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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Nov 26

    Petition of the day

    Petition of the day
    The petition of the day is: Mata v. Holder 14-185 Issue: Whether the Fifth Circuit erred in this case in holding that it has no jurisdiction to review petitioner’s request that the Board of Immigration Appeals equitably toll…
  • Nov 26

    Editor’s Note

    Editor’s Note
    At 9:30 a.m. on Monday we expect additional orders from the Court’s November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.
  • Nov 26

    SCOTUSblog on camera: Eric Schnapper (Part five)

    SCOTUSblog on camera: Eric Schnapper (Part five)
    Wondering how it went; what to learn from looking back; the importance of moot courts; and why the regular presence of cameras at oral argument is a bad idea. “Just the way they say, ‘Battle plans never survive contact…
Rank this Week: 11

Information Governance Engagement…

Information Governance Engagement Area

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

http://infogovernance.blogspot.com/
  • Nov 18

    Rolling Intelligence: Enterprise-Level Paying It Forward

    Rolling Intelligence: Enterprise-Level Paying It Forward
    By John MartinRolling intelligence is the enterprise-level equivalent of pay it forward. Effort invested in one business unit, functional area, or type of document storage to visually classify documents benefits the other units, areas,…
  • Nov 17

    Visualizing Data in a Predictive Coding Project – Part Two

    Visualizing Data in a Predictive Coding Project – Part Two
    By Ralph LoseyThis is part two of my presentation of an idea for visualization of data in a predictive coding project.Please read part one first.As most of you already know, the ranking of all documents according to their probable…
  • Nov 16

    TAR in the Courts: A Compendium of Case Law about Technology Assisted Review

    TAR in the Courts: A Compendium of Case Law about Technology Assisted Review
    By Bob AmbrogiMagistrate Judge Andrew Peck It is less than three years since the first court decision approving the use of technology assisted review in e-discovery. “Counsel no longer have to worry about being the ‘first’…
Rank this Week: 14

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
  • Nov 25

    Technology and theatre in a library

    Technology and theatre in a library
    When I read Where Humbert Humbert Might Whisper in Your Ear in the New York Times on a flight back to Colombo from the US, I immediately thought of doing something along the same lines in Sri Lanka to explore to what degree, post-war, we…
  • Nov 5

    UAVs and peacebuilding: Some thought

    UAVs and peacebuilding: Some thought
    My work with UAVs is largely conceptual, framed by growing up in a context of war, deeply informed by having to deal with the enduring legacy of violent conflict even post-war and anchored to the inalienable yet often callously erased rights…
  • Sep 17

    Technology: Progress and Potential

    Technology: Progress and Potential
    An article I wrote for Alliance for Peacebuilding’s Building Peace magazine is now up on the web. In it, I look at both the significant progress around technologies to share vital information before and during a conflict or disaster,…
Rank this Week: 21

Conflict of Laws .net

Conflict of Laws .net

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

http://conflictoflaws.net
Rank this Week: 41

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/
  • Oct 24

    Single Event Exception Includes Multiple Events Caused by a Significant Occurance

    Single Event Exception Includes Multiple Events Caused by a Significant Occurance
    Rainbow Gun Club, Inc. v. Denbury Resources, Inc., 2014 WL 869504 (W.D. La. March 5, 2014). In this action, the District Court affirmed a remand order finding that CAFA’s local “single event exception” can include mass…
  • Oct 23

    Only 25% of PAGA Penalties–Sufficient to Satisfy the Amount in Controversy?

    Only 25% of PAGA Penalties–Sufficient to Satisfy the Amount in Controversy?
    Controulis v. Anheuser-Busch, LLC, 2013 WL 6482970 (C.D. Cal. Nov. 20, 2013). The plaintiff, employed as a bottler by the defendant, Anheuser-Busch, LLC, brought an action alleging that the defendant violated California law by including the…
  • Oct 22

    Defendants Must Demonstrate Factual Basis for Amount-in-Controversy Claim

    Defendants Must Demonstrate Factual Basis for Amount-in-Controversy Claim
    Sanchez v. Res-Care, Inc., 2014 WL 807997 (C.D. Cal. Feb. 28, 2014). In this action, the District Court remanded the case to the state court finding that the defendant failed to show by preponderance of evidence that the amount-in-controversy…
Rank this Week: 62

