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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Sep 4

    Friday round-up

    Friday round-up
    Yesterday a federal district judge sent Kim Davis, a Kentucky county clerk, to jail after she continued to refuse to issue marriage licenses to same-sex couples even after the Supreme Court declined to stay the judge’s ruling…
  • Sep 3

    A new legal cloud over same-sex marriage in Kentucky?

    A new legal cloud over same-sex marriage in Kentucky?
    Five deputy county clerks in Rowan County, Kentucky — the scene of the first major courthouse battle over a conflict between the Supreme Court’s view on same-sex marriage and religious objections to it —  told a federal…
  • Sep 3

    Judges predict foes will win on birth control mandate

    Judges predict foes will win on birth control mandate
    Five federal judges, breaking ranks with a rising number of their colleagues on the federal courts of appeals, predicted on Thursday that the federal health care law’s birth-control mandate ultimately will fall, when tested in the…
Rank this Week: 10

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
Rank this Week: 46

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 60

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: 70

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 116

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Nov 14

    “A Question of Exceptional Importance”

    “A Question of Exceptional Importance”
    Update (November 14, 2014): Since my earlier post on Bruce Carneil Webster’s case, below (the death penalty case in which Dorsey & Whitney lawyers are fighting for Webster, a mentally retarded man on death row), Webster lost the…
  • Nov 13

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.
    Update (November 13, 2014): This endless case might be nearing its end, with the Minnesota Court of Appeals’ dramatic reduction in the trial court’s award of the victorious Plaintiff’s lawyers’ fees. We conclude…
  • Nov 12

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)
    Update (November 12, 2014): It seems with each filing (as described below) the news gets worse for defendant U.S. Sugar Company in this case, which appears to be about the defendant’s misfortune of buying sugar at historic high prices…
Rank this Week: 102

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Sep 3

    Proportionality and additional liabilitie

    Proportionality and additional liabilitie
    An interesting aside from Senior Costs Judge Master Gordon-Saker in BP v Cardiff & Vale University Local Health Board [2015] EWHC B13 when considering a case with a pre-1st April 2013 CFA where the new proportionality test applied to work…
  • Sep 2

    Costs management

    Costs management
    From the Association of Costs Lawyers’ Judicial Round Table on costs management earlier this year: Neil Rose: Has the SCCO seen any cases come through yet? SCJ Gordon-Saker: Not one, as far as I am aware…we are still in the…
  • Aug 25

    2015 Award for Most Bizarre Argument Advanced in Replie

    2015 Award for Most Bizarre Argument Advanced in Replie
    2015 Award for Most Bizarre Argument Advanced in Replies goes to the following included in reply arguing why costs were not disproportionate in matter which settled pre-trial for £2,500: “At the start of the claim, the Claimant…
Rank this Week: 165

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Sep 3

    Cropped Video Deemed Inadmissible Due to Rule of Completeness, Best Evidence & Chain of Custody Issue

    Cropped Video Deemed Inadmissible Due to Rule of Completeness, Best Evidence & Chain of Custody Issue
    There's an interesting case out of Arizona that ties directly into the subjects I'm covering both in Evidence class and on the Undisclosed Podcast. That case is State v. Steinle, 2015 WL 4497917 (Ariz.App. 2015). In Steinle, On December…
  • Sep 2

    More on Jay's Ride-Along Notes and The Mom Call

    More on Jay's Ride-Along Notes and The Mom Call
    On Monday's Addendum Episode, we talked about the notes from the ride-along that Jay did with detectives on March 18, 1999. Here are the notes in which Jay explains how he dropped Adnan off (late) for track practice on January...
  • Sep 1

    What Can the Video of Hae Min Lee's Sentra Tell Us About the Windshield Wiper Lever?

