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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Sep 15

    Petition of the day

    Petition of the day
    The petition of the day is: Nebraska v. Mantich 13-1348 Issue: Whether Miller v. Alabama – which held that a state may not sentence a teenage murderer to life imprisonment without parole unless the state provides a process…
  • Sep 15

    Event announcement

    Event announcement
    On September 18, the Heritage Foundation will host a panel on recent developments in campaign finance litigation and campaign speech, featuring Floyd Abrams, Erin Murphy, Ronald Collins, and moderator Adam Liptak.  The event, which will…
  • Sep 15

    Monday round-up

    Monday round-up
    Briefly: The Georgetown University Law Center’s Supreme Court Institute has published its preview of cases on the Court’s docket for the upcoming Term. Chris Geidner of BuzzFeed reports on the execution last week of Earl Ringo, a…
Rank this Week: 13

Information Governance Engagement…

Information Governance Engagement Area

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

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

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

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

    New Survey Shows eDiscovery Workload, Predictive Coding Use Increasing

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

    Convincing Employees to Use New Technology

    Convincing Employees to Use New Technology
    By Didier BonnetAll of our companies are digital now – or quickly becoming that way. Almost any enterprise you can think of, no matter the industry or sector, is trying (or being pressured by competitors) to use new technology to…
Rank this Week: 52

ICT for Peacebuilding

ICT for Peacebuilding

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

http://ict4peace.wordpress.com
  • Sep 4

    Lankacorps Fellows 2014 presentation

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

    Lankacorps Fellows 2014 presentation

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

    Video of keynote: New media, peacebuilding and conflict transformation

    Video of keynote: New media, peacebuilding and conflict transformation
    I was invited to present a keynote address at the International Conference on “Communication, Conflicts and Peace Processes: Landscape of Knowledge from Asia and the Deep South of Thailand”, from 21 – 22 August in Pattani,…
Rank this Week: 66

Conflict of Laws .net

Conflict of Laws .net

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

http://conflictoflaws.net
  • Sep 15

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

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

    Yearbook of Private International Law, 2013-2014

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

    New Issue of Revue Hellénique de Droit International

    New Issue of Revue Hellénique de Droit International
    The new issue of Revue Hellénique de Droit International 2/2013 [Vol. 66] was published earlier this month. Table des matières Première Partie - Articles Dossier spécial La Proposition de Règlement…
Rank this Week: 70

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: 76

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Sep 15

    "Six justices defend rule banning partisan judicial endorsements"

    "Six justices defend rule banning partisan judicial endorsements"
    "Six justices defend rule banning partisan judicial endorsements": The Helena Independent Record has a news update that begins, "Six of the seven Montana Supreme Court justices have filed a friends-of-the-court brief asking a federal judge to…
  • Sep 15

    "Obama civil rights nominee withdraws"

    "Obama civil rights nominee withdraws"
    "Obama civil rights nominee withdraws": The Associated Press has this report.
  • Sep 15

    "Tenn. justices name Slatery as attorney general"

    "Tenn. justices name Slatery as attorney general"
    "Tenn. justices name Slatery as attorney general": The Associated Press has this report. According to the article, "Tennessee is the only state in the country where the high court names the attorney general."
Rank this Week: 107

Class Action Fairness Act Blog

Class Action Fairness Act Blog

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

http://www.cafalawblog.com/
  • Sep 12

    Defendants Concrete Evidence Defeats Remand

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

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

    District Courts Have Authority to Stay Remand Orders in Order to Facilitate Appeal
    Raskas v. Johnson & Johnson, 2013 WL 1818133 (E.D. Mo. April 29, 2013). In this action, a District Court in Missouri held that it had authority to stay its own remand order.  The plaintiffs brought an action under the Missouri…
  • Sep 8

    A Removing Party Should Identify Statutes That Permit Attorney’s Fee

    A Removing Party Should Identify Statutes That Permit Attorney’s Fee
    Otay Hydraulics, Inc. v. Safety-Kleen Systems, Inc., 2013 WL 1773955 (C.D. Cal. April 25, 2013). In this matter, the plaintiff brought an action in the Los Angeles County Superior Court alleging that the defendant breached contracts with its…
Rank this Week: 99

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Sep 15

    Hope and change?