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
Rank this Week: 77

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
Rank this Week: 79

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/
  • Nov 26

    Einstein SS Copies Outdated Material From Competitor, LOL

    Einstein SS Copies Outdated Material From Competitor, LOL
    Einstein Structured Settlements has obviously copied from a competitor and posted 2011 data in 2014 as fresh content, and attempt to claimed a copyright in a report that is most likely ultimately... This is a content summary only. Please…
  • Nov 24

    People With Disabilities Under 65 | Three Hurdles to Jump To Get Medicare

    People With Disabilities Under 65 | Three Hurdles to Jump To Get Medicare
    Before they can get Medicare coverage, people with disabilities, who are under age 65, must first RECEIVE Social Security Disability Insurance (SSDI) for 24 months. But... This is a content summary only. Please click on the title for the full…
  • Nov 24

    Einstein SS "Content Jester" is Not Structured Settlement Industry Leader

    Einstein SS "Content Jester" is Not Structured Settlement Industry Leader
    Einstein Structured settlements constant "drumming" makes a lot of noise on the Internet. But the output of these "content jesters" is unfortunately often so poor, in my professional opinion,... This is a content summary only. Please…
Rank this Week: 104

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Nov 26

    Women who trust too much: The Unmitigated Communion Scale

    Women who trust too much: The Unmitigated Communion Scale
      We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita Back in…
  • Nov 24

    Thin-slicing infidelity: Brief observation can reveal more than you ever thought!

    Thin-slicing infidelity: Brief observation can reveal more than you ever thought!
    Our clients are routinely stunned by the accuracy of  mock juror impressions of witnesses and parties based on a 6 to 8 minute video clip from depositions. Mock jurors quickly assess character and are often eager to share their insights.…
  • Nov 21

    The “euphemism treadmill”: Is it African-American or Black?

    The “euphemism treadmill”: Is it African-American or Black?
    It’s a constantly moving target. Just over a year ago, we wrote about this on-going question and cited a Gallup Poll saying 65% of Black Americans have no preference when it comes to labels used to describe their racial or ethnic group.…
Rank this Week: 97

Litigation and Trial

Litigation and Trial

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

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

    Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability

    Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability
      It’s finally here: Tincher v. Omega Flex, the Pennsylvania Supreme Court’s overhaul of strict liability. If you’re unfamiliar with the recent turbulence surrounding strict liability, check out this post of mine from…
  • Nov 21

    Mediation Of A Big Injury Case: A Game Worth Playing?

    Mediation Of A Big Injury Case: A Game Worth Playing?
    A few months ago, in a wrongful death case I have against one of the biggest companies in America, the company’s lawyer asked: will you agree to a mediation?   Our firm founder, Jim Beasley, Sr., had a simple method to mediation:…
  • Nov 11

    Comcast, Kozinski, and The Decline Of Class Action

    Comcast, Kozinski, and The Decline Of Class Action
    Nearly a year ago, I praised an objection Judge Alex Kozinski filed — as a consumer, not a judge — to a proposed class action settlement that he was a part of, and so I was dismayed to see a recent article noting Judge…
Rank this Week: 95

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: 138

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Nov 27

    The Allen Charge or: Why You Don't Want Your Trial to End Just Before the Holiday

    The Allen Charge or: Why You Don't Want Your Trial to End Just Before the Holiday
    An Allen charge, derived from the Supreme Court's opinion in Allen v. United States, 164 U.S. 492 (1896), is an instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reachesa verdict. Also...
  • Nov 26

    Beast of Burden: Probable Cause vs. Preponderance of the Evidence in Ferguson

    Beast of Burden: Probable Cause vs. Preponderance of the Evidence in Ferguson
    I was just watching CNN, and Chris Cuomo was talking to Paul Callan about a possible civil suit against Police Officer Darren Wilson. This prompted a discussion of the different burdens of proof at a grand jury hearing (probable cause)...
  • Nov 26

    The Serial Podcast, Episode 1: Did Adnan Receive the Ineffective Assistance of Counsel?

