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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Jul 6

    Monday round-up

    Monday round-up
    End-of-Term overviews continue to pour in.  Adam Liptak discusses the Term in an interview on NPR’s Fresh Air, in which he notes that, although political scientists will say that the just-ended Term was a “liberal Term for…
  • Jul 4

    This week at the Court

    This week at the Court
    The Court is in summer recess.
  • Jul 3

    Friday round-up

    Friday round-up
    With the Court now in its summer recess, some coverage and commentary focus on overviews of the Term more generally.  NPR’s Nina Totenberg and this blog’s Tom Goldstein discuss the Term with Robert Siegel, while at the Los…
Rank this Week: 13

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
  • Jun 30

    Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2015: Abstract

    Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2015: Abstract
    The latest issue of the “Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)” features the following articles: Holger Jacobs, The necessity of choosing the law applicable to non-contractual claims in international…
  • Jun 28

    The Asian Market for Contract

    The Asian Market for Contract
    In continuation of my previous work on the international attractiveness of contract laws in ICC arbitration, I have posted the draft of a new empirical study focusing on Asia (The Laws of Asian International Business Transactions). It is…
  • Jun 25

    I have been asked by Giacomo Pailli,…

    I have been asked by Giacomo Pailli, Università degli Studi, Florence, to spread the word about this study on the service of documents. Good luck with it! The EU Commission has recently launched a European-wide study on the…
Rank this Week: 26

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: 41

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: 49

Expert Witness Blog

Expert Witness Blog

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

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

    Insurance Expert Witness On Excess Of Loss Coverage Part 1

    Insurance Expert Witness On Excess Of Loss Coverage Part 1
    What areas may insurance expert witnesses consult on? They may write reports, give deposition and testify on insurance regulations, insurance fraud, reinsurance, and more. In Excess Of Loss Coverage For Self Insurers: Is It Insurance Or…
  • Jun 26

    The Care and Feeding of Expert Witnesses Part 2

    The Care and Feeding of Expert Witnesses Part 2
    In The Care and Feeding of Expert Witnesses, John T. Bogart offers advice from the viewpoint of a reinsurance expert witness. Mr. Bogart has more than 34 years of insurance industry experience, ranging from liability underwriting to being the…
  • Jun 23

    Finding And Researching Experts and Their Testimony Part 1

    Finding And Researching Experts and Their Testimony Part 1
    In Finding and Researching Experts and Their Testimony, authors Jim Robinson David Dilenschneider, Myles Levin, and Nathan Aaron Rosen write:Several of us got into some discussions about the need to research experts thoroughly. During those…
Rank this Week: 67

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Jun 23

    Ted Frank And The Real Risk Of Class Action

    Ted Frank And The Real Risk Of Class Action
    Tort reformer Ted Frank and I have had our disagreements over the years. (See here and here.) In recent years, he has focused his work on filing objections to class action settlements through the Center for Class Action Fairness. Some of his…
  • May 26

    Your “Motion To Strike” My Witness’ Deposition Testimony Is Denied

    Your “Motion To Strike” My Witness’ Deposition Testimony Is Denied
    As I wrote three years ago, one of the ‘basics’ as a young litigator is to learn how to take a deposition. Depositions are so commonplace in civil litigation — even the smallest of soft-tissue limited-tort car accident cases…
  • Apr 8

    Phi Kappa Psi’s Doubtful Defamation Claim Against Rolling Stone

    Phi Kappa Psi’s Doubtful Defamation Claim Against Rolling Stone
    Rolling Stone’s recent article, “A Rape on Campus,” needs no introduction. (If you really need one, check the extensive Wikipedia article.) On April 5, Rolling Stone formally retracted the article and published an extensive…
Rank this Week: 79

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: 82

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Jul 3

    Undue Influence Claim Deemed Sufficient To Go To Trial

    Undue Influence Claim Deemed Sufficient To Go To Trial
    Undue influence has always been one of the most difficult claims to prove in an estate contest. New York County Surrogate Nora Anderson has determined in The Matter of Wechsler ,2015 Slip Op 3100 U, that sufficient issues of fact have been…
  • May 14