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

    Does Your Livelihood Have Any Meaning or Redeeming Social Value?

    Does Your Livelihood Have Any Meaning or Redeeming Social Value?
    Update (September 15, 2014): I hope the “subject line” is an exception to Betteridge’s law. We all have to be our own judges on that. The lawsuit, discussed below in April, 2013, celebrated its second…
  • Sep 12

    Judicial Seats on the Ballot — And What Attorneys Should Do

    Judicial Seats on the Ballot — And What Attorneys Should Do
    Judicial seats are on the ballot again this year. And that means voters will be looking for information about candidates. Information is usually hard to come by for judicial races.  Especially meaningful information. Judicial plebiscites…
Rank this Week: 126

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Sep 15

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

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

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

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

    Tennessee Tort Buffet

    Tennessee Tort Buffet
    The  recent Tennessee Court of Appeals opinion n Davis v. Covenant Presbyterian Church discussed a host of issues. What is Required to Properly Allege Vicarious Liability? The Court of Appeals affirmed dismissal of vicarious liability…
Rank this Week: 141

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 150

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Sep 15

    “Smart people ask for (my) advice!”

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

    The Fear of Missing Out (FoMO) Scale

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

    “The iPhone Effect”: Can you say polyconsciousness?

    “The iPhone Effect”: Can you say polyconsciousness?
    We know smartphones can be really annoying when they distract our lunch or meeting companions from our scintillating repartee. There is even recent (2013) research showing women are twice as likely to be annoyed by smart phone interruptions…
Rank this Week: 158

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 12

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

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

    Third Circuit Oral Argument Held in GlaxoSmithKline Diversity Case

    Third Circuit Oral Argument Held in GlaxoSmithKline Diversity Case
    We've been following GlaxoSmithKline's re-removal, more than 12 months after filing, of several personal injury cases after the Third Circuit held that a ten-by-ten foot subleased office made Delaware the principal place of business of a…
  • Sep 11

    "Corporate and Defense Perspective" Prevails in the Proposed Step Toward Cost-Shifting in Rule 26(c)

    "Corporate and Defense Perspective" Prevails in the Proposed Step Toward Cost-Shifting in Rule 26(c)
    With the proposed amendment to Rule 26(c), the Advisory Committee is taking another step down the road to perhaps the biggest prize for large institutional defendants: shifting to plaintiffs the defendants' cost of responding to discovery.…
Rank this Week: 189

Asset Search Blog

Asset Search Blog

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

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

    Recovering Assets By Identifying & Immobilizing Them

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

    Recovering Illicit Assets Via Switzerland’s Mutual Legal Assistance Unit

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

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

    Divorce & Hidden Money: Four Methods Spouses Sometimes Use To Conceal Asset
    This is the eighth post in the “Divorce & Hidden Money” series.  Like “Four Asset Concealment Tools” and “Four Ways Assets Can Be Secretly Transferred”, the post reveals methods a spouse may use to…
Rank this Week: 199

Appellate Law & Practice

Appellate Law & Practice

Covers appellate law and advocacy.

http://appellate.typepad.com/appellate/
  • Dec 10

    Giving it up.

    Giving it up.
     I am going to be discontinuing my participation in this blog in the next week or so.  If you want someone to blame, blame 1) non-lawyers; 2) furries; and 3) the victims rights/tort reform industry. 
  • Dec 8

    CA1: large law firm loses case on behalf of client

    CA1: large law firm loses case on behalf of client
     US Securities & Exch v. Tambone, No. 07-1384. This is a close case. On the one hand, the government is bringing an enforcement action regarding misleading prospectuses to sell mutual funds. On the other hand, the defendants are represented…
  • Dec 8

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

    CA1: It’s official. Everything is mail fraud.
    US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, “mail fraud”). The first says that pretty…
Rank this Week: 194

Expert Witness Blog

Expert Witness Blog

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

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

    Cross-examining the Expert Witness by Dean Brett Part 1

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

    Pathology Expert Witness On Learning From Other Expert

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

    Security Management Expert Witness On Hospital Security Program

    Security Management Expert Witness On Hospital Security Program
    In Sustaining Hospital Security Programs in an Environment of Decreasing Reimbursables & Increasing Demand for Services, security management expert witness William H. Nesbitt, CPP, writes that “many hospitals are facing a decrease…
Rank this Week: 216