    The Serial Podcast, Episode 1: Did Adnan Receive the Ineffective Assistance of Counsel?
    I've done four preliminary posts (here, here, here, and here) about Sarah Koenig's Serial Podcast, which deals with the 1999 prosecution of 17 year-old Adnan Syed for murdering his ex-girlfriend, 18 year-old Hae Min Lee. Now, I will turn…
Rank this Week: 588

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/
  • Nov 26

    Safe at Any Speed: Robert Ahdieh’s Take on Cost-Benefit Analysis in Financial Market

    Safe at Any Speed: Robert Ahdieh’s Take on Cost-Benefit Analysis in Financial Market
    Robert B. Ahdieh, Reanalyzing Cost-Benefit Analysis: Toward a Framework of Function(s) and Form(s), 88 N.Y.U.L. Rev. 1983 (2013).Jack BeermannWhen I saw the title of Robert Ahdieh’s recent article, Reanalyzing Cost-Benefit Analysis:…
  • Nov 25

    Putting Union Security Clause First Amendment Law in a Broader Context: Charlotte Garden’s Meta Right

    Putting Union Security Clause First Amendment Law in a Broader Context: Charlotte Garden’s Meta Right
    Charlotte Garden, Meta Rights, 83 Fordham L. Rev. 855 (2014).Joseph SlaterMeta Rights is a thought-provoking article that addresses concerns about labor law rules governing agency fee payments in public-sector employment by comparing these…
  • Nov 24

    Transmitting Retirement Accounts: Getting It Right

    Transmitting Retirement Accounts: Getting It Right
    Stewart E. Sterk & Melanie B. Leslie, Accidental Inheritance: Retirement Accounts and the Hidden Law of Succession, 89 N.Y.U.L. Rev. 165 (2014).Anne-Marie RhodesArticles routinely appear that serve up a simple, everyday scenario that has…
Rank this Week: 388

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 342

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Nov 25

    Jury Reaches Verdict on Ferguson Officer Case

    Jury Reaches Verdict on Ferguson Officer Case
    A grand jury in Ferguson, Mo., arrived at a decision: Darren Wilson, a Ferguson police officer, won’t be facing charges in the shooting death of Michael Brown. There’s a very high chance a majority will never know why it came to be the…
  • Nov 25

    Judge: Missing Child Trial Should Make Use of Confession

    Judge: Missing Child Trial Should Make Use of Confession
    A suspect possessing a low IQ was aware of his rights and confessed to crime investigators that he choked a 6 year old boy to death back in 1979, according to a ruling earlier this week. The ruling gives prosecutors a chance to make full use…
  • Nov 24

    SC to Make Consideration on Facebook Post

    SC to Make Consideration on Facebook Post
    Next week, the Supreme Court will be hearing oral arguments in a First Amendment case that reviews the battle regarding when speeches on Facebook posts and other social media outlets are in violation of the law. The appeal, which is up for…
Rank this Week: 275

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/
  • Nov 17

    Some thoughts on Johnson v. City of Shelby: Does it help make sense of Twombly & Iqbal?

    Some thoughts on Johnson v. City of Shelby: Does it help make sense of Twombly & Iqbal?
    We covered earlier the Supreme Court’s per curiam decision in Johnson v. City of Shelby summarily reversing the Fifth Circuit. It’s a short opinion—just two and a half pages—but it has some important things to say about pleading…
  • Nov 15

    Reaction to SCOTUS Decision in Johnson v. City of Shelby

    Reaction to SCOTUS Decision in Johnson v. City of Shelby
    On Monday we covered Johnson v. City of Shelby, a per curiam Supreme Court decision on pleading that summarily reversed the Fifth Circuit. Here’s some of the coverage of that decision from this past week: City of Shelby: New SCOTUS...
  • Nov 14

    Pfander on Bruhl on the Supreme Court and Lower-Court Precedent

    Pfander on Bruhl on the Supreme Court and Lower-Court Precedent
    Now available on the Courts Law section of JOTWELL is an essay by Jim Pfander entitled How Lower-Court Precedent Affects Supreme Court Precedent. Jim reviews Aaron Bruhl’s recent article, Following Lower-Court Precedent, 81 U. Chi. L. Rev.…
Rank this Week: 252