    What Can the Video of Hae Min Lee's Sentra Tell Us About the Windshield Wiper Lever?
    Today, Rabia Chaudry, Susan Simpson, and I appeared on The Docket with Seema Iyer. The full episode can be accessed by clicking on this link. Part of our discussion focused on the video taken of the "broken" windshield wiper…
Rank this Week: 167

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 2

    Internal Medicine Expert Witness Testimony Allowed in Malpractice Case

    Internal Medicine Expert Witness Testimony Allowed in Malpractice Case
    Expert witness in standard of care testimony was excluded by lower court based on qualifications.  The court of appeals confirmed this opinion, but overturned lower court opinion in substituting another expert. Facts: This case (Preston…
  • Aug 28

    Carcinogen Expert Testimony on Vinyl Chloride Excluded in Negligence Case, Says Seventh Circuit

    Carcinogen Expert Testimony on Vinyl Chloride Excluded in Negligence Case, Says Seventh Circuit
    Appeals court affirms opinion of district court that experts’ testimony was not scientifically reliable.  However, the court does set precedent on differential diagnoses to support general and specific causation. Facts: This case…
  • Aug 26

    Insurance Expert Testimony Partially Allowed in Coverage Dispute

    Insurance Expert Testimony Partially Allowed in Coverage Dispute
    Insurance expert’s testimony in breach of contract and bad faith action were partially allowed (based on industry customs and practice) and partially denied (based on pronouncements of law). Facts: This case (Gebremedhin et al v.…
Rank this Week: 158

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 31

    Part 3: An Asset Search Over Terrorism & Airbus Aircraft

    Part 3: An Asset Search Over Terrorism & Airbus Aircraft
    Part 1 &/or Part 2 of this post described recent efforts by the judgment creditors in Havlish v. bin Laden to collect on their judgment against Iran for more than $1.3 billion dollars.  The judgment creditors sought to attach monies…
  • Aug 24

    Part 2: An Asset Search Over Terrorism & Airbus Aircraft

    Part 2: An Asset Search Over Terrorism & Airbus Aircraft
    Part 1 of this post discussed the judgment creditors in Havlish v. bin Laden who are are trying to interdict assets owned by Iran.  Part 1 explained the judgment creditors sought to attach monies reportedly earmarked for the purchase of…
  • Aug 17

    Part 1: An Asset Search Over Terrorism & Airbus Aircraft

    Part 1: An Asset Search Over Terrorism & Airbus Aircraft
    The Court found Iran was behind the 9/11 terrorist attacks and Iran is therefore liable for the money damages set forth by the October 2012 Order issued at In Re Terrorist Attacks On September 11, 2001, U.S. District Court,…
Rank this Week: 149

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Aug 30

    Amarin v FDA: Are Judges Really Equipped To Resolve Scientific Disputes?

    Amarin v FDA: Are Judges Really Equipped To Resolve Scientific Disputes?
    August was a rough month for the Food and Drug Administration. On August 7, a federal judge in New York entered a preliminary injunction in Amarin Pharma, Inc.’s lawsuit against the FDA, holding that the FDA could not prevent a drug…
  • Aug 16

    The “Home Of The Throwed Rolls” — A New Hot Coffee Case?

    The “Home Of The Throwed Rolls” — A New Hot Coffee Case?
    Over at Lowering the Bar, Kevin Underhill reports on a lawsuit filed against Lambert’s Cafe in Sikeston, Missouri, a place known as the “home of the throwed rolls.” It seems a roll was “throwed” and a patron was…
  • Jul 27

    Why Does Georgia Hire LexisNexis To Summarize Its Laws?