    Surrogate Court Delays Getting Worse-Maybe It’s Time To Consider Trust

    Surrogate Court Delays Getting Worse-Maybe It’s Time To Consider Trust
    Nassau County Surrogate Edward McCarty III likes to begin his weekly Wednesday calendar call with a folksy chat to the usually packed courtroom. This week, the judge lamented the recent decision of the state to make new staff cuts of court…
  • Apr 19

    Digital Life After Death, A Question For The Future

    Digital Life After Death, A Question For The Future
    Your lawblogger recently attended a seminar given by Evan Carroll, the author of  “Your Digital Afterlife”,  a book speaking to the growing issues that have arisen as our activities on line have continued to branch out…
Rank this Week: 113

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: 114

CEB blog

CEB blog

Covers practice tips and new legal developments of particular interest to California legal professionals. The CEB blog covers a wide range of practice areas from estate planning to civil litigation, along with posts relating to the practice of law generally.

http://blog.ceb.com
  • Jul 6

    Does “Red Tagging” Terminate a Lease?

    Does “Red Tagging” Terminate a Lease?
    There’s been an earthquake, and an apartment building is red-tagged by the city or county because the utilities have been disconnected and the utility lines need repair; the landlord is dragging his feet about getting them fixed. What…
  • Jul 1

    What’s NOT Protected by Attorney-Client Privilege?

    What’s NOT Protected by Attorney-Client Privilege?
    The attorney-client privilege (Evid C §§950–962) protects a client from disclosure of confidential communications between attorney and client. But not every communication between attorney and client is protected. Do you know…
  • Jun 29

    First Case Under RULLCA Highlights Important New Remedy

    First Case Under RULLCA Highlights Important New Remedy
    The following is a guest blog post by Michael J. Thomas, a solo practitioner and founder of Creative Vision Legal, a Bay Area law firm offering legal services tailored to artists, musicians, and small business owners.  Finally,…
Rank this Week: 169

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/
  • Jun 29

    Private Investigators: An Asset Search By Pursuing Interviews & Tip

    Private Investigators: An Asset Search By Pursuing Interviews & Tip
    I do not know how many witnesses Brian interviewed while he was an IRS Special Agent or when he was a high-ranking official at U.S. Treasury’s Financial Crimes Enforcement Network (“FinCEN”).  Nor do I know the number…
  • Jun 22

    Private Investigators: Searching Law Enforcement Databases For Your Personal Information?

    Private Investigators: Searching Law Enforcement Databases For Your Personal Information?
    As “A Surreptitious Search For Money Hidden In Divorce & Other Cases” explains, law enforcement databases may house confidential information about a person’s assets.  Private investigators & the…
  • Jun 15

    Divorce & Hidden Money: Avoiding Mistakes During An Asset Search

    Divorce & Hidden Money: Avoiding Mistakes During An Asset Search
    The instant post analyzes 2 mistakes I occasionally see divorcing spouses make when they consider whether to search for marital assets hidden from them.  It is the 20th post in the “Divorce & Hidden Money” series: A…
Rank this Week: 186

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • May 25

    The Courts and Patent Litigation

    The Courts and Patent Litigation
    We often hear concerns with the ability or the willingness of the courts to handle sophisticated patent cases.  While we feel the concern is overstated, there are legitimate concerns.  Roy Strom examines a number of these concerns…
  • May 22

    Covered Business Method Review of Four of Fifteen Patents Warrants Stay

    Covered Business Method Review of Four of Fifteen Patents Warrants Stay
    Trading Techs. Int’l, Inc. v. BCG Partners, Inc., Nos. 10 C 715, 716, 718, 720, 721, 726, 882-885, 929 & 931, Slip Op. (N.D. Ill. Mar. 25, 2015) (Kendall, J.). Judge Kendall granted defendants’ motion to stay this patent…
  • May 20

    Bit Torrent Default Judgment Gets $750/Movie

    Bit Torrent Default Judgment Gets $750/Movie
    Malibu Media, LLC v. Funderburg, No. 13 C 2614, Slip Op. (N.D. Ill. Apr. 24, 2015) (Dow, J.). Judge Dow granted plaintiff Malibu Media’s motion for default judgment in this copyright case regarding pornographic movies.  Malibu…
Rank this Week: 173

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: 198

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: 127

Jeff Vail

Jeff Vail

Covers litigation checklists, litigation knowledge management, strategy, and the future of litigation.

