hearsay Rule
    SeventhCircuitSeal.png In bribery prosecution, Seventh Circuit considered the admissibility of false statements made by one of the participants to the FBI and concludes that the statements were not inadmissible hearsay…
Rank this Week: 401

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/
  • 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…
  • Jun 10

    Carmelite Chambers International Fraud & Asset Recovery Conference

    Carmelite Chambers International Fraud & Asset Recovery Conference
    I will present my program “The Ins & Outs Of Recovering Assets Via Whistleblowers & Other Tipsters” in London at 11:40 AM June 23, 2014, during the Carmelite Chambers International Fraud & Asset Recovery…
Rank this Week: 461

ClassActionBlawg.com

ClassActionBlawg.com

Features class action news, commentary, and analysis. By Paul Karlsgodt.

http://classactionblawg.com
Rank this Week: 515

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: 438

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…
  • Jul 28

    Albert J. Carroll Joins Morris James’ Business Litigation Practice

    Albert J. Carroll Joins Morris James’ Business Litigation Practice
    Morris James has announced that Albert J. Carroll has joined the Firm’s Business Litigation Group as an associate in its Wilmington office. His practice will focus on Corporate and Commercial Litigation. “Albert’s experience…
Rank this Week: 735

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
Rank this Week: 723

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: 784

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 618

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 650

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Jul 28

    Please Stop Calling Amazon A Monopoly

    Please Stop Calling Amazon A Monopoly
    © Max Kennerly. The original for this post is Please Stop Calling Amazon A Monopoly at Litigation & Trial Lawyer Blog.  I read a lot of book-related publications and blogs, and thus I have endured weeks of Hachette-versus-Amazon…
  • Jul 22

    Daubert Doesn’t Ask Judges To Become Experts On Statistic

    Daubert Doesn’t Ask Judges To Become Experts On Statistic
    © Max Kennerly. The original for this post is Daubert Doesn’t Ask Judges To Become Experts On Statistics at Litigation & Trial Lawyer Blog.Back in 2012, I wrote: “Scientific evidence is one of those rare areas of law upon…
  • Jul 11

    This Is Rice: How To Get Better At The Practice Of Law

    This Is Rice: How To Get Better At The Practice Of Law
    © Max Kennerly. The original for this post is This Is Rice: How To Get Better At The Practice Of Law at Litigation & Trial Lawyer Blog.  This month the Smithsonian has long profile on Anthony Bourdain that ends with, “What…
Rank this Week: 816

Resolving Discovery Disputes

Resolving Discovery Disputes

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

http://www.resolvingdiscoverydisputes.com/
  • Jul 23

    Discovery Plan Part 4 — The Year Before Trial

    Discovery Plan Part 4 — The Year Before Trial
    Somewhere in the back of your mind you are aware that discovery and Motions for Summary Judgment deadlines are looming. Yet, you really don’t pay attention to them until they are upon us usually around day 45 when you start trying to…
  • Apr 4

    The Discovery Act Applies In Family Law

    The Discovery Act Applies In Family Law
    As a discovery referee in family law matters, I often come upon issues where opposing counsel does not think the Discovery Act applies to their proceeding. They argue that it is not necessary to make a diligent search and a reasonable inquiry…
  • Mar 5

    Is It Time to Appoint a Discovery Referee?

    Is It Time to Appoint a Discovery Referee?
    Last November I received the following e-mail: Since courts are so overwhelmed and setting dates for hearing is now running 6 months or longer, how does one do motions to compel further responses to interrogatories in a meaningful way? I…
Rank this Week: 819

The Conference Room--Answers to…

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

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

http://nclawyer.typepad.com/north_carolina_civil_litg/
  • Jul 18

    Courts curb power of HOAs to amend Declaration

    Courts curb power of HOAs to amend Declaration
    I’ve written before about amending the Declarations for a homeowner association. A new case handed down this month by the North Carolina Court of Appeals could make it harder for an HOA to amend the Declarations to their liking. The...
  • Jul 10

    I have a list!

    I have a list!
    One of the more frustrating things a homeowner association board deals with is unpaid assessments. I’ve written before about how the fees and costs of collecting a valid assessment can greatly exceed the amount of the assessment.…
  • Jun 3

    Did I eat that?

    Did I eat that?
    Occasionally I will get a phone call from a person looking to see if they have a lawsuit for something in their food. I've had people complain about bugs, wood, glass, bone, plastic and other more gruesome things. One locally...
Rank this Week: 641

Texas Causes of Action Blawg

Texas Causes of Action Blawg

Features caselaw updates and cites on causes of actions and affirmative defenses culled from Texas appeals court opinions. By Wolfgang Demino.

http://causeofactionelements.blogspot.com/
  • Jul 8

    Federal civil rights violations and statute of limitation

    Federal civil rights violations and statute of limitation
    What is the limitations period for Section 1983 and 1985 claims?  "Although there is no federal statute of limitations for civil rights violations alleged under [section] 1983, `courts construing [section] 1983 "borrow" the forum state's…
  • May 2

    Prevailing party status for attorney fee award purpose

    Prevailing party status for attorney fee award purpose
    WHEN IS A PARTY A PREVAILING PARTY SO AS TO BE ENTITLED TO HAVE THE OPPONENT PAY HIS OR HER ATTORNEY'S FEES UNDER STATUTE OR CONTRACT?  Under the American Rule, attorney's fees are recoverable only if authorized by statute or by…
  • May 1