    Why Does Georgia Hire LexisNexis To Summarize Its Laws?
    Via TechDirt, I learned that Carl Malamud, proprietor of Public.Resource.org, was sued last week by the State of Georgia for copyright infringement. Malamud is perhaps the leading advocate in the world for putting primary legal materials…
Rank this Week: 144

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/
Rank this Week: 185

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 4

    Court Cites (but Does Not Rely on) FRCP Form 7, Holds Diversity Allegations Sufficient

    Court Cites (but Does Not Rely on) FRCP Form 7, Holds Diversity Allegations Sufficient
    The Third Circuit has held that a plaintiff may survive a facial attack on diversity jurisdiction in a suit against an LLC without specifically alleging the state of citizenship of each member of the LLC. Lincoln Benefit Life Co. v....
  • Sep 3

    Free CLE for ABA Members: 2015-2016 Supreme Court Preview

    Free CLE for ABA Members: 2015-2016 Supreme Court Preview
    The next in the American Bar Association’s free Continuing Legal Education for its members will be a program entitled Supreme Court Preview: The 2015-2016 Term. The webinar will be on Monday, September 21, 2015, from 1:00 PM - 2:30 PM...
  • Sep 2

    Possible "Coming Liberal Disaster" on Class Actions, Too

    Possible "Coming Liberal Disaster" on Class Actions, Too
    Howard Bashman at How Appealing brought attention to a post by Jeffrey Toobin in The New Yorker about a possible upcoming “disaster” for liberals in the October 2015 term in the Supreme Court. Mr. Toobin included affirmative action,…
Rank this Week: 512

Alabama Litigation Review

Alabama Litigation Review

Covers business litigation, civil procedure, personal injury and punitive damages. By Jeff Blackwell.

http://www.alabamalitigationreview.com
  • Sep 4

    Will The Alabama Legislature Close The Courthouse Doors?

    Will The Alabama Legislature Close The Courthouse Doors?
    As the Alabama Legislature prepares to start a second special session aimed at passing a budget, our system of justice remains in balance. Over the last few years, our Courts have faced deep cuts. Yet, the men and women who run our…
  • Sep 1

    First Pradaxa. Then Xarelto. Now Eliquis?

    First Pradaxa. Then Xarelto. Now Eliquis?
    Will Eliquis join Pradaxa and Xarelto as another anti-coagulant drug facing claims of severe internal bleeding? Pradaxa was the first of these three new anti-coagulants (blood thinners). It hit the market in 2010. Sales quickly boomed.…
  • Aug 24

    The Forgotten Bargain That Was Our Workers’ Compensation System

    The Forgotten Bargain That Was Our Workers’ Compensation System
    A few years ago, The Center for Justice & Democracy (CJ&D) published a post titled Snapshot of Justice: The Failure of Workers’ Compensation. The post begins by stating — When a worker is hurt, workers’ compensation…
Rank this Week: 540

e-Lessons Learned

e-Lessons Learned

Covers e-discovery issues by focusing on mistakes made by counsel, employers and employees.

http://ellblog.com
  • Sep 4

    Clawing Back Digital Data is Risky Busine

    Clawing Back Digital Data is Risky Busine
    Why is clawing back digital data any more dangerous than clawing back physical documents?  Imagine making physical copies of one thousand documents.  That would take a long time, right?  Now, imagine making digital copies of…
  • Sep 2

    Spoliation By Plaintiff? Deleting Text Messages Can Result In Court Sanction

    Spoliation By Plaintiff? Deleting Text Messages Can Result In Court Sanction
    This case provides an important lesson for any person involved in a lawsuit involving text messages as evidence. Here, a group of employees was suing their employer for discrimination under Title VII. When the discovery process began, the…
  • Aug 31

    Changing Horses Midstream? Court Says “Yes” to plaintiff Switching From Manual Document Review to Predictive Coding

    Changing Horses Midstream? Court Says “Yes” to plaintiff Switching From Manual Document Review to Predictive Coding
    The court entered its usual case management order setting forth a timeline of how this case was going to proceed. One of the first phases of litigation is the discovery phase. This means that both sides get to ask each other for documents and…
Rank this Week: 465

Pendleton Judicial Training…

Pendleton Judicial Training Updates

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

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

    PRESS RELEASE – BEST LEGAL BLOG CONTEST FINALISTS

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

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

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

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

    FINAL REQUEST FOR HELP – FRIDAY IS THE LAST DAY TO NOMINATE THE BLOG
    Dear Friends and Loyal Readers of the Judicial Training & Education Blog, The deadline for nominating the Blog is this Friday, August 21. Acceptance into the competition depends on how many nominations each blog receives. I’ve been…
Rank this Week: 403

A Winning Tip

A Winning Tip

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

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

    Answer a Primordial Question for the Jurors: Who?