http://www.jeffvail.net/
  • Feb 6

    Colorado Litigation Report

    Colorado Litigation Report
    Take a look at the Colorado Litigation Report, a site with very useful, short summaries of Colorado appellate opinions (best of all, published on a very regular basis, unlike this blog of late...  but soon to change).
  • Jul 19

    The Oil Drum

    The Oil Drum
    Sadly, one of my favorite websites (and a website where I was previously a contributing author), www.theoildrum.com, is shutting down (actually converting to an archive, there will just be no new content).  There are a variety of reasons…
  • Dec 27

    Preserving ESI on Twitter

    Preserving ESI on Twitter
    Once litigation is “reasonably anticipated,” parties have an obligation to preserve all potentially relevant material.  That obligation extends to information reasonably under a party’s control, even if it is not…
Rank this Week: 149

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: 150

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 340

Workplace Class Action Blog

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/
Rank this Week: 506

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 6

    Five Tips for Small Firms to Maximize DRI Membership

    Five Tips for Small Firms to Maximize DRI Membership
    As a shareholder at a small firm, I understand the unique concerns of small businesses. My goal each day is to find balance between tending to current client needs, supervising young attorneys, and making sure the firm’s administrative…
  • Jun 25

    Premises Liability, Mode of Operation

    Premises Liability, Mode of Operation
    *The Massachusetts Supreme Judicial Court has on June 23, 2015  ruled that the “mode of operations” approach to premises liability applies to slip and fall incidents including slipping on a wet spot on the dance floor in a…
  • Jun 24

    Pay-If-Paid/Pay-When-Paid: Tomatoe/Tomato

    Pay-If-Paid/Pay-When-Paid: Tomatoe/Tomato
    This year’s DRI Fidelity and Surety Roundtable featured some excellent presentations.  One that really caught my attention was Ronald Freidberg’s presentation on “pay-if-paid” clauses and recent case law affecting…
Rank this Week: 435

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
Rank this Week: 331

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: 288

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
  • Jul 1

    Canadian appellate court reduces record-setting $4.5 million punitive damages award

    Canadian appellate court reduces record-setting $4.5 million punitive damages award
    The StarPhoenix of Saskatoon reports that an appellate court in Saskatchewan has reduced an "unprecedented" $5 million damages award in an insurance bad faith case.The plaintiff claimed that two insurance companies unreasonably denied his…
  • Jul 1

    New York jury awards $16 million in punitive damages in sexual harassment case

    New York jury awards $16 million in punitive damages in sexual harassment case
    This story in the New York Daily News reports that a federal jury in Manhattan has awarded $2 million in compensatory damages and $16 million in punitive damages to a plaintiff who claimed that her employer sexually harassed her and then…
  • Jun 8

    San Bernardino jury awards $2 million in punitive damages in murder-for-hire case

    San Bernardino jury awards $2 million in punitive damages in murder-for-hire case
    The Associated Press reported over the weekend that a San Bernardino jury awarded $2 million in punitive damages, on top of $4.5 million in compensatory damages, to a man who claimed that the defendants plotted to murder him.  According…
Rank this Week: 376

Resolving Discovery Disputes

Resolving Discovery Disputes

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

http://www.resolvingdiscoverydisputes.com/
  • Jun 30

    Are You Ready For Mediation? Part 2–The Ten Commandment

    Are You Ready For Mediation? Part 2–The Ten Commandment
    As a mediator, there is always a case that you question yourself as to what you could you could have done differently in order to resolve the matter.  My case involved a personal injury case.  It appeared to be straightforward, as…
  • Jun 30

    Are You Ready For Mediation? Part 2–The Ten Commandment

    Are You Ready For Mediation? Part 2–The Ten Commandment
    As a mediator, there is always a case that you question yourself as to what you could you could have done differently in order to resolve the matter.  My case involved a personal injury case.  It appeared to be straightforward, as…
  • Apr 29

    Without Consent of the Parties . . .