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

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

    Make Sure Your Vital Information Doesn’t Die When You Do

    Make Sure Your Vital Information Doesn’t Die When You Do
    Twenty years ago, we always told our clients to make an inventory of their important information, give a copy to a child or trusted family member and leave a copy in a secure place for safekeeping. It’s amazing how much has changed in…
  • 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…
  • 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…
Rank this Week: 313

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 312

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/
  • Oct 30

    Searching For Corruption Proceeds & Other Assets On The Island Of Jersey

    Searching For Corruption Proceeds & Other Assets On The Island Of Jersey
    At Carmelite Chambers International Fraud & Assert Recovery Conference, I met Advocate & English Barrister Stephen Baker of Baker & Partners from St. Helier, Jersey.  During the Conference, Mr. Baker presented his…
  • Oct 6

    Divorce & Hidden Money: Helga Glock’s Search For Gaston Glock’s Asset

    Divorce & Hidden Money: Helga Glock’s Search For Gaston Glock’s Asset
    This is the ninth post in the “Divorce & Hidden Money” series.  By failing to disclose any offshore assets, one divorcing spouse may cheat the other out of child support, alimony or other court awards.  A spouse…
  • 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…
Rank this Week: 494

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: 579

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: 517

Class Action Defense Blog

Class Action Defense Blog

Covers CAFA, class certification, employment law, FCRA, FDCPA and multidistrict litigation. By Michael Hassen of Jeffer Mangels Butler & Mitchell LLP.

http://classactiondefense.jmbm.com/
Rank this Week: 324

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: 285

South Carolina Appellate Law Blog

South Carolina Appellate Law Blog

Follows the opinions of the South Carolina appellate courts, the Fourth Circuit, and the United States Supreme Court. By Womble Carlyle.

http://southcarolinaappellatelaw.blogspot.com/
  • Dec 13

    Closing Out

    Closing Out
    Well, I have left private practice and have taken a job with the US Attorney's Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news. Merry Christmas.
  • Dec 1

    Constitutional issues with Clinton appointment???

    Constitutional issues with Clinton appointment???
    "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during…
  • Nov 19

    Billy Wilkins' return to the courtroom as a lawyer meets with succe

    Billy Wilkins' return to the courtroom as a lawyer meets with succe
    From the Greenville News:William W. “Billy” Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as…
Rank this Week: 456

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: 298

Delaware Business Litigation…

Delaware Business Litigation Report

Offers case summaries of Delaware court decisions in business-related litigation. By Morris James.

http://www.delawarebusinesslitigation.com/
  • Dec 31

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim

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

    Court Of Chancery Denies Advancement For Predecessor Liability

    Court Of Chancery Denies Advancement For Predecessor Liability
    Grace v. Ashbridge LLC, C.A. 8348-VCN (December 31, 2013) In general, a successor entity is not liable for its predecessor's obligations when there has been a fundamental change in the identity of the entity.  Here, the Court held…
  • Nov 26

    Court Of Chancery Explains Bad Faith Claim

    Court Of Chancery Explains Bad Faith Claim
    In Re Novell Shareholders Litigation, C.A. 6032-VCN (November 25, 2014) When does a board act in bad faith so as to not be entitled to exculpation under a corporate charter? As this decision explains, mere mistakes in complicated negotiations…
Rank this Week: 2601

Western Canada Business Litigation…

Western Canada Business Litigation Blog

Covers issues emerging in the legal and business communities. By Lawson Lundell LLP.

http://www.westerncanadabusinesslitigationblog.com/
  • Nov 27

    Summary Judgment: It’s the “New Black”

    Summary Judgment: It’s the “New Black”
    In an earlier blog post, we reviewed what the Supreme Court of Canada heralded as a “shift in culture” in Hryniak v. Mauldin, 2014 SCC 7 with respect to the availability of summary judgment.  While we had expected BC Courts…
  • Nov 13

    The Supreme Court of Canada Moves the Law of Contract: The Principle of Good Faith and the Duty to Act Honestly

    The Supreme Court of Canada Moves the Law of Contract: The Principle of Good Faith and the Duty to Act Honestly
    On November 13, 2014, the Supreme Court of Canada released its much anticipated decision in Bhasin v. Hrynew, 2014 SCC 71.  In its decision, the Supreme Court of Canada for the first time expressly recognized “good faith” as…
  • Nov 6

    The word “of” can decide a case: a lesson for contractual drafting and interpretation