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

    How to Create a Powerful, Persuasive Chart: KISS

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

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

    Explain "Why" to Make Your Case Matter to the Juror
    In a courtroom, it isn't necessarily the attorney with the best facts who wins, but the attorney who best explains the relevance of those facts both to the case and to the jurors.Certainly, you need solid evidence, but here we’re…
Rank this Week: 280

Litigation Consulting Report

Litigation Consulting Report

Covers trial presentation theory, trial graphics designs, trial technician recommendations and jury research methodologies. By A2L Consulting.

http://www.a2lc.com/blog/
  • Aug 31

    18 Ways in Which Trial Can Be Like a Family Beach Vacation

    18 Ways in Which Trial Can Be Like a Family Beach Vacation
      by Ken LopezFounder/CEOA2L Consulting Well, no one ever said a trial was like a day at the beach. Except that there are a lot of similarities, if you look hard enough. I'm just back from an annual two-week family vacation at the…
  • Aug 25

    Winning BEFORE Trial - Part 4 - Don't Overlook Visual Persuasion

    Winning BEFORE Trial - Part 4 - Don't Overlook Visual Persuasion
      by Ryan H. FlaxManaging Director, Litigation Consulting & General CounselA2L Consulting In our last post in this series, we explained why storytelling is the key to gaining and keeping the attention of any decision maker and thus…
  • Aug 20

    The Best Litigators Love Sales, Love Storytelling and Persuasion

    The Best Litigators Love Sales, Love Storytelling and Persuasion
      by Alex BrownDirector, OperationsA2L Consulting I hate selling. How many times do we hear this in our daily lives? Many of us have chosen our careers at least in part to avoid having to sell. I bet that many law students thought…
Rank this Week: 204

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: 337

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Aug 27

    Summary Judgment Vacated Because Depositions Were Improperly Limited

    Summary Judgment Vacated Because Depositions Were Improperly Limited
    In Evans v. Piedmont Natural Gas Co., Inc., No. M2014-01099-COA-R3-CV (Tenn. Ct. App. Aug. 18, 2015), plaintiff asserted claims for property damage caused when sewage flowed into his home in 2013 allegedly due to a damaged sewer line. The…
  • Aug 13

    Right of Non-Primary Residential Parent to Bring Claim for Child

    Right of Non-Primary Residential Parent to Bring Claim for Child
    The Court of Appeals recently addressed the issue of which claims a parent who is not the primary residential parent may bring when his or her child has been injured. In Neale B/N/F Russell v. United Way of Greater Kingsport, No.…
  • Aug 12

    Non-Suit Allowed to Cure Pre-Suit Notice Deficiencie

    Non-Suit Allowed to Cure Pre-Suit Notice Deficiencie
    In Phillips v. Casey, No. E2014-01563-COA-R9-CV (Tenn. Ct. App. July 21, 2015) plaintiff’s late husband was a patient of defendant doctor. Sometime in 2011 or 2012, defendant diagnosed husband with angioedema. Defendant also diagnosed…
Rank this Week: 439

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 27

    Non-Group Health Plan MMSEA Section 111 Reporting Update

    Non-Group Health Plan MMSEA Section 111 Reporting Update
    The Centers for Medicare and Medicaid Services (CMS) recently made several announcements regarding Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 reporting for Non-Group Health Plans (NGHPs). SECTION 111 NGHP TOWN HALL…
  • Jul 27

    Seventh Circuit Revives Consumer Class Action Relating to Neiman Marcus Data Breach

    Seventh Circuit Revives Consumer Class Action Relating to Neiman Marcus Data Breach
    On Monday July 20, 2015, the Seventh Circuit Court of Appeals weighed in on the hotly-contested issue of standing in data breach class action litigation. In so doing, the Court reversed the district court’s dismissal of a consumer class…
  • Jul 9

    What’s The Difference in Medical Malpractice Cases and Nursing Home/ALF Cases?