    Without Consent of the Parties . . .
        If you perform a Lexis search using the words “Special Master” in the Code of Civil Procedure you will find “no results.” This is because there is no statutory authority for such an appointment.…
Rank this Week: 522

The Illinois Trial Practice Weblog

The Illinois Trial Practice Weblog

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

http://www.illinoistrialpractice.com/
  • Jun 26

    More Articles I Wrote Recently for <ital>Lawyerist</ital>

    More Articles I Wrote Recently for &lt;ital&gt;Lawyerist&lt;/ital&gt;
    Here are two articles I wrote recently for Lawyerist, both on litigation-related themes: 1. How to Take a Deposition Like a Pro 2. How to Have a Collegial Relationship with Opposing Counsel I tried to fill both articles with solid,...
  • May 5

    Fast and Thorough Deposition Preparation

    Fast and Thorough Deposition Preparation
    The sixth revision to my book about depositions, Deposition Checklists and Strategies, is available from James Publishing. Here's information about the book from the James Publishing website-- Creating an outline is the most efficient way of…
  • Apr 20

    New at <i>Lawyerist</I>: Self-Editing for Legal Writer

    New at &lt;i&gt;Lawyerist&lt;/I&gt;: Self-Editing for Legal Writer
    I have a new article at Lawyerist, "Write Better Legal Documents with an Editing Checklist"-- By using a self-editing checklist to edit your writing, you will quickly improve the quality of your finished work. You will also become a…
Rank this Week: 232

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/
  • Jun 22

    This blawg will be on hiatus until mid-July....

    This blawg will be on hiatus until mid-July....
    This blawg will be taking a short break. Should be fine, right? Nothing important could possibly happen in the appellate world in just a few weeks over the summer...
  • Jun 22

    No flim flam

    No flim flam
    Are orders remanding a case from state to federal court appealable?The recent 9th Circuit case of Flam v. Flam (9th Circ. June 8, 2015) provides a clue.H&L's Peder Batalden and John Querio explain all in today's DJ.Here're the opening…
  • Jun 18

    Today's appellate tidbit

    Today's appellate tidbit
    Today's DJ profiles LASC Judge Dick Burdge. Prominent commercial litigator in the LA legal community? Sure. But he earns his spot on this blog because: "His wife is Lee S. Edmon, a former presiding judge of the Los Angeles County Superior…
Rank this Week: 516

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
Rank this Week: 439

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: 448

Class Action Blog

Class Action Blog

Covers class action litigation in the Southeast and class action arbitrations nationally. By Carlton Fields Jorden Burt.

http://www.cfjblaw.com/classactionblog/blog.aspx
Rank this Week: 387

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: 336

Northern Virginia Lawyer

Northern Virginia Lawyer

Commentary and insight on Virginia law and procedure.

http://northernvirginialawyer.blogspot.com/
  • Jun 16

    Paul A. Prados selected as a rising star

    Paul A. Prados selected as a rising star
    Paul A. Prados has been selected to the 2014 Virginia Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson…
  • Nov 3

    A Libertarian’s perspective on Ken Cuccinelli

    A Libertarian’s perspective on Ken Cuccinelli
    Every election, philosophical libertarians are faced with a conundrum: should we vote for principle/stay home or vote for the lesser of two evils.  Democrats tend to be better on personal liberty issues and Republicans tend to be better…
  • Nov 2

    Gay marriage lawsuits taking back seat in waning days of the campaign

    Gay marriage lawsuits taking back seat in waning days of the campaign
    I predicted that the gay marriage lawsuits in Virginia would have a significant impact on the gubernatorial campaigns in the final days. Apparently neither Cuccinelli nor McAuliffe appear interested in raising the fact that the AG's…
Rank this Week: 436

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: 388

Trial Advocacy Blog

Trial Advocacy Blog

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

http://indexhtml.blogspot.com/
  • Mar 11

    Temple Law alum vies for vacant Montana Supreme Court seat

    Temple Law alum vies for vacant Montana Supreme Court seat
    Copyright 2014 Great Falls TribuneAll Rights ReservedGreat Falls Tribune (Montana)March 9, 2014 Sunday1 EditionSECTION: A; Pg. 1LENGTH: 1677 wordsHEADLINE: 15 vie for vacant state Supreme Court seatBYLINE: By, John S.…
  • Nov 21

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law
    Once classmates, now law partners, attorneys Samuel H. Pond and Jerry M. Lehocky have found a way to give back to the institution that launched their highly successful careers in law. The two partners at Philadelphia-based Pond Lehocky Stern…
  • Nov 14