    The word “of” can decide a case: a lesson for contractual drafting and interpretation
    A recent decision of the Ontario Superior Court of Justice shows that the outcome of important questions of statutory or contractual interpretation can sometimes turn on the meaning of the smallest and most ordinary words. As the court noted…
Rank this Week: 2681

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/
  • Nov 27

    Make Colors Meaningful

    Make Colors Meaningful
    By Dr. Ken Broda-Bahm: Learning music carries some pretty profound cognitive benefits, so along with my seven-year-old daughter, I’m currently learning to play the guitar. Communicating the correct string or strings to pick carries some…
  • Nov 24

    Expect Trial Consulting Myths to Die Hard

    Expect Trial Consulting Myths to Die Hard
    By Dr. Ken Broda-Bahm: A current article in Pacific Standard, the online publication of Miller-McCune Center for Research, Media and Public Policy, continues a debate that has become familiar to litigation consultants. The opinion piece by…
  • Nov 20

    Account for Fenno's Paradox: We Don't Judge Groups Like We Judge Individual

    Account for Fenno's Paradox: We Don't Judge Groups Like We Judge Individual
    By Dr. Ken Broda-Bahm: Here's a riddle for you: Going into the midterm elections, approval ratings for Congress hovered at just around 14 percent, yet the win rate for Congressional incumbents was 96.6 percent. How can we reconcile those…
Rank this Week: 4124

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Nov 26

    Latest Edition of the Jury Expert

    Latest Edition of the Jury Expert
    Does Video Image Size Affect Jurors’ Decisions? A Look at How Image Size Interacts with Evidence Strength, Defendant Emotion and the Defendant/Victim Relationship Wendy Heath and Bruce Grannemann ponder how video image size in the courtroom…
  • Nov 26

    Mitigating Foul Blow

    Mitigating Foul Blow
    Mary Bowman Mitigating Foul Blows Abstract (to read the entire article go here): For nearly eighty years, courts have offered stirring rhetoric about how prosecutors must not strike foul blows in pursuit of convictions. Yet while appellate…
  • Nov 25

    Another Take on Warger v. Shauer

    Another Take on Warger v. Shauer
    Previously, I blogged about the juror dishonesty case, Warger v. Shauers, that is currently before the Supreme Court. Professor Sherry Colb of Cornell, pictured above, has recently written a brief article offering her own opinion on the case.…
Rank this Week: 982

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

http://delawaretrialpractice.foxrothschild.com/
  • Nov 26

    Uniform Interstate Depositions and Discovery Act

    Uniform Interstate Depositions and Discovery Act
    The Delaware Uniform Interstate Depositions and Discovery Act provides a process through which litigants in actions pending outside of Delaware may conduct depositions or access information in Delaware.  The Act simplifies past…
  • Nov 21

    So, You Want To Amend Your Complaint . . .

    So, You Want To Amend Your Complaint . . .
    So, you want to amend your complaint to add a claim after the statute of limitations has expired.  Is it possible? The short answer is yes, it may be possible.  As the Superior Court decision recently issued in the…
  • Nov 18

    November Is National Adoption Month!

    November Is National Adoption Month!
    November has been declared National Adoption Month! A Proclamation signed by President Obama designates November as National Adoption Month and states: BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Every year, adoptive…
Rank this Week: 1859

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/
  • Nov 26

    2d DCA pro tem update

    2d DCA pro tem update
    Judge Helen Bendix of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until January 31, 2015Judge Lee Edmon of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until December 31, 2014…
  • Nov 25

    More noteworthy December appellate program

    More noteworthy December appellate program
    Looking for a reason to spend a Friday (and then, perhaps the weekend) in the Bay Area? Friday, Dec. 5: BASF hosts "View from the Appellate Bench" with an all-star panel of speakers including: Justice Liu, Justices Richman, Pollak, Siggins,…
  • Nov 24

    Supreme Court nomination!!! Angeleno Leondra Kruger

    Supreme Court nomination!!! Angeleno Leondra Kruger
    Governor Brown SelectsLeondra R. Krugerfor California Supreme CourtSACRAMENTO – Governor Edmund G. Brown Jr. today announced Leondra R. Kruger as his choice for associate justice of the California Supreme Court. Leondra R. Kruger,…
Rank this Week: 4959

Litigation Consulting Report

Litigation Consulting Report

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

http://www.a2lc.com/blog/
  • Nov 26

    How Long Before Trial Should I Begin Preparing My Trial Graphics?