    What’s The Difference in Medical Malpractice Cases and Nursing Home/ALF Cases?
    In most states, the legal requirements a Plaintiff must meet to bring a medical malpractice claim are similar if not identical to what is required in order to bring a claim against a nursing home or assisted living facility.  One…
Rank this Week: 472

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/
  • Apr 13

    National Academies reports - Growth of Incarceration

    National Academies reports - Growth of Incarceration
    The Growth of Incarceration in the United States: Exploring Causes and Consequences (2014), packed with research and analysis from social scientists and policy experts, is available as a free PDF from the National Academies Press.This…
  • Apr 9

    Evidence-Based Practice in Criminal Defense

    Evidence-Based Practice in Criminal Defense
    This interesting paper was recently posted on SSRN:Jennifer E. Laurin, Gideon by the Numbers: The Emergence of Evidence-Based Practice in Indigent Defense,  Ohio State Journal of Criminal Law, Forthcoming 2015Abstract: A widespread…
  • Apr 3

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded
    Interesting case from New York: Joel Stashenko, Conviction Reversed as Expert Barred from Testifying, N.Y.L.J., April 3, 2015.The case is People v. McCullough, 11-01614 (N.Y. Sup. Ct., App. Div. March 27, 2015), link to court website
Rank this Week: 346

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/
  • Apr 1

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com
    Effective April 1, 2015, the Information Governance Engagement Area blog will no longer be updated on a regular basis.  New content ranging from news and events to opinions and assertions will now be available exclusively on the…
  • Mar 31

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix
    By John MartinDocuments in file shares, content management systems, and scanned archives are often described as “unstructured.” However, there is typically a high level of structure in and interconnectedness among those documents.…
  • Mar 30

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR
    By John TredennickTechnology assisted review has a transparency problem. Notwithstanding TAR’s proven savings in both time and review costs, many attorneys hesitate to use it because courts require “transparency” in the TAR…
Rank this Week: 379

Accessibility Defense

Accessibility Defense

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

http://accessdefense.com
  • Jan 19

    ADA compliance – half right is all wrong

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

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

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

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

    Reasonable accommodation under the ADA – what would you do for your mother?
    I wrote last week about the difficulty in determining just what the ADA requires in cases concerning physical accessibility. A recent decision from California shows how hard it can be to know what the “reasonable accommodation”…
Rank this Week: 393

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Sep 2

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)
    SecondCircuitMap.png In mortgage fraud prosecution, government provided oral notice of its intent to introduce self-authenticating business records but failed to provide written notice as required under FRE 902(11); Second…
  • Sep 1

    Celebrating Labor Day

    Celebrating Labor Day
    Flags.JPG The Federal Evidence Blog returns on Tuesday, September 2, 2014. Enjoy the Labor Day holiday. Labor Day is celebrated on the first Monday in September. See 5 U.S.C. § 6103 (federal holidays).
  • Aug 29

    Bursting The Mailbox Rule Presumption

    Bursting The Mailbox Rule Presumption
    Mailbox.jpg Third Circuit considers the operation of the mailbox rule presumption under FRE 301 and the circumstances in which the presumption may be rebutted; circuit distinguishes between strong and weak presumptions;…
Rank this Week: 457

An Appeal to Reason

An Appeal to Reason

Provides information and advice to trial attorneys from an appellate attorney. By Donna Bader.

http://www.anappealtoreason.com/
  • Aug 26

    Alzheimer Patient and her Husband are not liable for injuries inflicted on an in-home health care worker.