    Rule 11 Agreement must be in writing and filed with the court

    Rule 11 Agreement must be in writing and filed with the court
    WHAT REQUIREMENTS DOES RULE 11 AGREEMENT HAVE TO SATISFY TO BE ENFORCEABLE? A Rule 11 agreement must be in writing and signed and filed with the court unless it is made in open court. See TEX.R.CIV.P. 11. The filing requirement creates the…
Rank this Week: 736

Trial Ad Notes

Trial Ad Notes

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

http://trialadnotes.blogspot.com/
  • Jun 20

    Ethics of Advising Marijuana Users and Businesse

    Ethics of Advising Marijuana Users and Businesse
    Under RPC 1.2(d), a "lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal . . ."  Does this cover lawyers advising clients under Washington's new marijuana law, when possession is…
  • May 21

    Perceptions of Justice—Olympia, June 9

    Perceptions of Justice—Olympia, June 9
    The Washington State Minority and Justice Commission presents a half-day program, Perceptions of Justice, reviewing a report on Washingtonians' perceptions of how they are treated by the police and the courts.June 9, 2014, 8:45 a.m.-noonOB2…
  • May 21

    Adolescent Brain Development & Juvenile Justice

    Adolescent Brain Development & Juvenile Justice
    The Washington Supreme Court hosted "Looking to the Future: Adolescent Brain Development and the Juvenile Justice System" May 20, 2014. The symposium materials are here.
Rank this Week: 679

e-discovery 2.0

e-discovery 2.0

Covers electronic discovery. By Aaref Hilaly.

http://www.clearwellsystems.com/e-discovery-blog
  • Jun 4

    e-discovery 2.0 is moving

    e-discovery 2.0 is moving
    Dear Friends – The time has finally come for eDiscovery 2.0 to relocate to the Symantec eDiscovery Blog. We are excited to continue our long tradition of providing unbiased perspectives regarding cutting-edge eDiscovery and information…
  • Apr 25

    Preventing Data Breaches – Tips from the FTC on Fraud, Deception and Consumer Privacy

    Preventing Data Breaches – Tips from the FTC on Fraud, Deception and Consumer Privacy
      2013 was a rough year for organizations struggling to secure their data. According to the recently published Internet Security Threat Report       (ISTR),breaches increased 62% in 2013 and over 552 million…
  • Dec 20

    In Re: Biomet Order Addresses Hot Button Predictive Coding Issue

    In Re: Biomet Order Addresses Hot Button Predictive Coding Issue
    United States District Court Judge for the Northern District of Indiana, Ronald J. Miller, recently addressed what has arguably become the hottest predictive coding issue since Judge Andrew J. Peck’s February 2012 order in Da Silva…
Rank this Week: 576

Deliberations

Deliberations

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

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

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

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

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

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

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

    Now you see it, now you don’t: The shortcomings of eyewitness identification
    By Matthew Mangino United States Supreme Court Justice William J. Brennan Jr. wrote in a dissenting opinion more than thirty years ago, “There is almost nothing more convincing than a live human being who takes the stand, points a…
Rank this Week: 872

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: 671

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Jul 29

    U.S. Judge Gives Approval on Argentina Payment on Bond

    U.S. Judge Gives Approval on Argentina Payment on Bond
    A U.S. judge overseeing a high-profile suit which involves the defaulted Argentine debt has given a green light for the South American country to do a single-payment this week on bonds dictated by the Argentina’s law. Judge Griesa halted…
  • Jul 29

    Google “Glass” Trademark Freed from Hurdle

    Google “Glass” Trademark Freed from Hurdle
    Google’s struggle in registering the word “Glass” as a trademark for its pc-powered tech glasses seems to have cleared a huge hurdle. Google filed an application in the previous year on a trademark for its “Glass” word, which covers…
  • Jul 29

    Court of Appeals in Favor of Abortion Clinic in Mississippi

    Court of Appeals in Favor of Abortion Clinic in Mississippi
    A federal Court of Appeals recently declared unconstitutional a Mississippi law in which opponents can effectively shut down the state’s lone abortion clinic. In a 2 to 1 court ruling, the 5th U.S. Circuit Court of Appeals halted the state…
Rank this Week: 1716

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Jul 28

    2014 Guideline Hourly Rate

    2014 Guideline Hourly Rate
    The new Guideline Hourly Rates for 2014 have now been announced. The bad news for those hoping for an increase in the rates is that they remain the same as for 2010. The good news for those hoping for an increase in the rates is that they…
  • Jul 23

    Costs of applications in provisional assessment

    Costs of applications in provisional assessment
    CPR 47.15(5) states: “In proceedings which do not go beyond provisional assessment, the maximum amount the court will award to any party as costs of the assessment (other than the costs of drafting the bill of costs) is £1,500…
  • Jul 15

    Relief from sanctions – need for promptne

    Relief from sanctions – need for promptne
    The Court of Appeal advises that the guidance given in Mitchell “remains substantially sound”. In Mitchell the Court stated: “If [the breach] can properly be regarded as trivial, the court will usually grant relief provided…
Rank this Week: 1743