Structured Settlements 4Real

Structured Settlements 4Real

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

http://structuredsettlements.typepad.com/structured_settlements_4r/
Rank this Week: 252

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: 254

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: 206

Electronic Discovery and Evidence

Electronic Discovery and Evidence

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

http://arkfeld.blogs.com/ede/
Rank this Week: 239

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
Rank this Week: 317

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Sep 15

    Death Toll on Defective GM Ignition Switch Now at 19

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

    AIG Bailout Trial May Carry Insurer Risk

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

    Prosecutors Charge Several Operators on $500M Laundering Case

    Prosecutors Charge Several Operators on $500M Laundering Case
    Federal prosecutors have charged several individuals running an offshore laundering scheme that claimed to have let clients manage stocks, avoid paying taxes, and laundering millions of dollars. A recent indictment revealed in a Brooklyn…
Rank this Week: 560

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

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

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

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

    Lawyers Shouldn’t File Stuff Like Thi

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

    After 40 Years, Lawyer Forgets How to Act in Court

    After 40 Years, Lawyer Forgets How to Act in Court
    NMissCommentor had this post yesterday about a 5th Circuit oral argument gone bad for Louisiana lawyer Daniel Broussard. Broussard, who says he’s been doing it for forty years, first interrupted Judge Grady Jolly and then proceeded to…
Rank this Week: 489

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 15

    Just the Beginning: Studying the Global Demography of Lawyer

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

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

    Bodies on the Line: The Private Tragedies Underlying Modern Products Liability Law
    Barbara Young Welke, The Cowboy Suit Tragedy: Spreading Risk, Owning Hazard in the Modern American Consumer Economy, 101 J. of Am. Hist. 97 (2014).Karen Tani“Legal interpretation,” Robert Cover famously wrote, “takes place…
  • Sep 10

    International Law and Dworkin’s Legal Monism

    International Law and Dworkin’s Legal Monism
    Ronald Dworkin, A New Philosophy for International Law, 41 Phil. & Pub. Aff. 2 (2013).Michael GreenThat Dworkin waited until the very end of his career to take on international law might seem strange. One of Dworkin’s great…
Rank this Week: 458

eDiscovery Daily Blog

eDiscovery Daily Blog

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

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

Litigation and Trial

Litigation and Trial

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

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

    To Practice Law Is To Be Afraid

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

    MedPage Today Parrots Drug Company Marketing As “Medical News”

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

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

    What If Liebeck v. McDonald’s Was Just Another Case?
    © Max Kennerly. The original for this post is What If Liebeck v. McDonald’s Was Just Another Case? at Litigation & Trial Lawyer Blog.This week marks the 20th anniversary of the verdict in the Stella Liebeck…
Rank this Week: 413

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: 449

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

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

    Not Everybody Needs A Trust

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

    Power Of Attorney Not Always Easy To Use

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

    Anna Nicole Smith Estate (Finally) Out Of Court

    Anna Nicole Smith Estate (Finally) Out Of Court
    The ABA Journal reports on the final failure of the Estate of Anna Nicole Smith to recover  hundreds of millions of dollars from the estate of her late husband J. Howard Marshall. Marshall, a Texas oil billionaire died at 89, a year…
Rank this Week: 963

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

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

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

    Reasons to Apply for Lawsuit Funding Outweigh Accepting a Low Settlement Offer
    There are three main reasons why seriously injured victims file lawsuits - ethical and moral principal; help ensure the same negligence won't happen to someone else; to be financially compensated for damages incurred. There are also many…
  • Sep 15

    Pre-Settlement Lawsuit Funding May Help Leg Amputation Victim Fight for Justice

    Pre-Settlement Lawsuit Funding May Help Leg Amputation Victim Fight for Justice
    A West Virginia woman filed a medical malpractice lawsuit claiming doctor negligence for failure to accurately diagnose, care, advise, and observe her medical condition. The woman went to the ER complaining of pain and swelling in her lower…
  • Sep 11

    Litigation Funding: A Short-Term Cash Flow Solution for Plaintiff

    Litigation Funding: A Short-Term Cash Flow Solution for Plaintiff
    Every day, workers at industrial workplaces and construction sites are injured or die, often as the result of falling due to inadequate precautions set up by the employer, and sometimes resulting from a negligent design of construction…
Rank this Week: 583

Southern California Appellate News

Southern California Appellate News

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

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

    Court of Appeal Analysis of Supreme Court reversal

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

    New Calif. Appeal Bond Rules Correct Outdated Proce

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

    Supremes Theatrical performance a hit!