    Alzheimer Patient and her Husband are not liable for injuries inflicted on an in-home health care worker.
    In Gregory v. Cott, 2014 WL 3805478, the California Supreme Court was presented with the question of whether patients suffering from Alzheimer’s disease and their families are liable for the injuries they inflict on in-home health care…
  • Aug 12

    What is an arguable issue on appeal?

    What is an arguable issue on appeal?
     In People v. Hernandez (2014) ___, Cal.App.4th ___, Justice Rylaarsdam wrote the opinion in a criminal appeal in which the Court previously appointed counsel to represent the defendant.  The attorney filed…
  • Jul 31

    We may have a new California Supreme Court Justice

    We may have a new California Supreme Court Justice
    Governor Jerry Brown nominated a new Supreme Court justice to replace retiring Justice Marvin Baxter, who was one of the Court’s most conservative members.  The nominee is Mariano-Florentino Cuellar, a Mexican-born Stanford Law…
Rank this Week: 456

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: 377

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: 354

One World International Practice…

One World International Practice Blog

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

http://blog.internationalpractice.org/
Rank this Week: 237

Prove My Florida Case

Prove My Florida Case

Covers Florida appellate, evidentiary, and trial perspectives and issues. By David M. Adelstein.

http://www.provemyfloridacase.com
Rank this Week: 402

eDiscovery Daily Blog

eDiscovery Daily Blog

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

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

    Observations from ILTACON: eDiscovery Trend

    Observations from ILTACON: eDiscovery Trend
    Just flew back from ILTACON 2015 (and, boy are my arms tired!). Even though Caesars Palace is not pager friendly, it was a terrific venue for the show again (after having been held there two years ago). Between various meetings to pay the…
  • Sep 2

    Thursday’s ILTACON Sessions: eDiscovery Trend

    Thursday’s ILTACON Sessions: eDiscovery Trend
    As noted yesterday, Monday and Tuesday, the International Legal Technology Association (ILTA) annual educational conference of 2015 (now known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the…
  • Sep 1

    Wednesday’s ILTACON Sessions: eDiscovery Trend

    Wednesday’s ILTACON Sessions: eDiscovery Trend
    As noted yesterday and Monday, the International Legal Technology Association (ILTA) annual educational conference of 2015 (now known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the latest…
Rank this Week: 3242

Translation For Lawyers

Translation For Lawyers

Covers various topics related to language translation, interpretation, and culture in the Legal Sytem. By All Language Alliance, Inc.

http://www.translationforlawyers.com/
Rank this Week: 1521

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
Rank this Week: 4255

California Business Litigation…

California Business Litigation Blog

Covers a wide range of business litigation issues in the Southern California area. By Sylvester, Oppenheim, & Linde.

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

    Enjoy Labor Day!

    Enjoy Labor Day!
    Labor Day is upon us. Summer is unofficially over. Many kids have started school and the rest will start in a few days. About Labor Day Labor Day is always celebrated on the first Monday of September. Americans have been celebrating Labor…
  • Aug 27

    California Court of Appeals Awards Harassed City of Los Angeles Employee $3.2 Million

    California Court of Appeals Awards Harassed City of Los Angeles Employee $3.2 Million
    A California appellate court has ruled in favor of a white employee who suffered from discrimination by his Hispanic boss. The court ordered the City of Los Angeles to give James Duffy $3.2 million for the harassment he received from his…
  • Aug 19

    Des Moines School District Settles Former Superintendent Lawsuit

    Des Moines School District Settles Former Superintendent Lawsuit
    A lawsuit brought by a former superintendent against her school district has been settled. Nancy Sebring, who served as superintendent of Des Moines Public Schools, received a settlement from the district's insurer before the matter came…
Rank this Week: 800

The Finn Blog

The Finn Blog

Covers structured settlements and related products and services from the insurance and legal communities.

http://www.finnfinancialgroup.com/learn-more/blog/
  • Sep 3

    Structured Settlement Usage Improves in 2015

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

    Mastering Structured Settlement

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

    Structuring for Life (Insurance)

    Structuring for Life (Insurance)
    July 29, 2015 – Investors call it leverage. Taking (or borrowing) money from one source in an effort to multiply gains or address other financial objectives. Outside of the stock market, leverage need not be motivated by desire for…
Rank this Week: 1695

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: 2366

Illinois Lawyers Blog

Illinois Lawyers Blog

Covers admiralty and insurance law, and litigation. By Asperger Associates, LLC.