    How Long Before Trial Should I Begin Preparing My Trial Graphics?
      by Ken LopezFounder/CEOA2L Consulting "How long in advance of trial should I be working with my trial graphics firm?" I hear this question in some form quite regularly. Often the person asking it has some idea of what they are…
  • Nov 25

    Useful Directory of Peer-Approved Legal Consultants and Vendor

    Useful Directory of Peer-Approved Legal Consultants and Vendor
      by Ken LopezFounder/CEOA2L Consulting Yesterday, Legal Times released its annual directory of top legal consultants and vendors, The Best of Legal Times Reader Rankings 2014. While this reader-generated list focuses on Washington,…
  • Nov 20

    In-House Counsel Hiring Methods for Litigation Counsel Are Surprising

    In-House Counsel Hiring Methods for Litigation Counsel Are Surprising
    by Ken LopezFounder/CEOA2L Consulting A little more than a month ago, I surveyed our readership and asked, "how does in-house counsel hire outside litigation counsel?" Six possible answers were presented in random order. In-house chooses…
Rank this Week: 2964

E-Discovery Beat

E-Discovery Beat

Covers electronic discovery. By Exterro.

http://www.exterro.com/e-discovery-beat/
  • Nov 26

    Second Thoughts on Sedona Principle Six

    Second Thoughts on Sedona Principle Six
    By: Bob Rohlf, Esq., E-Discovery Counsel, Exterro Last month, in his blog post “Sedona Principle Six: Overdue for an Overhaul,” Craig Ball declared that Sedona Principle Six (from the Sedona Conference’s Best Practices…
  • Nov 18

    12 Best Practices of E-Discovery

    12 Best Practices of E-Discovery
    By: Andrew Bartholomew In the spirit of the upcoming holiday season, Exterro is giving the gift of e-discovery and information best practices with our upcoming 12 Best Practices of E-Discovery email program. You can sign up to receive daily…
  • Nov 13

    Exterro’s inFusion `14 Conference Keynote: Preparing for FRCP E-Discovery Change

    Exterro’s inFusion `14 Conference Keynote: Preparing for FRCP E-Discovery Change
    By: Andrew Bartholomew Earlier this fall Exterro held its annual inFusion `14 user conference. To kick off the event, attendees were treated to a panel discussion, titled “FRCP Changes and the Cascading Impact on Your…
Rank this Week: 3596

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 4229

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Nov 26

    Jones County Voters Elect New Circuit Judge

    Jones County Voters Elect New Circuit Judge
    For the first time in nearly 30 years, someone other that Judge Billy Joe Landrum will preside over the Jones County Circuit Court in January. Laurel attorney Dal Williamson defeated Judge Landrum in Tuesday’s runoff. Not much media…
  • Nov 25

    Rare Circuit Court Judge Runoff Today

    Rare Circuit Court Judge Runoff Today
    Today Jones County voters will decide a rare runoff in a Circuit Court Judge election. The runoff is between longtime incumbent Judge Billy Joe Landrum and Laurel attorney Dal Williamson. Things have gotten a bit heated in Laurel. From the…
  • Nov 19

    PERS Still Massively Underfunded Despite Stock Market Hitting All-Time High

    PERS Still Massively Underfunded Despite Stock Market Hitting All-Time High
    Steve Wilson at Mississippi Watchdog recently wrote here about how Mississippi’s pension system ranks nationally. From the article: A new report by nonprofit State Budget Solutions says Mississippi’s Public Employees’…
Rank this Week: 4802

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Nov 26

    Lawsuit Cash Advance Creates Substantial Recovery Increase for Family Hit by Tragedy

    Lawsuit Cash Advance Creates Substantial Recovery Increase for Family Hit by Tragedy
    Here is a wonderful example of how lawsuit funding can get plaintiffs the recovery they deserved. Sadly, a woman lost her husband, and her two sons lost their father, after a fairly routine medical procedure went wrong, leading to the…
  • Nov 24