    Supremes Theatrical performance a hit!
    Who's got acting chops? Our Justices do!On Friday morning at the State Bar Annual Meeting the Chief and Justices Baxter, Chin, Corrigan and Liu (joined by State Bar CEO Joe Dunn, ND Cal Judge Larry Burns, and "author" Richard Rahm) presented…
Rank this Week: 737

Louisiana Law Blog

Louisiana Law Blog

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

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

    Louisiana Second Circuit Holds that Routine Nonsurgical Medical Treatment Does Not Require Compliance with the Louisiana Uniform Consent Law

    Louisiana Second Circuit Holds that Routine Nonsurgical Medical Treatment Does Not Require Compliance with the Louisiana Uniform Consent Law
    By Karen M. Fontana William McDougald et al. v. St. Francis North Hospital Inc. No. 48,955 (La. App. 2nd Cir. April 9, 2014) 137 So.3d 1233 writ denied 2014-0815 (La. 6/3/14), 140 So.3d 1191. In this medical malpractice wrongful death action,…
  • Aug 28

    Electing Portability – It’s Not Too Late to File

    Electing Portability – It’s Not Too Late to File
    By Wendy B. Horton The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 was signed into law on December 17, 2010, and included a key provision – providing for “portability” between spouses of…
  • Aug 25

    Protection of Trademarks from Cybersquatter

    Protection of Trademarks from Cybersquatter
    By Bill Caughman In 1999, the Internet Corporation for Assigned Names and Numbers (“ICANN”) adopted the Uniform Domain-Name Dispute-Resolution Policy (UDRP) which established a system for dispute resolution between owners of…
Rank this Week: 672

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Sep 15

    The Big Flip

    The Big Flip
    Party flip in the federal courts Since the inauguration of Barack Obama in January 2009, eight U.S. courts of appeals have flipped parties, The New York Times reported. Now nine of the 13 federal appeals courts -- almost 70 percent...
  • Sep 7

    Federal Circuit Forecloses Online-Guaranty Patent

    Federal Circuit Forecloses Online-Guaranty Patent
    Abstract ideas Section 101 of the Patent Act allows patents on "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof". 35 U.S.C. 101. But, the Supreme Court has held,…
  • Sep 6

    Quote of the Day: H. L. Mencken

    Quote of the Day: H. L. Mencken
    Explanations exist; they have existed for all time; there is always a well-known solution to every human problem -- neat, plausible, and wrong. H. L. Mencken, Prejudices: Second Series 158 (1920).
Rank this Week: 854

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 15

    Flip the Order of Your Adverse Witness Preparation

    Flip the Order of Your Adverse Witness Preparation
    By Dr. Ken Broda-Bahm: Let’s say that in trial, your witness will be called adverse and will go through the other side’s cross-examination before getting a chance at your direct.[1] But in your preparation sessions, you should still take…
  • Sep 11

    Get It in Writing: Seven Reasons for a Jury Questionnaire (And Three Things That Kill It's Usefulness)

    Get It in Writing: Seven Reasons for a Jury Questionnaire (And Three Things That Kill It's Usefulness)
    By Dr. Ken Broda-Bahm: A recent piece in The New York Times focuses on the increasing prevalence of longer questionnaires for those called in for jury duty. While such questionnaires tend to attract media attention in high-profile cases, the…
  • Sep 8

    Go Ahead and Pace

    Go Ahead and Pace
    By Dr. Ken Broda-Bahm: When I’m in my office and on a client call where I’m expected to contribute creative thoughts, I will frequently close the door, put the telephone headset on, and pace circles around my office. And when I’m…
Rank this Week: 671

E-Discovery Beat

E-Discovery Beat

Covers electronic discovery. By Exterro.