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

    Fraud: Conversion of Art by Dealer

    Fraud: Conversion of Art by Dealer
    Henry and Ann have something in common with art dealer Frederick:  They love art, and collect 19th and 20th century American painters.  They, and dozens of other collectors, entrusted pieces from their collections to a well-known…
  • Aug 13

    Underinsured Motorist Coverage Helps Fund Charitable Trust

    Underinsured Motorist Coverage Helps Fund Charitable Trust
    In a recent blog, we discussed the importance of protecting yourself and your family through uninsured motorist and underinsured motorist insurance coverage.  Uninsured motorist coverage provides compensation for injuries sustained in an…
  • Jul 28

    Product Liability

    Product Liability
    One of the reasons American products are consistently ranked among the best in the world in every category is America’s legal system –manufacturers know that, if their product fails to function properly and safely, they’ll…
Rank this Week: 2049

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

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

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

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

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

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

    Delaware Courts Increase Fee

    Delaware Courts Increase Fee
    The Delaware Courts announced that they will be implementing fee increases.  The increases, which become effective on September 1, 2015, are as follows: Supreme Court— Filing fee ($50 increase: $450 – $500)…
Rank this Week: 2209

Construction & Transition…

Construction & Transition Litigation Law Blog

Covers community associations, EIFS, construction litigation and construction news. By the Construction Litigation Group of Stark & Stark.

http://www.constructionlitigationlawblog.com/
Rank this Week: 2333

Law Offices of Joseph C. Markowitz

Law Offices of Joseph C. Markowitz

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

http://www.jcmarkowitz.com/
  • Sep 3

    Straight Outta Compton

    Straight Outta Compton
    Who would have thought that the new movie, Straight Outta Compton, in addition to its great story and great music, would also contain some great lessons about contract negotiation? The main lesson being about the dangers of creating a…
  • Jul 28

    Drafting demand letter

    Drafting demand letter
    One way to think of a demand letter is as an attempt to initiate an out-of-court resolution of a dispute. As such, it might be helpful to keep in mind that negotiated dispute resolution is usually most successful in an atmosphere of mutual…
  • Jul 7

    Rule 1

    Rule 1
    The reformers who drafted the Federal Rules of Civil Procedure in the 1930's thought that if we could only get rid of the complexities of ancient pleading practices, and liberalize discovery, cases could be fairly adjudicated on their merits…
Rank this Week: 3951

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

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

    Intoxicated Driver Gets Five Years While Victim is Paralyzed for Life

    Intoxicated Driver Gets Five Years While Victim is Paralyzed for Life
    Two years ago, a young woman was drunk when she entered an intersection of a one-way street, driving the wrong way. It was later determined that she was also under the influence of opiates and oxycodone at the time of the accident. Because of…
  • Sep 1

    Plaintiffs Replace Lost Income and Cover Living Expenses with Lawsuit Funding

    Plaintiffs Replace Lost Income and Cover Living Expenses with Lawsuit Funding
    After an auto accident when a person approaches an insurance company, he/she will often be faced with deny, delay, and defend tactics. Why do insurance companies do this? The insurance company will make excuses and confuse the claimant,…
  • Aug 31

    Get Positive Case Results with Lawsuit Funding

    Get Positive Case Results with Lawsuit Funding
    An auto accident left a professional mover out of work for months due to serious neck and back injuries. He filed a lawsuit against the negligent driver who crossed the median, slamming into his moving van, but the case took months to settle.…
Rank this Week: 1318