    Injured Victims Improve Their Quality of Life with Litigation Funding

    Injured Victims Improve Their Quality of Life with Litigation Funding
    Auto accident lawsuit can take months or years to settle. This can make day-to-day living financially difficult for victims, especially for those who are living from paycheck to paycheck or lost the sole breadwinner. The medical bills and/or…
  • Nov 21

    Wrongful Death Lawsuit Results in $9M Award

    Wrongful Death Lawsuit Results in $9M Award
    If a loved one was fatally injured by the negligence or wrongdoing of another and you have filed a wrongful death lawsuit, you may be eligible for lawsuit funding as a cash advance against your future settlement. Many families need wrongful…
Rank this Week: 1270

e-Lessons Learned

e-Lessons Learned

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

http://ellblog.com
Rank this Week: 786

Kentucky Court Report

Kentucky Court Report

Provides updates of decisions, argument calendars, news and developments for the Supreme Court of Kentucky and Kentucky Court of Appeals. By Michael Stevens.

http://kycourtreport.com/
Rank this Week: 1918

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Nov 26

    Lack of Local Rule 56.1 Support Prevents Summary Judgment

    Lack of Local Rule 56.1 Support Prevents Summary Judgment
    Panoramic Stock Images, Ltd. d/b/a Panoramic Images v. John Wiley & Sons, Inc., No 12 C 10003, Slip Op. (N.D. Ill. Sep. 2, 2014) (Feinerman, J.). Judge Feinerman granted in part plaintiff Panoramic’s partial summary judgment motion…
  • Nov 24

    Substantial Differences Doom Design Patent Claim on the Pleading

    Substantial Differences Doom Design Patent Claim on the Pleading
    Young v. Stone, No. 13 C 4920, Slip Op. (N.D. Ill. Aug. 28, 2014) (Guzman, J.). Judge Guzman granted defendant’s Fed. R. Civ. P. 12(c) motion to dismiss plaintiff’s design patent infringement claim regarding defendant’s…
  • Nov 21

    Settlement in First Does Not Bar Discovery in a Second Related Suit

    Settlement in First Does Not Bar Discovery in a Second Related Suit
    Fasteners for Retail, Inc. v. Andersen, No. 11 C 2164, Slip Op. (N.D. Ill. Aug. 22, 2014) (Durkin, J.).  Judge Durkin granted in plaintiff Fasteners for Retail’s (“FFR”) motion to enforce the parties’ settlement…
Rank this Week: 2099

The Everlaw Blog

The Everlaw Blog

Covers legal technology used in litigation and eDiscovery, especially on the plaintiff's side.

http://blog.everlaw.com
  • Nov 26

    The Uses of Different File Format

    The Uses of Different File Format
    Last week Joshua Gilliland wrote a great post about thinking through the form of production. I thought it would be a good time to share our thoughts about different file formats, and how they affect document review. If you have reviewed…
  • Nov 20

    Really Thinking Through the Form of Production

    Really Thinking Through the Form of Production
    Magistrate Judge Paul Cherry understands ediscovery. More importantly, his opinions have the classic “IRAC” analysis of Issue, Rule, Analysis, and Conclusion. This makes Judge Cherry’s cases on the form of production very…
  • Nov 18

    CAOC Event Takeaway: Resistance to Predictive Coding is Futile

    CAOC Event Takeaway: Resistance to Predictive Coding is Futile
    Last week, Cecilia and I had the pleasure of attending the annual gathering of the Consumer Attorneys of California in San Francisco.  We were there in part to represent Everlaw in sponsoring a CLE session entitled “The…
Rank this Week: 1885

The Everlaw Blog

The Everlaw Blog

Comments on law, technology, and eDiscovery.

http://blog.everlaw.com/
  • Nov 26

    The Uses of Different File Format

    The Uses of Different File Format
    Last week Joshua Gilliland wrote a great post about thinking through the form of production. I thought it would be a good time to share our thoughts about different file formats, and how they affect document review. If you have reviewed…
  • Nov 20

    Really Thinking Through the Form of Production

    Really Thinking Through the Form of Production
    Magistrate Judge Paul Cherry understands ediscovery. More importantly, his opinions have the classic “IRAC” analysis of Issue, Rule, Analysis, and Conclusion. This makes Judge Cherry’s cases on the form of production very…
  • Nov 18