    August/September 2013 Law Library Acquisition

    August/September 2013 Law Library Acquisition
    Administrative LawFederal administrative law / by Gary Lawson.Lawson, Gary, 1958-St. Paul, Minn. : West, c2013.TZ2 L445 2013 Administrative Law Developments in Administrative Law and Regulatory Practice, 2012 / edited by Jeffery S. …
Rank this Week: 427

California Civil Litigation

California Civil Litigation

Covers recent decisions of the California Courts that are of interest to the civil litigation practitioner. By Pamela Fasick.

http://californiacivillitigation.blogspot.com/
  • Jan 15

    Big Change in the Parol Evidence Rule

    Big Change in the Parol Evidence Rule
    The California Supreme Court Discards the State's Idiosyncratic Interpretation of the Fraud Exception Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association (No. S190581, January 14, 2013) The California Supreme Court…
  • Oct 27

    A Judgment Without Previous Notice of Lawsuit

    A Judgment Without Previous Notice of Lawsuit
    I Was Informed There's a Judgment Against Me But I Never Heard of Any LawsuitIt's relatively unusual for a person who had no notice that they had been named as a defendant in a civil action to be informed that there is a civil judgment…
  • May 11

    Hospital's Suit For Reimbursement Is Not Preempted by ERISA

    Hospital's Suit For Reimbursement Is Not Preempted by ERISA
    Court of Appeal Reverses a Judgment Sustaining a Demurrer by Blue CrossCoast Plaza Doctors Hospital v. Blue Cross of California (B205892, May 11, 2009)11 p.
Rank this Week: 300

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/
  • Jul 6

    Speak Extemporaneously: 7 Tips for Losing the Notes Without Going Off-the-Cuff

    Speak Extemporaneously: 7 Tips for Losing the Notes Without Going Off-the-Cuff
    By Dr. Ken Broda-Bahm: By the time they get to opening statements or closing arguments in trial, most lawyers have been living with the case facts and story so long that talking about it really isn’t the problem. What is the problem,…
  • Jul 2

    Don't Treat Racism as Just a Belief

    Don't Treat Racism as Just a Belief
    By Dr. Ken Broda-Bahm: As of posting time, seven African-American churches have burned down since the racially motivated murders in Emanuel African Methodist Church in Charleston, South Carolina two weeks ago. One of those fires may have been…
  • Jun 29

    Design Your Metaphor

    Design Your Metaphor
    By Dr. Ken Broda-Bahm: There’s a movie currently in the theaters called “Inside Out.” In the animated film, pyschological drives are personified as characters – joy, anger, disgust, fear, and sadness – all in charge of navigating…
Rank this Week: 4215

DRI Today

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx
  • Jul 6

    Five Tips for Small Firms to Maximize DRI Membership

    Five Tips for Small Firms to Maximize DRI Membership
    As a shareholder at a small firm, I understand the unique concerns of small businesses. My goal each day is to find balance between tending to current client needs, supervising young attorneys, and making sure the firm’s administrative…
  • Jun 25

    Premises Liability, Mode of Operation

    Premises Liability, Mode of Operation
    *The Massachusetts Supreme Judicial Court has on June 23, 2015  ruled that the “mode of operations” approach to premises liability applies to slip and fall incidents including slipping on a wet spot on the dance floor in a…
  • Jun 24

    Pay-If-Paid/Pay-When-Paid: Tomatoe/Tomato

    Pay-If-Paid/Pay-When-Paid: Tomatoe/Tomato
    This year’s DRI Fidelity and Surety Roundtable featured some excellent presentations.  One that really caught my attention was Ronald Freidberg’s presentation on “pay-if-paid” clauses and recent case law affecting…
Rank this Week: 2876

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Jul 6

    Breaking Down the Possibilities Assuming Stephanie Was Honest & Accurate About Her Call to Adnan

    Breaking Down the Possibilities Assuming Stephanie Was Honest &amp; Accurate About Her Call to Adnan
    On last week's Addendum Episode of the Undisclosed Podcast, we discussed Stephanie's statement to Adnan's private investigator that she recalled calling Adnan's cell phone between 4:15 and 5:30 P.M. on January 13, 1999. According to…
  • Jul 3

    NJ Senate Approves Bill to Create Crime-Fraud Exception to Marital Privilege

    NJ Senate Approves Bill to Create Crime-Fraud Exception to Marital Privilege
    I've done a couple of posts about State v. Terry, 2014 WL 3579653 (N.J. 2014) 68 A.3d 177 (N.J.Super.A.D. 2013) (here and here). In Terry, the Supreme Court of New Jersey proposed a crime-fraud exception to the marital privilege. The...
  • Jul 2

    What Are the Odds That Jay Was at Woodlawn at 3:00 P.M. on January 13th?