Litigation PostScript

Litigation PostScript

Provides information and practical tips on legal persuasion spanning pretrial and trial phases, for jury, bench and arbitration settings. By Persuasion Strategies.

http://www.litigationps.com/litigation_postscript_per/
  • Sep 3

    Learn From the Sea Change in Attitudes Towards Gays and Lesbian

    Learn From the Sea Change in Attitudes Towards Gays and Lesbian
    By Dr. Ken Broda-Bahm: What a difference a little bit of time can make. In 1996, same-sex marriage was more likely to be the punchline of a joke than a serious policy position, and support hovered at just 26 percent of the American public. By…
  • Aug 31

    Account for a Vanishing Attention Span

    Account for a Vanishing Attention Span
    By Dr. Ken Broda-Bahm: When it comes to memory and attention, goldfish get a bad rap. It is said that they can only keep a thought in their heads for such a short span that the little plastic castle must be a surprise every time they see it.…
  • Aug 27

    Don't Be Jeb: A "Low-Energy Person"

    Don't Be Jeb: A "Low-Energy Person"
    By Dr. Ken Broda-Bahm: Republican presidential candidate Donald Trump has picked his preferred insult for fellow GOP hopeful Jeb Bush. On at least six occasions over the past few days, the Donald has referred to the Jeb as a "low-energy…
Rank this Week: 4081

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 3

    Cree Lawfulness and Unlawfulne

    Cree Lawfulness and Unlawfulne
    Tracey Lindberg, Birdie (2015).Val NapoleonI have thought about Tracey Lindberg’s novel, Birdie every day since I read it.1 The novel is an irreverent, evocative, funny, and hard-hitting book that causes me to think and ask questions…
  • Sep 2

    The Case for Rate Regulation of Hospital Price

    The Case for Rate Regulation of Hospital Price
    Erin C. Fuse Brown, Resurrecting Healthcare Rate Regulation, 67 Hastings L. J. (forthcoming, 2015), available at SSRN.Jessica Lind MantelWith health spending in the U.S. outpacing both general inflation and spending by other developed…
  • Sep 1

    How Families Gain Recognition

    How Families Gain Recognition
    Elizabeth S. Scott & Robert E. Scott, From Contract to Status: Collaboration and the Evolution of Novel Family Relationships, 115 Colum. L. Rev. 293 (2015).Douglas NeJaimeFamily law scholarship features a significant amount of normative…
Rank this Week: 3320

Business Litigation Info

Business Litigation Info

Covers business litigation, intellectual property, data security, and advertising and media. By Faruki Ireland & Cox P.L.L.

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

    Recent Commentary on Cybersecurity by Ron Raether and Scot Ganow

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

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

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

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

    MICHIGAN STATE ORDERED TO DISCLOSE SUSPECT’S INFORMATION REDACTED FROM UNIVERSITY POLICE INCIDENT REPORTS
    Earlier this month, a Michigan Court of Appeals affirmed a trial court’s order that Michigan State disclose the names of suspects redacted from university police incident reports.   ESPN, Inc. v. Michigan State University, No.…
Rank this Week: 3520

Faruki, Ireland & Cox P.L.L.…

Faruki, Ireland & Cox P.L.L. Business Litigation Blog

Covers data security, intellectual property, advertising & media, and business litigation.

http://businesslitigationinfo.com
  • Sep 2

    Recent Commentary on Cybersecurity by Ron Raether and Scot Ganow

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

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

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

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

    MICHIGAN STATE ORDERED TO DISCLOSE SUSPECT’S INFORMATION REDACTED FROM UNIVERSITY POLICE INCIDENT REPORTS
    Earlier this month, a Michigan Court of Appeals affirmed a trial court’s order that Michigan State disclose the names of suspects redacted from university police incident reports.   ESPN, Inc. v. Michigan State University, No.…
Rank this Week: 2726