    CAOC Event Takeaway: Resistance to Predictive Coding is Futile

    CAOC Event Takeaway: Resistance to Predictive Coding is Futile
    Last week, Cecilia and I had the pleasure of attending the annual gathering of the Consumer Attorneys of California in San Francisco.  We were there in part to represent Everlaw in sponsoring a CLE session entitled “The…
Rank this Week: 1895

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/
  • Nov 25

    Court Declines to Preclude “Eyes On” Review for Privilege

    Court Declines to Preclude “Eyes On” Review for Privilege
    Good v. Am. Water Works Co., Inc., No. 2:14-01374, 2014 WL 5486827 (S.D. W. Va. Oct. 29, 2014) In this case, the parties made an effort to “craft an agreement respecting the handling of attorney-client and work product information…
  • Nov 25

    The 2014 ABA Journal Blawg 100: Vote for Your Favorites Now!

    The 2014 ABA Journal Blawg 100: Vote for Your Favorites Now!
    The ABA Journal’s Annual Blawg 100 list was released yesterday and we are pleased to report that the Electronic Discovery Law blog was nominated in the Legal Tech category!  The public is now invited to weigh in on the nominees by…
  • Nov 4

    Considering Motion to Compel, Court Asks Whether Discovery Responses have been “Fair”

    Considering Motion to Compel, Court Asks Whether Discovery Responses have been “Fair”
    Finjan, Inc. v. Blue Coat Sys., Inc., No. 5:13-cv-03999-BLF, 2014 WL 5321095 (N.D. Cal. Oct. 17, 2014) In this patent infringement case, Defendant objected to “producing custodial email from archival systems when [the Plaintiff] is not…
Rank this Week: 2404

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
  • Nov 25

    Don’t lightly assume that you’ve extended your time to appeal with a post-trial motion

    Don’t lightly assume that you’ve extended your time to appeal with a post-trial motion
    The parties in your case have stipulated to have their case tried before a temporary judge (pursuant to Cal. Const., art. VI, § 21) and filed all trial-related papers (trial briefs, closing briefs, and requests for statement of decision)…
  • Nov 18

    New blog to cover California Supreme Court

    New blog to cover California Supreme Court
    I received an invitation yesterday afternoon to attend a reception to celebrate the launch of a new blog “focused on providing substantive coverage of issues concerning the Supreme Court of California,” and billed as a joint…
  • Nov 3

    What can Ernest Hemingway teach you about legal writing?

    What can Ernest Hemingway teach you about legal writing?
    In a Wall Street Journal article last month, “Why Adverbs, Maligned by Many, Flourish in the American Legal System,” Ernest Hemingway is cited twice as an example of an effective writer who eschewed adverbs. This colorful…
Rank this Week: 647

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/
  • Nov 25

    “One Step Too Far” — Court Shoots Down The EEOC’s Kitchen Sink Subpoena

    “One Step Too Far” — Court Shoots Down The EEOC’s Kitchen Sink Subpoena
    By Christopher DeGroff, Paul Kehoe and Gerald L. Maatman, Jr. Employers have become accustomed to the federal courts rubber stamping EEOC subpoenas seeking company-wide information based on a single charge of discrimination. In light of…
  • Nov 24

    Senator Alexander’s Report Puts The Spotlight On The EEOC — And Promises Further Oversight In The Next Congre

    Senator Alexander’s Report Puts The Spotlight On The EEOC — And Promises Further Oversight In The Next Congre
    By Christopher DeGroff, Paul Kehoe, and Gerald L. Maatman, Jr. Sen. Lamar Alexander (R-TN), the current Ranking Member and soon to be Chairman of the Senate Health, Education, Labor & Pensions Committee, today issued a report entitled…
  • Nov 20

    Views Of U.S. Workplace Class Actions From Europe

    Views Of U.S. Workplace Class Actions From Europe
    By Gerald L. Maatman, Jr. I had the privilege today of presenting on the topic of “The Risks U.S. Workplace Class Actions Pose For Businesses” to a group of European corporate counsel and business executives at the Swiss Re Centre…
Rank this Week: 4582

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

Covers litigation-related issues concerning consumer packaged goods manufacturers, retailers, advertisers, consumers and attorneys. By Kotchen & Low LLP.

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 1124