    What Are the Odds That Jay Was at Woodlawn at 3:00 P.M. on January 13th?
    Yesterday, I posted about Jay's statement to Detevtives Ritz and MacGillivary during his pre-interview that Jeff G. drove him to Woodlawn High School at 3:00 P.M. on January 13, 1999, whereupon he met Stephanie in the parking lot. Obviously,…
Rank this Week: 1010

Legally Speaking Ohio

Legally Speaking Ohio

Provides commentary and analysis on cases going in front of the Supreme Court of Ohio. By Marianna Bettman.

http://www.legallyspeakingohio.com
Rank this Week: 1673

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Jul 6

    Not Required to Disclose Zero Prior Violations on Certificate of Good Faith

    Not Required to Disclose Zero Prior Violations on Certificate of Good Faith
    In Kerr v. Thompson, No. W2014-00628-COA-R9-CV (Tenn. Ct. App. June 9, 2015), the Court of Appeals recently followed the Tennessee Supreme Court’s lead and held that a certificate of good faith (one must be filed with the complaint in…
  • Jul 2

    Pre-Suit Notice Sent Via FedEx Substantially Complied with HCLA

    Pre-Suit Notice Sent Via FedEx Substantially Complied with HCLA
    In Arden v. Kozawa, No. E2013-01598-SC-R11-CV (Tenn. June 30, 2015), the Supreme Court addressed the issue of whether a plaintiff in a medical malpractice ( now known as a “health care liability” ) lawsuit can send pre-suit notice…
  • Jul 1

    The Probable Cause Defense to Malicious Prosecution Claim

    The Probable Cause Defense to Malicious Prosecution Claim
    A recent Court of Appeals decision serves as a good refresher on the elements and defenses in a malicious prosecution case. In Preston v. Blalock, No. M2014-01739-COA-R3-CV (Tenn. Ct. App. May 29, 2015), tenant’s plastic surgery…
Rank this Week: 944

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Jul 6

    Justice Correale Stevens Plans to Return to Superior Court Once His Supreme Court Appointment End

    Justice Correale Stevens Plans to Return to Superior Court Once His Supreme Court Appointment End
    Justice Correale F. StevensThe Legal Intelligencer has reported that Pennsylvania Supreme Court Justice Correale F. Stevens will return to the Pennsylvania Superior Court as a senior judge once his interim appointment to the Supreme Court…
  • Jul 2

    Judge Minora Reviews Current Status of At Will Employment Law

    Judge Minora Reviews Current Status of At Will Employment Law
    Facing an Employment At Will situation?  Click HERE for a thorough Opinion by Judge Carmen D. Minora in the case of Krutulis v. Community Medical Center, No. 2009 - CV - 1474 (C.P. Lacka. Co. June 4, 2015 Minora, J.), for…
  • Jul 1

    Registration Open for Tort Talk Expo 2015

    Registration Open for Tort Talk Expo 2015
    TORT TALK EXPO 2015Thursday, September 24, 2015Mohegan Sun Casino and HotelWilkes-Barre, PA (3 Substantive, 1 Ethics Credit) Door Prizes - Vendor Giveaways - Raffle Prizes    AGENDA:  [Registration…
Rank this Week: 4230

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

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

http://jotwell.com/
  • Jul 6

    The Reasons for Failures and Delays in Confirming Nominees Are More Complicated than We Think

    The Reasons for Failures and Delays in Confirming Nominees Are More Complicated than We Think
    Anne Joseph O'Connell, Shortening Agency and Judicial Vacancies through Filibuster Reform? An Examination of Confirmation Rates and Delays from 1981 to 2014, 64 Duke L.J. 1645 (2015).Richard PierceI thought I had a good general…
  • Jul 3

    The Truth is Not Enough to Set Us Free

    The Truth is Not Enough to Set Us Free
    Erik J. Girvan, On Using the Psychological Science of Implicit Bias to Advance Anti-Discrimination Law, (2015), available at SSRN.Marcia L. McCormickLegal scholars in a wide range of areas have used now well-settled developments in cognitive…
  • Jul 1

    What’s Missing in New Zealand?