http://www.exterro.com/e-discovery-beat/
  • Sep 15

    Exterro’s inFusion Conference to Highlight Transformed E-Discovery Landscape

    Exterro’s inFusion Conference to Highlight Transformed E-Discovery Landscape
    By: Andrew Bartholomew Corporate e-discovery practitioners are assembling in Portland this week for Exterro’s fifth-annual inFusion ’14 user conference. The event comprises three days of educational sessions, Exterro product…
  • Sep 10

    Leveraging Your Information Assets for E-Discovery

    Leveraging Your Information Assets for E-Discovery
    By: Andrew Bartholomew E-Discovery processes are both dependent on and supported by electronic information and data from a variety of sources throughout the enterprise. Over-reliance on manual data handoffs and poor communication between…
  • Sep 8

    2014 Shaping Up to Be ‘Year of Technology’ in E-Discovery

    2014 Shaping Up to Be ‘Year of Technology’ in E-Discovery
    For folks hoping to stay on top of the latest case law and technology trends impacting e-discovery practices, Gibson Dunn’s “Mid-Year Electronic Discovery Update” has become a must-read. If the recently published 2014 report…
Rank this Week: 1022

Juries

Juries

Examines interesting and new developments regarding grand juries and trial juries. By Thaddeus Hoffmeister.

http://juries.blogspot.com/
Rank this Week: 750

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Sep 15

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

    UIM Household Exclusion Says What It Means and Means What It Say
    In Clarke v. MMG Ins. Co., No. 2937 EDA 2013, --- A.3d --- (Pa. Super. Sept. 4, 2014)(Panella, Lazarus, and Jenkins, JJ)(Op. by Jenkins, J.)(Panella, Dissenting), the Pennsylvania Superior Court overturned a trial court's reliance upon a…
  • Sep 14

    Top 10 Reasons To Register Now For Tort Talk Expo

    Top 10 Reasons To Register Now For Tort Talk Expo
    From the Home Office of Tort Talk, here are the Top 10 Reasons to REGISTER NOW for the September 26, 2014 Tort Talk Expo:10.  Because you need the CLE credits to keep your law license active (why else would anyone ever go to a…
  • Sep 12

    TORT TALK EXPO 2014 CLE SEMINAR/COCKTAIL RECEPTION AT MOHEGAN SUN CASINO TWO WEEKS AWAY: PLEASE REGISTER NOW

    TORT TALK EXPO 2014 CLE SEMINAR/COCKTAIL RECEPTION AT MOHEGAN SUN CASINO TWO WEEKS AWAY: PLEASE REGISTER NOW
    ONLY TWO WEEKS AWAY! September 26, 2014 TORT TALK EXPO 2014 Mohegan Sun Casino and HotelWilkes-Barre, PA (3 Substantive, 1 Ethics Credit)     TENTATIVE PROGRAM TO INCLUDE:  11:30 am -…
Rank this Week: 670

North Texas Legal News

North Texas Legal News

Covers Texas business law. By Leiza Dolghih.

http://northtexaslegalnews.com/
Rank this Week: 960

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/
Rank this Week: 1000

DRI Today

DRI Today

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

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

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

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

    Court Holds FedEx Drivers are Employees, Not Independent Contractor

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

    Lawyers Get Old Also

    Lawyers Get Old Also
    I had a very talented law partner who retired at age 64 to take an appointment by the Governor for a six-year term on the Public Service Commission.  He works just as hard as always, but for less money in government service.  When I…
Rank this Week: 578

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/
  • Sep 5

    Document Translation Services for International Estate Planning

    Document Translation Services for International Estate Planning
    We've blogged about certified legal document translation in the context of the US wills and international estate planning . If your client is a resident non-citizen, married to a non-citizen, or has property located in more than one country,…
  • Aug 13

    Brazilian Portuguese Translation Services and Setting Up a Foreign Brach in Brazil

    Brazilian Portuguese Translation Services and Setting Up a Foreign Brach in Brazil
    We've blogged about English into Brazilian Portuguese translation services in the context of exporting goods to South America. With a population of nearly 200 million and a sizeable middle class, the Brazilian market is an attractive option…
  • Jul 30

    Legal Translation Services for International Estate Planning

    Legal Translation Services for International Estate Planning
    We've blogged about the need for legal translation services in the context of real estate ownership in a foreign country. International estate planning for international clients residing in the US also generates a need for certified…
Rank this Week: 718