    What’s Missing in New Zealand?
    David Enoch, Tort Liability and Taking Responsibility in Philosophical Foundations of the Law of Torts (John Oberdiek ed., 2014).Scott Hershovitz“What’s missing in New Zealand?” That’s the question David Enoch poses in…
Rank this Week: 4510

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 4524

New York Business Litigation…

New York Business Litigation Lawyer Blog

Covers litigation, foreclosures, and business law. By The Silber Law Firm LLC.

http://www.thesilberlawfirm.com/
  • Jul 5

    Failure to Show "Use" Defeats Trademark/Service Mark Registration

    Failure to Show "Use" Defeats Trademark/Service Mark Registration
    There has been recent discussion about what constitutes "use" of a mark when seeking trademark registration (and which applies equally to a service mark). This discussion has addressed the requirement that a proposed trademark be "used" or…
  • Mar 2

    Real Estate Broker Entitled to Recover the Value of Its Service

    Real Estate Broker Entitled to Recover the Value of Its Service
    Goli Realty Corp., commenced an action for the recovery of brokerage commissions. Goli sued Halperin claiming to have brought a buyer that was ready, willing and able to purchase certain real property that Halperin and his entity, SPJ LLC,…
  • Feb 10

    Transfer of Looted Company Held Valid

    Transfer of Looted Company Held Valid
    Steve Hong is the sole shareholder of Koryeo International Corp. Hong sued his mother, Kyung Ja Hong for looting Koryeo before she transferred the corporation to him. Hong worked for the corporation after law school. His parents promised…
Rank this Week: 2751

Tennessee Defense Litigation

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/
Rank this Week: 3311

Beyond Structured Settlements

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/
  • Jul 5

    NAELA Journal - Recent ACA Article

    NAELA Journal - Recent ACA Article
    With last week's Supreme Court decision in King v. Burwell, upholding tax credits for individuals purchasing health insurance through the federal insurance exchange in addition to state insurance exchanges, the Patient Protection and…
  • Jun 17

    NSSTA Marketing Surveys - Senior Claims Executives 3

    NSSTA Marketing Surveys - Senior Claims Executives 3
    Senior claims executives of property and casualty insurance companies have represented one of the most important advocate groups supporting structured settlements since the concept was first introduced in the late 1970s. During 2014, the…
  • Jun 17

    NSSTA Marketing Surveys - Senior Claims Executives 2

    NSSTA Marketing Surveys - Senior Claims Executives 2
    The National Structured Settlement Trade Association (NSSTA) has established a new NSSTA "Industry Growth Initiative," "designed to identify opportunities to expand the use of structured settlements and bring those opportunities to the…
Rank this Week: 2550

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Jul 4

    Exposure to Organic Solvent Allegedly Causes Neurological Injurie

    Exposure to Organic Solvent Allegedly Causes Neurological Injurie
    Case: Bonner v. ISP Techs., Inc., 259 F.3d 924 (8th Cir. 2001). Background: The plaintiff, an assembly line... Read MoreThe post Exposure to Organic Solvent Allegedly Causes Neurological Injuries appeared first on The Expert Institute.
  • Jul 4

    Controversial Expert Testimony Survives Supreme Court Scrutiny In Oklahoma Death-Penalty Case

    Controversial Expert Testimony Survives Supreme Court Scrutiny In Oklahoma Death-Penalty Case
    On June 29, 2015, the Supreme Court decided a controversial death-penalty case involving Oklahoma’s use of midazolam, a... Read MoreThe post Controversial Expert Testimony Survives Supreme Court Scrutiny In Oklahoma Death-Penalty Case…
  • Jun 29

    Expert Witnesses Contribute to Same Sex Marriage Litigation

    Expert Witnesses Contribute to Same Sex Marriage Litigation
    Last week, the Supreme Court made it unlawful to prevent same-sex marriage. Obergefell v. Hodges 576 U.S. ___... Read MoreThe post Expert Witnesses Contribute to Same Sex Marriage Litigation appeared first on The Expert Institute.
Rank this Week: 2483