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/
  • Sep 2

    Potential "Game Changing" S2 PLR

    Potential "Game Changing" S2 PLR
    The Internal Revenue Service (IRS) has issued a Private Letter Ruling (PLR-143928-13) dated August 29, 2014 approving favorable tax treatment for a structured settlement annuity with annual payment adjustments based on the performance of the…
  • Aug 29

    Wendie Howland Interview - 3

    Wendie Howland Interview - 3
    In two prior S2KM blog posts (Part 1 and Part 2), Wendie A. Howland, MN, RN-BC, CRRN, CCM, CNLCP, LNCC, a nationally recognized life care planning expert, has helped to explain why life care planners increasingly impact multiple overlapping…
  • Aug 27

    Wendie Howland Interview - 2

    Wendie Howland Interview - 2
    The increasing number, importance and roles of life care planners represents a significant development impacting several overlapping markets including structured settlements, personal injury settlement planning, special needs planning, and…
Rank this Week: 941

The California Blog of Appeal

The California Blog of Appeal

Features an appellate practitioner's take on practice and legal developments in the California Courts of Appeal, the California Supreme Court and the Ninth Circuit Court of Appeals. By Greg May.

http://www.calblogofappeal.com
  • Aug 27

    How to make your mediation brief effective

    How to make your mediation brief effective
    There are some big differences between appellate mediation and mediation while your case is still pending in the trial court. But appellate and trial lawyers can both benefit from reading mediator Rande Sotomayor’s excellent article,…
  • Jul 28

    Opposing the pro se appellant

    Opposing the pro se appellant
    I think a lot of people might think that any time the appellant is a lay person representing himself (i.e., appearing “pro se”), the respondent has a pretty easy time of it. Is that the case? I was reminded of this issue by an…
  • Jul 2

    Doesn’t anybody read the rules?

    Doesn’t anybody read the rules?
    When is a brief written by a lay person likely to be of comparable quality to a brief written by lawyer for the other side in the same case? When both briefs stink: Brooks’s opening brief on appeal includes a statement of facts without…
Rank this Week: 741

the complex litigator

the complex litigator

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

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

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

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

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

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

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC
    Next up on the update list is Iskanian v. CLS Transportation Los Angeles LLC (June 23, 2014). In Iskanian, a limousine driver filed a class action lawsuit on behalf of himself and similarly situated employees for his employer’s alleged…
Rank this Week: 783

A Buffalo Lawyer

A Buffalo Lawyer

Random thoughts and helpful links and resources from Buffalo lawyer Jeremy Colby.

http://abuffalolawyer.blogspot.com/
Rank this Week: 580

Johnson & Hunter, Inc.

Johnson & Hunter, Inc.

Teaches advocacy and persuasion for trial lawyers and public speaking to corporate lawyers.

http://www.johnson-hunter.com/blog/
  • Jul 18

    Public Speaking or Reading Out Loud? Kenneth Feinberg, Michael Millikin, and Mary Barra, on the Hot Seat

    Public Speaking or Reading Out Loud? Kenneth Feinberg, Michael Millikin, and Mary Barra, on the Hot Seat
    by Marsha Hunter Who spoke persuasively at yesterday’s Senate hearings on the GM ignition switch scandal? There were plenty of lawyers in the room and on the hot seat, so you’d think the level of public speaking would be…
  • Jun 19

    Handwriting, Memory, and Horizontal Note

    Handwriting, Memory, and Horizontal Note
    by Brian K. Johnson Last fall Scientific American MIND magazine featured an article about handwriting and memory.It got me thinking about the value of carefully creating notes for public speaking with pen and paper “Minds encode the…
  • Jun 12

    The Music of Your Voice: Walking Down the Step

    The Music of Your Voice: Walking Down the Step
    by Brian K. Johnson “May it please the court?” Is it a question? Or is it a statement? “May it please the court.” Legal writing guru Brian Garner offered a helpful historical analysis of this introductory utterance in…
Rank this Week: 1005

Federal Criminal Lawyer Blog

Federal Criminal Lawyer Blog

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

http://www.georgiafederalcriminallawyerblog.com/
Rank this Week: 793